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(21) Congressman Walter B. Jones has worked 
to ensure that handlers are given priority when their 
military working dogs reach retirement; 
(22) Congressman Walter B. Jones was a 
strong proponent of the Wounded Warrior Service 
Dog program, which is a valuable program that 
helps wounded members of the Armed Forces man-
age and recover from post-traumatic stress; 
(23) the advocacy of Congressman Walter B. 
Jones for military working dogs is well known 
throughout the nonprofit community that supports 
military working dogs; 
(24) Congressman Walter B. Jones worked with 
the Department of Defense and the Senate to up-
date the language in the Air Force Manual on Mili-
tary Working Dogs to clarify that military working 
dogs are not equipment and to indicates the true 
level of appreciation and respect the Department of 
Defense has for these valuable members of the mili-
tary team; 
(25) Congressman Walter B. Jones was the 
chief legislative sponsor of the Military Working Dog 
Teams Monument, which was built with no taxpayer 
dollars but through corporate and private donations; 
and 
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(26) with the support of Congressman Walter 
B. Jones, the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181) author-
ized the Burnam Foundation to design, fund, build, 
and maintain the Military Working Dog Teams Na-
tional Monument. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress to— 
(1) recognize the efforts of Congressman Walter 
B. Jones to promote military working dogs as un-
sung heroes on the battlefield and in helping wound-
ed warriors recover from physical and mental inju-
ries; 
(2) recognize the service of military working 
dogs and soldier handlers from the tactical explosive 
detection dog program; 
(3) acknowledge that not all tactical explosive 
detection dogs were adopted by their former soldier 
handlers; 
(4) encourage the Army and other government 
agencies, including law enforcement agencies, with 
former tactical explosive detection dogs to prioritize 
adoption to former tactical explosive detection dog 
handlers; and 
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(5) honor the sacrifices made by tactical explo-
sive detection dogs and their soldier handlers in 
combat. 
SEC. 1099T. DESIGNATION OF DEPARTMENT OF DEFENSE 
STRATEGIC ARCTIC PORTS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Arctic is a region of strategic impor-
tance to the national security interests of the United 
States and the Department of Defense must better 
align its presence, force posture, and capabilities to 
meet the growing array of challenges in the region; 
and 
(2) although much progress has been made to 
increase awareness of Arctic issues and to promote 
increased presence in the region, additional meas-
ures, including the designation of one or more stra-
tegic Arctic ports, are needed to show the commit-
ment of the United States to this emerging strategic 
choke point of future great power competition. 
(b) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Chairman 
of the Joint Chiefs of Staff, the Commanding Gen-
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eral of the United States Army Corps of Engineers, 
the Commandant of the Coast Guard, and the Ad-
ministrator of the Maritime Administration, shall 
submit to the congressional defense committees a re-
port evaluating potential sites for one or more stra-
tegic ports in the Arctic. 
(2) ELEMENTS.—Consistent with the updated 
military strategy for the protection of United States 
national security interests in the Arctic region set 
forth in the report required under section 1071 of 
the National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 114–92; 129 Stat. 992), the 
report required under paragraph (1) shall include— 
(A) an evaluation of the amount of suffi-
cient and suitable space needed to create capac-
ity for port and other necessary infrastructure 
for at least one of each of type of Navy or 
Coast Guard vessel, including an Arleigh Burke 
class destroyer of the Navy, a national security 
cutter, and a heavy polar ice breaker of the 
Coast Guard; 
(B) an evaluation of the amount of suffi-
cient and suitable space needed to create capac-
ity for equipment and fuel storage, techno-
logical infrastructure, and civil infrastructure to 
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support military and civilian operations, includ-
ing— 
(i) aerospace warning; 
(ii) maritime surface and subsurface 
warning; 
(iii) maritime control and defense; 
(iv) maritime domain awareness; 
(v) homeland defense; 
(vi) defense support to civil authori-
ties; 
(vii) humanitarian relief; 
(viii) search and rescue; 
(ix) disaster relief; 
(x) oil spill response; 
(xi) medical stabilization and evacu-
ation; and 
(xii) meteorological measurements and 
forecasting; 
(C) an identification of proximity and road 
access required to an airport designated as a 
commercial service airport by the Federal Avia-
tion Administration that is capable of sup-
porting military and civilian aircraft for oper-
ations designated in subparagraph (B); 
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(D) a description of the requirements, to 
include infrastructure and installations, commu-
nications, and logistics necessary to improve re-
sponse effectiveness to support military and ci-
vilian operations described in subparagraph 
(B); 
(E) an identification of the sites that the 
Secretary recommends as potential sites for 
designation as Department of Defense Strategic 
Arctic Ports; 
(F) the estimated cost of sufficient con-
struction necessary to initiate and sustain ex-
pected operations at such sites; and 
(G) such other information as the Sec-
retary deems relevant. 
(c) DESIGNATION OF STRATEGIC ARCTIC PORTS.— 
Not later than 90 days after the date on which the report 
required under subsection (b) is submitted, the Secretary 
of Defense, in consultation with the Chairman of the Joint 
Chiefs of Staff, the Commanding General of the United 
States Army Corps of Engineers, the Commandant of the 
Coast Guard, and the Administrator of the Maritime Ad-
ministration, may designate one or more ports as Depart-
ment of Defense Strategic Arctic Ports from the sites 
identified under subsection (b)(2)(E). 
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(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to authorize any additional appro-
priations for the Department of Defense for the establish-
ment of any port designated pursuant to this section. 
(e) ARCTIC DEFINED.—In this section, the term 
‘‘Arctic’’ has the meaning given that term in section 112 
of the Arctic Research and Policy Act of 1984 (15 U.S.C. 
4111). 
SEC. 
1099U. 
FUNDING 
LIMITATION 
FOR 
THE 
ERIE 
CANALWAY NATIONAL HERITAGE CORRIDOR. 
Section 810(a)(1) of the Erie Canalway National 
Heritage Corridor Act (Public Law 106–554; 114 Stat. 
