[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2788]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 676. Mr. BOOKER submitted an amendment intended to be proposed by 
him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 appropriate place in title VIII, insert the 
     following:

     SEC. __. COMPLIANCE PROCEDURES FOR PROHIBITION ON CRIMINAL 
                   HISTORY INQUIRIES BY FEDERAL CONTRACTORS PRIOR 
                   TO CONDITIONAL OFFER.

       (a) Civilian Agency Contracts.--Section 4714 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). The Secretary may publish such 
     procedures by regulation, guidance, or by means which the 
     Secretary deems appropriate.''; 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''; and
       (iv) by inserting ``as may be necessary'' after ``Federal 
     agencies''; and
       (v) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions 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 4657 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 of 
     Labor 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). The Secretary may publish such 
     procedures by regulation, guidance, or by means which the 
     Secretary deems appropriate.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking ``Defense'' and inserting ``Labor'';
       (ii) by inserting ``of Labor'' before ``shall''; and
       (iii) 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''; and
       (iv) in subparagraph (C), by striking ``warning'' and 
     inserting ``notice''; and
       (B) in paragraph (2)--
       (i) by striking ``Secretary of Defense'' and inserting 
     ``Secretary of Labor'';
       (ii) by inserting ``as may be necessary'' after ``Federal 
     agencies''; and
       (iii) by amending subparagraph (C) to read as follows:
       ``(C) taking any of the actions 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) Application.--This section, and the amendments made by 
     this section, shall apply with respect to contracts awarded 
     on or after the date that is 16 months after the date of the 
     enactment of this Act.
                                 ______