S.Amdt. 4472

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''.
______