2763A–303) is amended, in the second sentence, by strik-
ing ‘‘$12,000,000’’ and inserting ‘‘$14,000,000’’. 
SEC. 1099V. INSPECTION OF FACILITIES USED TO HOUSE, 
DETAIN, SCREEN, AND REVIEW MIGRANTS 
AND REFUGEES. 
The Secretary of Defense, in coordination with the 
Comptroller General of the United States and the Sec-
retary of Health and Human Services shall establish a 
process under which the Comptroller General and the In-
spector General of Health and Human Services, as appro-
priate, may be provided with access to Government-owned 
or Department of Defense-owned installations where there 
are facilities used to house, detain, screen, or review mi-
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grants, refugees, or other persons recently arriving in the 
United States for purposes of conducting surprise inspec-
tions of such facilities. 
SEC. 1099W. SENSE OF CONGRESS REGARDING THE 2001 AU-
THORIZATION FOR USE OF MILITARY FORCE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Authorization for Use of Military Force 
(referred to in this section as the ‘‘2001 AUMF’’) 
(Public Law 107–40; 50 U.S.C. 1541 note) was 
passed by Congress in 2001 after the terrorist at-
tacks of September 11, 2001, to authorize the use 
of force against those responsible for the attacks of 
September 11, 2001. 
(2) The 2001 AUMF is one of the only modern 
authorizations for the use of force in the history of 
the United States that included no limitation in 
time, geography, operations, or a named enemy. 
(3) The 2001 AUMF has been cited 41 times 
as the legal basis for the use of force in 19 coun-
tries. 
(4) Article 1, Section 8 of the Constitution pro-
vides Congress with the sole authority to ‘‘declare 
war’’. 
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(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the use of the 2001 AUMF has been well 
beyond the scope that Congress initially intended 
when it was passed on September 14, 2001; 
(2) nearly 18 years after the passage of the 
2001 AUMF, it has served as a blank check for any 
President to wage war at any time and at any place; 
and 
(3) any new authorization for the use of mili-
tary force that replaces the 2001 AUMF should in-
clude— 
(A) a sunset clause and timeframe within 
which Congress should revisit the authority pro-
vided in the new authorization for use of mili-
tary force; 
(B) a clear and specific expression of mis-
sion objectives, targets, and geographic scope; 
and 
(C) reporting requirements to increase 
transparency and ensure proper Congressional 
oversight. 
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SEC. 1099X. PROHIBITION ON EXPORT OF AIR TO GROUND 
MUNITIONS, 
RELATED 
COMPONENTS 
AND 
PARTS OF SUCH MUNITIONS, AND RELATED 
SERVICES 
TO 
SAUDI 
ARABIA 
AND 
THE 
UNITED ARAB EMIRATES. 
(a) IN GENERAL.—For the one-year period beginning 
on the date of the enactment of this Act, the President 
may not issue any license, and shall suspend any license 
or other approval that was issued before the date of the 
enactment of this Act, for the export to the Government 
of Saudi Arabia or the Government of the United Arab 
Emirates of any air to ground munitions, related compo-
nents and parts of such munitions, and related services. 
(b) WAIVER.—The President may waive the prohibi-
tion in subsection (a) for any instance of license denial 
or suspension that shall result in a cost to the Federal 
Government. 
SEC. 1099Y. INDEPENDENT STUDIES REGARDING POTEN-
TIAL COST SAVINGS WITH RESPECT TO THE 
NUCLEAR 
SECURITY 
ENTERPRISE 
AND 
FORCE STRUCTURE. 
(a) COMPTROLLER GENERAL REPORT.— 
(1) REQUIREMENT.—Not later than December 
1, 2020, the Comptroller General of the United 
States shall submit to the congressional defense 
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committees a report containing cost analyses with 
respect to each of the following: 
(A) Options for reducing the nuclear secu-
rity enterprise (as defined by section 4002 of 
the Atomic Energy Defense Act (50 U.S.C. 
2501)). 
(B) Options for reductions in service con-
tracts. 
(C) Options for rebalancing force struc-
ture, including reductions in special operations 
forces, the ancillary effects of such options, and 
the impacts of changing the force mix between 
active and reserve components. 
(D) Options for reducing or realigning 
overseas military presence. 
(E) Options for the use of pre-award au-
dits to negotiate better prices for weapon sys-
tems and services. 
(F) Options for replacing some military 
personnel with civilian employees. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex with respect to the mat-
ters specified in subparagraphs (A) and (C) of such 
paragraph. 
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(b) FFRDC STUDIES.— 
(1) REQUIREMENT.—The Secretary of Defense 
shall seek to enter into agreements with federally 
funded research and development centers to conduct 
the following studies: 
(A) A study of the cost savings resulting 
from changes in force structure, active and re-
serve component balance, basing, and other im-
pacts resulting from potential challenges to 
foundational planning assumptions. 
(B) A study of the cost savings resulting 
from the adoption of alternatives to the current 
nuclear deterrence posture of the United States. 
(C) A study of the cost savings of alter-
natives to current force structures. 
(2) DETAIL
REQUIRED.—The Secretary shall 
ensure that each study under paragraph (1) has a 
level of detail sufficient to allow the Director of the 
Congressional Budget Office to analyze the costs de-
scribed in such studies. 
(3) SUBMISSION.—Not later than December 1, 
2020, the Secretary shall submit to the congres-
sional defense committees each study under para-
graph (1). 
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(4) FORM.—The studies under paragraph (1), 
and the report under paragraph (3), shall be sub-
mitted in unclassified form, but may contain a clas-
sified annex. 
(c) INDEPENDENT STUDY.— 
(1) REQUIREMENT.—The Secretary shall seek 
to enter into an agreement with an appropriate non-
partisan nongovernmental entity to conduct a study 
on possible alternatives to the current defense and 
deterrence posture of the United States, including 
challenges to foundational assumptions, and the im-
pact of such postures on planning assumptions and 
requirements, basing, and force structure require-
ments. 
