[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7978-S7979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4472. Mr. BOOKER submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr.

[[Page S7979]]

Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle E of title VIII, add the following:

     SEC. 857. COMPLAINT PROCEDURES FOR PROHIBITION ON CRIMINAL 
                   HISTORY INQUIRIES BY CONTRACTORS PRIOR TO 
                   CONDITIONAL OFFER.

       (a) Civilian Agency Contracts.--Section 4714(b) of title 41 
     United States Code, is amended--
       (1) in subsection (b)--
       (A) in the section heading, by striking ``complaint'' and 
     inserting ``investigative'';
       (B) by striking ``Administrator of General Services'' and 
     inserting ``Secretary of Labor'';
       (C) by striking ``submit to the Administrator'' and 
     inserting ``submit to the Secretary of Labor''; and
       (D) by adding at the end the following: ``The Secretary of 
     Labor may also investigate compliance with subsection 
     (a)(1)(B) during the course of compliance evaluations 
     conducted pursuant to parts 60-1.20, 60-300.60, and 60-741.60 
     of title 41, Code of Federal Regulations. The Secretary of 
     Labor may publish such procedures by regulation, guidance, or 
     such other means which the Secretary deems appropriate.''; 
     and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``head of an executive agency determines'' 
     and inserting ``Secretary of Labor, based upon the results of 
     a complaint investigation or compliance evaluation conducted 
     by the Secretary, determines'';
       (ii) by striking ``such head'' and inserting ``the 
     Secretary''; and
       (iii) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``head of an executive agency determines'' 
     and inserting ``Secretary of Labor, based upon the results of 
     a complaint investigation or compliance evaluation conducted 
     by the Secretary determines'';
       (ii) by striking ``such head'' and inserting ``the 
     Secretary'';
       (iii) by inserting ``, as necessary'' after ``in 
     consultation with the relevant Federal agencies''; and
       (iv) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions authorized by section 
     202(7) of Executive Order 11246 (42 U.S.C. 2000e note; 
     relating to equal employment opportunity) and section 60-1.27 
     of title 41, Code of Federal Regulations.''.
       (b) Defense Contracts.--Section 2339 of title 10, United 
     States Code, is amended--
       (1) in subsection (b)--
       (A) in the section heading, by striking ``complaint'' and 
     inserting ``investigative'';
       (B) by striking ``Secretary of Defense'' and inserting 
     ``Secretary of Labor''; and
       (C) by adding at the end before the period the 
     following:``to the Secretary of Labor. The Secretary of Labor 
     may also investigate compliance with subsection (a)(1)(B) 
     during the course of compliance evaluations conducted 
     pursuant to parts 60-1.20, 60-300.60, and 60-741.60 of title 
     41, Code of Federal Regulations. The Secretary of Labor may 
     publish such procedures by regulation, guidance, or such 
     other means which the Secretary deems appropriate.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Secretary of Defense determines'' and 
     inserting ``Secretary of Labor, based upon the results of a 
     complaint investigation or compliance evaluation conducted by 
     the Secretary, determines''; and
       (ii) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``Secretary of Defense determines'' and 
     inserting ``Secretary of Labor, based upon the results of a 
     complaint investigation or compliance evaluation conducted by 
     the Secretary, determines'';
       (ii) by inserting ``, as necessary'' after ``in 
     consultation with the relevant Federal agencies''; and
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions authorized by section 
     202(7) of Executive Order 11246 (42 U.S.C. 2000e note; 
     relating to equal employment opportunity) and section 60-1.27 
     of title 41, Code of Federal Regulations.''.
       (c) Effective Dates.--Section 1123 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116-92; 41 
     U.S.C. 4714 note, 10 U.S.C. 2339 note), is amended--
       (1) in subsection (a)(3), by inserting ``on or after the 
     date that is two years'' after ``solicitations issued''; and
       (2) in subsection (b)(2), by inserting ``on or after the 
     date that is two years'' after ``solicitations issued''.
                                 ______