S.Amdt. 676

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.
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