(2) SUBMISSION.—Not later than December 1, 
2020, the Secretary shall submit to the congres-
sional defense committees the study under para-
graph (1). 
Subtitle I—North Korea Nuclear 
Sanctions 
SEC. 1099Z–1. SHORT TITLE. 
This subtitle may be cited as the ‘‘Otto Warmbier 
North Korea Nuclear Sanctions Act of 2019’’. 
SEC. 1099Z–2. FINDINGS. 
The Congress finds the following: 
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(1) On June 1, 2016, the Department of the 
Treasury’s Financial Crimes Enforcement Network 
announced a Notice of Finding that the Democratic 
People’s Republic of Korea is a jurisdiction of pri-
mary money laundering concern due to its use of 
state-controlled financial institutions and front com-
panies to support the proliferation and development 
of weapons of mass destruction (WMD) and ballistic 
missiles. 
(2) The Financial Action Task Force (FATF) 
has expressed serious concerns with the threat posed 
by North Korea’s proliferation and financing of 
WMD, and has called on FATF members to apply 
effective counter-measures to protect their financial 
sectors from North Korean money laundering, WMD 
proliferation financing, and the financing of ter-
rorism. 
(3) In its February 2017 report, the U.N. 
Panel of Experts concluded that— 
(A) North Korea continued to access the 
international financial system in support of il-
licit activities despite sanctions imposed by 
U.N. Security Council Resolutions 2270 (2016) 
and 2321 (2016); 
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(B) during the reporting period, no mem-
ber state had reported taking actions to freeze 
North Korean assets; and 
(C) sanctions evasion by North Korea, 
combined with inadequate compliance by mem-
ber states, had significantly negated the impact 
of U.N. Security Council resolutions. 
(4) In its September 2017 report, the U.N. 
Panel of Experts found that— 
(A) North Korea continued to violate fi-
nancial sanctions by using agents acting abroad 
on the country’s behalf; 
(B) foreign financial institutions provided 
correspondent banking services to North Ko-
rean persons and front companies for illicit pur-
poses; 
(C) foreign companies violated sanctions by 
maintaining links with North Korean financial 
institutions; and 
(D) North Korea generated at least $270 
million during the reporting period through the 
violation of sectoral sanctions. 
(5) North Korean entities engage in significant 
financial transactions through foreign bank accounts 
that are maintained by non-North Korean nationals, 
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thereby masking account users’ identity in order to 
access financial services. 
(6) North Korea’s sixth nuclear test on Sep-
tember 3, 2017, demonstrated an estimated explo-
sive power more than 100 times greater than that 
generated by its first nuclear test in 2006. 
(7) On February 23, 2018 the Department of 
the Treasury announced its largest-ever set of North 
Korea-related sanctions, with a particular focus on 
shipping and trading companies, and issued a mari-
time advisory to highlight North Korea’s sanctions 
evasion tactics. On May 9, 2019, the United States 
seized a North Korean ship, the Wise Honest, which 
had previously been detained by Indonesia for car-
rying coal in violation of United Nations sanctions. 
(8) According to the March 2019 Final Report 
of the U.N. Panel of Experts, ‘‘The nuclear and bal-
listic missile programmes of the Democratic People’s 
Republic of Korea remain intact and the country 
continues to defy Security Council resolutions 
through a massive increase in illegal ship-to-ship 
transfers of petroleum products and coal. These vio-
lations render the latest United Nations sanctions 
ineffective by flouting the caps on the import of pe-
troleum products and crude oil by the Democratic 
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People’s Republic of Korea as well as the coal ban, 
imposed in 2017 by the Security Council in response 
to the country’s unprecedented nuclear and ballistic 
missile testing.’’. 
(9) The U.N. Panel of Experts further con-
cluded: ‘‘Financial sanctions remain some of the 
most poorly implemented and actively evaded meas-
ures of the sanctions regime. Individuals empowered 
to act as extensions of financial institutions of the 
Democratic People’s Republic of Korea operate in at 
least five countries with seeming impunity.’’. 
(10) North Korea has successfully tested short- 
range, submarine-launched, and intercontinental bal-
listic missiles, and is rapidly progressing in its devel-
opment of a nuclear-armed missile that is capable of 
reaching United States territory. 
SEC. 1099Z–3. CONDITIONS WITH RESPECT TO CERTAIN AC-
COUNTS AND TRANSACTIONS AT UNITED 
STATES FINANCIAL INSTITUTIONS. 
(a) CORRESPONDENT AND PAYABLE-THROUGH AC-
COUNTS HELD BY FOREIGN FINANCIAL INSTITUTIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall prescribe regulations to 
prohibit, or impose strict conditions on, the opening 
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or maintaining in the United States of a cor-
respondent account or a payable-through account by 
a foreign financial institution that the Secretary 
finds knowingly facilitates a significant transaction 
or provides significant financial services for a cov-
ered person. 
(2) PENALTIES.— 
(A) CIVIL PENALTY.—A person who vio-
lates, attempts to violate, conspires to violate, 
or causes a violation of regulations prescribed 
under this subsection shall be subject to a civil 
penalty in an amount not to exceed the greater 
of— 
(i) $250,000; or 
(ii) an amount that is twice the 
amount of the transaction that is the basis 
of the violation with respect to which the 
penalty is imposed. 
(B) CRIMINAL PENALTY.—A person who 
willfully commits, willfully attempts to commit, 
or willfully conspires to commit, or aids or 
abets in the commission of, a violation of regu-
lations prescribed under this subsection shall, 
upon conviction, be fined not more than 
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HR 2500 PCS
$1,000,000, or if a natural person, may be im-
prisoned for not more than 20 years, or both. 
(b) RESTRICTIONS ON CERTAIN TRANSACTIONS BY 
UNITED STATES FINANCIAL INSTITUTIONS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall prescribe regulations to 
prohibit a United States financial institution, and 
any person owned or controlled by a United States 
financial institution, from knowingly engaging in a 
significant transaction with or benefitting any per-
son that the Secretary finds to be a covered person. 
