[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6419 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6419
To amend title 10 and title 41, United States Code, to amend the
compliance procedures for the prohibition on criminal history inquiries
by Federal contractors prior to conditional offers, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 18, 2022
Ms. Ocasio-Cortez (for herself and Ms. Mace) introduced the following
bill; which was referred to the Committee on Oversight and Reform, and
in addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend title 10 and title 41, United States Code, to amend the
compliance procedures for the prohibition on criminal history inquiries
by Federal contractors prior to conditional offers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Chance Improvement Act''.
SEC. 2. COMPLIANCE PROCEDURES FOR INVESTIGATING THE PROHIBITION ON
CRIMINAL HISTORY INQUIRIES BY FEDERAL CONTRACTORS PRIOR
TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--Section 4714(b) of title 41, United
States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Compliance.--
``(1) Procedures for submission of complaint.--The
Secretary of Labor shall establish, and make available to the
public, procedures under which an applicant for a position with
a Federal contractor may submit to the Secretary a complaint,
or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(2) Investigation of compliance.--In addition to the
authority to investigate compliance by a contractor with
subsection (a)(1)(B) pursuant to a complaint submitted under
paragraph (1) of this subsection, the Secretary of Labor may
investigate compliance with subsection (a)(1)(B) in conducting
a compliance evaluation under section 60-1.20, 60-300.60, or
60-741.60 of title 41, Code of Federal Regulations (or any
successor regulation).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``head of an executive
agency'' and inserting ``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-1.20, 60-
300.60, or 60-741.60 of title 41, Code of
Federal Regulations (or any successor
regulation)'' after ``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor''; and
(iv) in subparagraph (C), by striking
``warning'' and inserting ``notice''; and
(B) in paragraph (2)--
(i) by striking ``head of an executive
agency'' and inserting ``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-1.20, 60-
300.60, or 60-741.60 of title 41, Code of
Federal Regulations (or any successor
regulation),'' after ``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor'';
(iv) by inserting ``as may be necessary''
after ``Federal agencies''; and
(v) by striking subparagraph (C) and
inserting the following:
``(C) taking an action to impose a sanction
described under section 202(7) of Executive Order 11246
(related to equal employment opportunity) and section
60-1.27 of title 41, Code of Federal Regulations (or
any successor regulation).''.
(b) Defense Contracts.--Section 2339 of title 10, United States
Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Compliance.--
``(1) Procedures for submission of complaint.--The
Secretary of Labor shall establish, and make available to the
public, procedures under which an applicant for a position with
a Federal contractor may submit to the Secretary a complaint,
or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(2) Investigation of compliance.--In addition to the
authority to investigate compliance by a contractor with
subsection (a)(1)(B) pursuant to a complaint submitted under
paragraph (1) of this subsection, the Secretary of Labor may
investigate compliance with subsection (a)(1)(B) in conducting
a compliance evaluation under section 60-1.20, 60-300.60, or
60-741.60 of title 41, Code of Federal Regulations (or any
successor regulation).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``head of an executive
agency'' and inserting ``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-1.20, 60-
300.60, or 60-741.60 of title 41, Code of
Federal Regulations (or any successor
regulation)'' after ``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor''; and
(iv) in subparagraph (C), by striking
``warning'' and inserting ``notice''; and
(B) in paragraph (2)--
(i) by striking ``head of an executive
agency'' and inserting ``Secretary of Labor'';
(ii) by inserting ``, based upon the
results of a complaint investigation or
compliance evaluation conducted by the
Secretary of Labor under section 60-1.20, 60-
300.60, or 60-741.60 of title 41, Code of
Federal Regulations (or any successor
regulation),'' after ``determines'';
(iii) by striking ``such head'' and
inserting ``the Secretary of Labor'';
(iv) by inserting ``as may be necessary''
after ``Federal agencies''; and
(v) by striking subparagraph (C) and
inserting the following:
``(C) taking an action to impose a sanction
described under section 202(7) of Executive Order 11246
(related to equal employment opportunity) and section
60-1.27 of title 41, Code of Federal Regulations (or
any successor regulation).''.
(c) Effective Date.--This Act, and the amendments made by this Act,
shall apply with respect to contracts awarded on or after December 20,
2022.
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