(2) CIVIL PENALTY.—A person who violates, at-
tempts to violate, conspires to violate, or causes a 
violation of regulations prescribed under this sub-
section shall be subject to a civil penalty in an 
amount not to exceed the greater of— 
(A) $250,000; or 
(B) an amount that is twice the amount of 
the transaction that is the basis of the violation 
with respect to which the penalty is imposed. 
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SEC. 1099Z–4. OPPOSITION TO ASSISTANCE BY THE INTER-
NATIONAL FINANCIAL INSTITUTIONS AND 
THE EXPORT-IMPORT BANK. 
(a) INTERNATIONAL FINANCIAL INSTITUTIONS.— 
The Bretton Woods Agreements Act (22 U.S.C. 286 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERN-
MENT THAT FAILS TO IMPLEMENT SANC-
TIONS ON NORTH KOREA. 
‘‘(a) IN GENERAL.—The Secretary of the Treasury 
shall instruct the United States Executive Director at the 
international financial institutions (as defined under sec-
tion 1701(c) of the International Financial Institutions 
Act) to use the voice and vote of the United States to 
oppose the provision of financial assistance to a foreign 
government, other than assistance to support basic human 
needs, if the President determines that, in the year pre-
ceding consideration of approval of such assistance, the 
government has knowingly failed to prevent the provision 
of financial services to, or freeze the funds, financial as-
sets, and economic resources of, a person described under 
subparagraphs (A) through (E) of section 7(2) of the Otto 
Warmbier North Korea Nuclear Sanctions Act of 2019. 
‘‘(b) WAIVER.—The President may waive subsection 
(a) for up to 180 days at a time with respect to a foreign 
government if the President reports to Congress that— 
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‘‘(1) the foreign government’s failure described 
under (a) is due exclusively to a lack of foreign gov-
ernment capacity; 
‘‘(2) the foreign government is taking effective 
steps to prevent recurrence of such failure; or 
‘‘(3) such waiver is vital to the national security 
interests of the United States.’’. 
(b) EXPORT-IMPORT BANK.—Section 2(b) of the Ex-
port-Import Bank Act of 1945 (12 U.S.C. 635(b)) is 
amended by adding at the end the following: 
‘‘(14) PROHIBITION
ON
SUPPORT
INVOLVING 
PERSONS
CONNECTED
WITH
NORTH
KOREA.—The 
Bank may not guarantee, insure, or extend credit, or 
participate in the extension of credit in connection 
with the export of a good or service to a covered per-
son (as defined under section 7 of the Otto 
Warmbier North Korea Nuclear Sanctions Act of 
2019).’’. 
SEC. 1099Z–5. TREASURY REPORTS ON COMPLIANCE, PEN-
ALTIES, AND TECHNICAL ASSISTANCE. 
(a) SEMIANNUAL REPORT.— 
(1) IN GENERAL.—Not later than 120 days fol-
lowing the date of the enactment of this Act, and 
every 180 days thereafter, the Secretary of the 
Treasury shall submit a report to the Committee on 
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Financial Services of the House of Representatives 
and the Committee on Banking, Housing, and 
Urban Affairs of the Senate that includes— 
(A) a list of financial institutions that, in 
the period since the preceding report, knowingly 
facilitated a significant transaction or trans-
actions or provided significant financial services 
for a covered person; 
(B) a list of any penalties imposed under 
section 3 in the period since the preceding re-
port; and 
(C) a description of efforts by the Depart-
ment of the Treasury in the period since the 
preceding report, through consultations, tech-
nical assistance, or other appropriate activities, 
to strengthen the capacity of financial institu-
tions and foreign governments to prevent the 
provision of financial services benefitting any 
covered person. 
(2) FORM OF REPORT; PUBLIC AVAILABILITY.— 
(A) FORM.—The report required under 
paragraph (1) shall be submitted in unclassified 
form but may contain a classified annex. 
(B) PUBLIC AVAILABILITY.—The unclassi-
fied portion of such report shall be made avail-
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able to the public and posted on the website of 
the Department of the Treasury. 
(3) SUNSET.—The report requirement under 
this subsection shall terminate after the end of the 
5-year period beginning on the date of enactment of 
this Act. 
(b) TESTIMONY REQUIRED.—Upon request of the 
Committee on Financial Services of the House of Rep-
resentatives or the Committee on Banking, Housing, and 
Urban Affairs of the Senate, the Under Secretary of the 
Treasury for Terrorism and Financial Intelligence shall 
testify to explain the effects of this Act, and the amend-
ments made by this Act, on North Korea’s access to illicit 
finance channels. 
(c) INTERNATIONAL MONETARY FUND.—Title XVI 
of the International Financial Institutions Act (22 U.S.C. 
262p et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1629. SUPPORT FOR CAPACITY OF THE INTER-
NATIONAL MONETARY FUND TO PREVENT 
MONEY LAUNDERING AND FINANCING OF 
TERRORISM. 
‘‘The Secretary of the Treasury shall instruct the 
United States Executive Director at the International 
Monetary Fund to support the increased use of the admin-
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istrative budget of the Fund for technical assistance that 
strengthens the capacity of Fund members to prevent 
money laundering and the financing of terrorism.’’. 
(d) NATIONAL ADVISORY COUNCIL REPORT TO CON-
GRESS.—The Chairman of the National Advisory Council 
on International Monetary and Financial Policies shall in-
clude in the report required by section 1701 of the Inter-
national Financial Institutions Act (22 U.S.C. 262r) a de-
scription of— 
(1) the activities of the International Monetary 
Fund in the most recently completed fiscal year to 
provide technical assistance that strengthens the ca-
pacity of Fund members to prevent money laun-
dering and the financing of terrorism, and the effec-
tiveness of the assistance; and 
(2) the efficacy of efforts by the United States 
to support such technical assistance through the use 
of the Fund’s administrative budget, and the level of 
such support. 
(e) SUNSET.—Effective on the date that is the end 
of the 4-year period beginning on the date of enactment 
of this Act, section 1629 of the International Financial 
Institutions Act, as added by subsection (c), is repealed. 
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SEC. 1099Z–6. SUSPENSION AND TERMINATION OF PROHIBI-
TIONS AND PENALTIES. 
(a) SUSPENSION.—Except for any provision of sec-
tion 1098, the President may suspend, on a case-by-case 
basis, the application of any provision of this subtitle, or 
provision in an amendment made by this subtitle, with re-
spect to an entity, individual, or transaction, for a period 
of not more than 180 days at a time if the President cer-
tifies to Congress that— 
(1) the Government of North Korea has— 
(A) committed to the verifiable suspension 
of North Korea’s proliferation and testing of 
WMD, including systems designed in whole or 
in part for the delivery of such weapons; and 
(B) has agreed to multilateral talks includ-
ing the Government of the United States, with 
the goal of permanently and verifiably limiting 
North Korea’s WMD and ballistic missile pro-
grams; or 
(2) such suspension is vital to the national se-
curity interests of the United States, with an expla-
nation of the reasons therefor. 
(b) TERMINATION.— 
(1) IN GENERAL.—On the date that is 30 days 
after the date on which the President makes the cer-
tification described under paragraph (2)— 
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(A) subsection (a), section 1094, and sub-
sections (a) and (b) of section 1096 shall cease 
to have any force or effect; 
(B) section 73 of the Bretton Woods 
Agreements Act, as added by section 4(a), shall 
be repealed; and 
(C) section 2(b)(14) of the Export-Import 
Bank Act of 1945, as added by section 4(b), 
shall be repealed. 
(2) 
CERTIFICATION.—The 
certification 
de-
scribed under this paragraph is a certification by the 
President to the Congress that— 
(A) the Government of North Korea— 
(i) has ceased to pose a significant 
threat to national security, with an expla-
nation of the reasons therefor; or 
(ii) is committed to, and is taking ef-
fective steps to achieving, the goal of per-
manently and verifiably limiting North Ko-
rea’s WMD and ballistic missile programs; 
or 
(B) such termination is vital to the na-
tional security interests of the United States, 
with an explanation of the reasons therefor. 
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SEC. 1099Z–7. EXCEPTION RELATING TO IMPORTATION OF 
GOODS. 
(a) IN GENERAL.—The authorities and requirements 
to impose sanctions authorized under this subtitle shall 
not include the authority or requirement to impose sanc-
tions on the importation of goods. 
(b) GOOD DEFINED.—In this section, the term 
‘‘good’’ means any article, natural or man-made sub-
stance, material, supply or manufactured product, includ-
ing inspection and test equipment, and excluding technical 
data. 
SEC. 1099Z–8. DEFINITIONS. 
For purposes of this subtitle: 
(1) TERMS RELATED TO NORTH KOREA.—The 
terms ‘‘applicable Executive order’’, ‘‘Government of 
North Korea’’, ‘‘North Korea’’, ‘‘North Korean per-
son’’, and ‘‘significant activities undermining cyber-
security’’ have the meanings given those terms, re-
spectively, in section 3 of the North Korea Sanctions 
and Policy Enhancement Act of 2016 (22 U.S.C. 
9202). 
(2) COVERED
PERSON.—The term ‘‘covered 
person’’ means the following: 
(A) Any North Korean person designated 
under an applicable Executive order. 
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(B) Any North Korean person that know-
ingly facilitates the transfer of bulk cash or cov-
ered goods (as defined under section 1027.100 
of title 31, Code of Federal Regulations). 
(C) Any North Korean financial institu-
tion. 
(D) Any North Korean person employed 
outside of North Korea, except that the Sec-
retary of the Treasury may waive the applica-
tion of this subparagraph for a North Korean 
person that is not otherwise a covered person 
and— 
(i) has been granted asylum or ref-
ugee status by the country of employment; 
or 
(ii) is employed as essential diplomatic 
personnel for the Government of North 
Korea. 
(E) Any person acting on behalf of, or at 
the direction of, a person described under sub-
paragraphs (A) through (D). 
(F) Any person that knowingly employs a 
person described under subparagraph (D). 
(G) Any person that knowingly facilitates 
the import of goods, services, technology, or 
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natural resources, including energy imports and 
minerals, or their derivatives, from North 
Korea. 
(H) Any person that knowingly facilitates 
the export of goods, services, technology, or nat-
ural resources, including energy exports and 
minerals, or their derivatives, to North Korea, 
except for food, medicine, or medical supplies 
required for civilian humanitarian needs. 
(I) Any person that knowingly invests in, 
or participates in a joint venture with, an entity 
in which the Government of North Korea par-
ticipates or an entity that is created or orga-
nized under North Korean law. 
(J) Any person that knowingly provides fi-
nancial services, including through a subsidiary 
or joint venture, in North Korea. 
(K) Any person that knowingly insures, 
registers, facilitates the registration of, or 
maintains insurance or a registration for, a ves-
sel owned, controlled, commanded, or operated 
by a North Korean person. 
(L) Any person knowingly providing spe-
cialized teaching, training, or information or 
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providing material or technological support to a 
North Korean person that— 
(i) may contribute to North Korea’s 
development and proliferation of WMD, in-
cluding systems designed in whole or in 
part for the delivery of such weapons; or 
(ii) may contribute to significant ac-
tivities undermining cybersecurity. 
(3) FINANCIAL INSTITUTION DEFINITIONS.— 
(A) FINANCIAL
INSTITUTION.—The term 
‘‘financial institution’’ means a United States 
financial institution or a foreign financial insti-
tution. 
(B) FOREIGN FINANCIAL INSTITUTION.— 
The term ‘‘foreign financial institution’’ has the 
meaning 
given 
that 
term 
under 
section 
1010.605 of title 31, Code of Federal Regula-
tions. 
(C) NORTH KOREAN FINANCIAL INSTITU-
TION.—The term ‘‘North Korean financial in-
stitution’’ includes— 
(i) any North Korean financial insti-
tution, as defined in section 3 of the North 
Korea Sanctions and Policy Enhancement 
Act of 2016 (22 U.S.C. 9202); 
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(ii) any financial agency, as defined in 
section 5312 of title 31, United States 
Code, that is owned or controlled by the 
Government of North Korea; 
(iii) any money transmitting business, 
as defined in section 5330(d) of title 31, 
United States Code, that is owned or con-
trolled by the Government of North Korea; 
(iv) any financial institution that is a 
joint venture between any person and the 
Government of North Korea; and 
(v) any joint venture involving a 
North Korean financial institution. 
(D) UNITED STATES FINANCIAL INSTITU-
TION.—The term ‘‘United States financial insti-
tution’’ has the meaning given the term ‘‘U.S. 
financial institution’’ under section 510.310 of 
title 31, Code of Federal Regulations. 
(4) KNOWINGLY.—The term ‘‘knowingly’’ with 
respect to conduct, a circumstance, or a result, 
means that a person has actual knowledge, or should 
have known, of the conduct, the circumstance, or the 
result. 
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TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Subtitle A—Personnel Management 
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS 
AGENCY 
PERSONNEL 
MANAGEMENT 
AU-
THORITY. 
Section 1599h(b)(1)(B) of title 10, United States 
Code, is amended by striking ‘‘100 positions’’ and insert-
ing ‘‘140 positions’’. 
SEC. 1102. MODIFICATION OF PROBATIONARY PERIOD FOR 
CERTAIN DEPARTMENT OF DEFENSE EM-
PLOYEES. 
(a) IN GENERAL.—Section 1599e of title 10, United 
States Code, is amended by— 
(1) striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—Notwithstanding sections 3321 
and 3393(d) of title 5, the probationary period applicable 
under those sections to a covered employee may be ex-
tended by the Secretary concerned at the discretion of 
such Secretary.’’; and 
(2) by striking subsection (d). 
(b) CONFORMING AMENDMENTS.—Title 5, United 
States Code, is amended— 
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(1) in section 7501(1), by striking ‘‘, except as 
provided in section 1599e of title 10,’’; and 
(2) in section 7511(a)(1)(A)(ii), by striking 
‘‘except as provided in section 1599e of title 10,’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply to any covered employee (as that term 
is defined in paragraph (1) of section 1599e(b) of title 
10, United States Code) appointed to a position described 
under subparagraph (A) or (B) of such paragraph on or 
after the date of the enactment of this Act. 
SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT. 
Section 129 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in the first sentence, by striking ‘‘each 
fiscal year’’ and inserting ‘‘each fiscal year sole-
ly’’; and 
(B) in the second sentence— 
(i) by striking ‘‘Any’’ and inserting 
‘‘The management of such personnel in 
any fiscal year shall not be subject to 
any’’; and 
(ii) by striking ‘‘shall be developed’’ 
and all that follows through ‘‘changed cir-
cumstances’’; and 
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(2) in subsection (c)(2)— 
(A) in each of subparagraphs (A) and (B), 
by inserting ‘‘and associated costs’’ after each 
instance of ‘‘projected size’’; and 
(B) in subparagraph (B), by striking ‘‘that 
have been taken’’ and all that follows through 
the period and inserting ‘‘to reduce the overall 
costs of the total force of military, civilian, and 
contract workforces.’’. 
SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHOR-
ITY TO GRANT ALLOWANCES, BENEFITS, AND 
GRATUITIES TO CIVILIAN PERSONNEL ON OF-
FICIAL DUTY IN A COMBAT ZONE. 
Paragraph (2) of section 1603(a) of the Emergency 
Supplemental Appropriations Act for Defense, the Global 
War on Terror, and Hurricane Recovery, 2006 (Public 
Law 109–234; 120 Stat. 443), as added by section 1102 
of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4616) and as most recently amended by section 1115 of 
the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115–232), is further 
amended by striking ‘‘2020’’ and inserting ‘‘2021’’. 
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SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE 
ANNUAL LIMITATION ON PREMIUM PAY AND 
AGGREGATE LIMITATION ON PAY FOR FED-
ERAL CIVILIAN EMPLOYEES WORKING OVER-
SEAS. 
(a) EXTENSION OF AUTHORITY.—Section 1101(a) of 
the Duncan Hunter National Defense Authorization Act 
for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 
4615), as most recently amended by section 1104 of the 
John S. McCain National Defense Authorization Act for 
Fiscal Year 2019 (Public Law 115–232), is further 
amended by striking ‘‘through 2019’’ and inserting 
‘‘through 2020’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on January 1, 2020. 
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY 
MILITARY PERSONNEL. 
Subparagraph (B) of paragraph (1) of subsection (g) 
of section 129a of title 10, United States Code, is amend-
ed to read as follows: 
‘‘(B) such functions may be performed by 
military personnel for a period that does not ex-
ceed one year if the Secretary of the military 
department concerned determines that— 
‘‘(i) the performance of such functions 
by military personnel is required to ad-
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dress critical staffing needs resulting from 
a reduction in personnel or budgetary re-
sources by reason of an Act of Congress; 
and 
‘‘(ii) the military department con-
cerned is in compliance with the policies, 
procedures, and analysis required by this 
section and section 129 of this title.’’. 
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR 
DOMESTIC 
INDUSTRIAL 
BASE 
FACILITIES 
AND MAJOR RANGE AND TEST FACILITIES 
BASE. 
(a) IN GENERAL.—Subsection (a) of section 1125 of 
the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328), as amended by subsection 
(a) of section 1102 of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91), is further 
amended by striking ‘‘through 2021,’’ and inserting 
‘‘through 2025,’’. 
(b) BRIEFING.—Subsection (b) of such section 1102 
is amended by striking ‘‘fiscal years 2019 and 2021’’ and 
inserting ‘‘fiscal years 2019 through 2025’’. 
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SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOW-
ANCES AND BENEFITS FOR CERTAIN DE-
FENSE CLANDESTINE SERVICE EMPLOYEES. 
Section 1603 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) ADDITIONAL ALLOWANCES AND BENEFITS FOR 
CERTAIN EMPLOYEES OF THE DEFENSE CLANDESTINE 
SERVICE.—(1) Beginning on the date on which the Sec-
retary of Defense submits the report under paragraph 
(3)(A), in addition to the authority to provide compensa-
tion under subsection (a), the Secretary may provide a 
covered employee allowances and benefits under paragraph 
(1) of section 9904 of title 5 without regard to the limita-
tions in that section— 
‘‘(A) that the employee be assigned to activities 
outside the United States; or 
‘‘(B) that the activities to which the employee 
is assigned be in support of Department of Defense 
activities abroad. 
‘‘(2) The Secretary may not provide allowances and 
benefits under paragraph (1) to more than 125 covered 
employees per year. 
‘‘(3)(A) The Secretary shall submit to the appro-
priate congressional committees a report containing a 
strategy addressing the mission of the Defense Clandes-
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tine Service during the period covered by the most recent 
future-years defense program submitted under section 221 
of this title, including— 
‘‘(i) how such mission will evolve during such 
period; 
‘‘(ii) how the authority provided by paragraph 
(1) will assist the Secretary in carrying out such 
mission; and 
‘‘(iii) an implementation plan for carrying out 
paragraph (1), including a projection of how much 
the amount of the allowances and benefits provided 
under such paragraph compare with the amount of 
the allowances and benefits provided before the date 
of the report. 
‘‘(B) Not later than December 31, 2020, and each 
year thereafter, the Secretary shall submit to the appro-
priate congressional committees a report, with respect to 
the fiscal year preceding the date on which the report is 
submitted— 
‘‘(i) identifying the number of covered employ-
ees for whom the Secretary provided allowances and 
benefits under paragraph (1); and 
‘‘(ii) evaluating the efficacy of such allowances 
and benefits in enabling the execution of the objec-
tives of the Defense Intelligence Agency. 
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‘‘(C) The reports under subparagraphs (A) and (B) 
may be submitted in classified form. 
‘‘(4) In this subsection: 
‘‘(A) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(i) the congressional defense committees; 
and 
‘‘(ii) the Permanent Select Committee on 
Intelligence of the House of Representatives 
and the Select Committee on Intelligence of the 
Senate. 
‘‘(B) The term ‘covered employee’ means an 
employee in a defense intelligence position who is as-
signed to the Defense Clandestine Service at a loca-
tion in the United States that the Secretary deter-
mines has living costs equal to or higher than the 
District of Columbia.’’. 
SEC. 1109. PROHIBITED PERSONNEL PRACTICES. 
(a) IN GENERAL.—Section 2302 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(g)(1) All protections afforded to an employee under 
subparagraphs (A), (B), and (D) of subsection (b)(1) shall 
be afforded, in the same manner and to the same extent, 
to an intern and an applicant for internship. 
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‘‘(2) For purposes of the application of this sub-
section, a reference to an employee shall be considered a 
reference to an intern in— 
‘‘(A) section 717 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–16); 
‘‘(B) sections 12 and 15 of the Age Discrimina-
tion in Employment Act of 1967 (29 U.S.C. 631, 
633a); and 
‘‘(C) section 501 of the Rehabilitation Act of 
1973 (29 U.S.C. 791). 
‘‘(3) In this subsection, the term ‘intern’ means an 
individual who performs uncompensated voluntary service 
in an agency to earn credit awarded by an educational in-
stitution or to learn a trade or occupation.’’. 
(b) CONFORMING AMENDMENT.—Section 3111(c)(1) 
of title 5, United States Code, is amended by inserting 
‘‘section 2302(g) (relating to prohibited personnel prac-
tices),’’ before ‘‘chapter 81’’. 
SEC. 1110. ENHANCEMENT OF ANTIDISCRIMINATION PRO-
TECTIONS FOR FEDERAL EMPLOYEES. 
(a) SENSE OF CONGRESS.—Section 102 of the Notifi-
cation and Federal Employee Antidiscrimination and Re-
taliation Act of 2002 (5 U.S.C. 2301 note) is amended— 
(1) in paragraph (4), to read as follows: 
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‘‘(4) accountability in the enforcement of Fed-
eral employee rights is furthered when Federal agen-
cies take appropriate disciplinary action against 
Federal employees who have been found to have 
committed discriminatory or retaliatory acts;’’; and 
(2) in paragraph (5)(A)— 
(A) by striking ‘‘nor is accountability’’ and 
inserting ‘‘but accountability is not’’; and 
(B) by inserting ‘‘for what by law the 
agency is responsible’’ after ‘‘under this Act’’. 
(b) NOTIFICATION OF VIOLATION.—Section 202 of 
the Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following: 
‘‘(d) NOTIFICATION OF FINAL AGENCY ACTION.— 
‘‘(1) Not later than 30 days after a Federal 
agency takes final action or the Equal Employment 
Opportunity Commission issues an appellate decision 
involving a finding of discrimination or retaliation 
prohibited by a provision of law covered by para-
graph (1) or (2) of section 201(a), as applicable, the 
head of the agency subject to the finding shall pro-
vide notice for at least 1 year on the agency’s inter-
net website in a clear and prominent location linked 
directly from the agency’s internet home page stat-
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ing that a finding of discrimination or retaliation 
has been made. 
‘‘(2) The notification shall identify the date the 
finding was made, the date or dates on which the 
discriminatory or retaliatory act or acts occurred, 
and the law or laws violated by the discriminatory 
or retaliatory act or acts. The notification shall also 
advise Federal employees of the rights and protec-
tions available under the respective provisions of law 
covered by paragraph (1) or (2) of section 201(a).’’. 
(c) REPORTING REQUIREMENTS.— 
(1) ELECTRONIC FORMAT REQUIREMENT.— 
(A) IN GENERAL.—Section 203(a) of the 
Notification 
and 
Federal 
Employee 
Anti-
discrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended— 
(i) by inserting ‘‘Homeland Security 
and’’ before ‘‘Governmental Affairs’’; 
(ii) by inserting ‘‘Oversight and’’ be-
fore ‘‘Government Reform’’; and 
(iii) by inserting ‘‘(in an electronic 
format prescribed by the Office of Per-
sonnel Management)’’ after ‘‘an annual re-
port’’. 
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(B) EFFECTIVE
DATE.—The amendment 
made by paragraph (1)(C) shall take effect on 
the date that is 1 year after the date of enact-
ment of this Act. 
(C) 
TRANSITION
PERIOD.—Notwith-
standing the requirements of section 203(a) of 
the Notification and Federal Employee Anti-
discrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note), the report required under 
such section may be submitted in an electronic 
format, as prescribed by the Office of Personnel 
Management, during the period beginning on 
the date of enactment of this Act and ending on 
the effective date in paragraph (2). 
(2) REPORTING REQUIREMENT FOR DISCIPLI-
NARY ACTION.—Section 203 of such Act is amended 
by adding at the end the following: 
‘‘(c) DISCIPLINARY
ACTION
REPORT.—Not later 
than 60 days after the date on which a Federal agency 
takes final action or a Federal agency receives an appel-
late decision issued by the Equal Employment Oppor-
tunity Commission involving a finding of discrimination 
or retaliation in violation of a provision of law covered by 
paragraph (1) or (2) of section 201(a), as applicable, the 
employing Federal agency shall submit to the Commission 
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a report stating whether disciplinary action has been initi-
ated against a Federal employee as a result of the viola-
tion.’’. 
(d) DATA TO BE POSTED BY EMPLOYING FEDERAL 
AGENCIES.—Section 301(b) of the Notification and Fed-
eral Employee Antidiscrimination and Retaliation Act of 
2002 (5 U.S.C. 2301 note) is amended— 
(1) in paragraph (9)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B)(ii), by striking 
the period at the end and inserting ‘‘, and’’; 
and 
(C) by adding at the end the following: 
‘‘(C) for each such finding counted under 
subparagraph (A), the agency shall specify— 
‘‘(i) the date of the finding; 
‘‘(ii) the affected agency; 
‘‘(iii) the law violated; and 
‘‘(iv) whether a decision has been 
made regarding necessary disciplinary ac-
tion as a result of the finding.’’; and 
(2) by adding at the end the following: 
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‘‘(11) Data regarding each class action com-
plaint filed against the agency alleging discrimina-
tion or retaliation, including— 
‘‘(A) information regarding the date on 
which each complaint was filed; 
‘‘(B) a general summary of the allegations 
alleged in the complaint; 
‘‘(C) an estimate of the total number of 
plaintiffs joined in the complaint if known; 
‘‘(D) the current status of the complaint, 
including whether the class has been certified; 
and 
‘‘(E) the case numbers for the civil actions 
in which discrimination or retaliation has been 
found.’’. 
(e) DATA TO BE POSTED BY THE EQUAL EMPLOY-
MENT OPPORTUNITY COMMISSION.—Section 302(b) of the 
Notification and Federal Employee Antidiscrimination 
and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by striking ‘‘(10)’’ and inserting ‘‘(11)’’. 
(f) NOTIFICATION AND FEDERAL EMPLOYEE ANTI-
DISCRIMINATION
AND
RETALIATION
ACT
AMEND-
MENTS.— 
(1) NOTIFICATION REQUIREMENTS.—The Noti-
fication and Federal Employee Antidiscrimination 
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and Retaliation Act of 2002 (5 U.S.C. 2301 note) 
is amended by adding after section 206 the fol-
lowing: 
‘‘SEC. 207. COMPLAINT TRACKING. 
‘‘Not later than 1 year after the date of enactment 
of the Federal Employee Antidiscrimination Act of 2019, 
each Federal agency shall establish a system to track each 
complaint 
of 
discrimination 
arising 
under 
section 
2302(b)(1) of title 5, United States Code, and adjudicated 
through the Equal Employment Opportunity process from 
inception to resolution of the complaint, including whether 
a decision has been made regarding necessary disciplinary 
action as the result of a finding of discrimination. 
‘‘SEC. 208. NOTATION IN PERSONNEL RECORD. 
‘‘If a Federal agency takes an adverse action covered 
under section 7512 of title 5, United States Code, against 
a Federal employee for an act of discrimination or retalia-
tion prohibited by a provision of law covered by paragraph 
(1) or (2) of section 201(a), the agency shall, after all 
appeals relating to such action have been exhausted, in-
clude a notation of the adverse action and the reason for 
the action in the employee’s personnel record.’’. 
(2) PROCESSING AND REFERRAL.—The Notifi-
cation and Federal Employee Antidiscrimination and 
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Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following: 
‘‘TITLE IV—PROCESSING AND 
REFERRAL 
‘‘SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS. 
‘‘Each Federal agency is responsible for the fair, im-
partial processing and resolution of complaints of employ-
ment discrimination and retaliation arising in the Federal 
administrative process and shall establish a model Equal 
Employment Opportunity Program that— 
‘‘(1) is not under the control, either structurally 
or practically, of a Human Capital or General Coun-
sel office; 
‘‘(2) is devoid of internal conflicts of interest 
and ensures fairness and inclusiveness within the or-
ganization; and 
‘‘(3) ensures the efficient and fair resolution of 
complaints alleging discrimination or retaliation. 
‘‘SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GEN-
ERAL COUNSEL ADVICE. 
‘‘Nothing in this title shall prevent a Federal agency’s 
Human Capital or General Counsel office from providing 
advice or counsel to Federal agency personnel on the proc-
essing and resolution of a complaint, including providing 
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legal representation to a Federal agency in any pro-
ceeding. 
‘‘SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF 
AGENCY. 
‘‘The head of each Federal agency’s Equal Employ-
ment Opportunity Program shall report directly to the 
head of the agency. 
‘‘SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION. 
‘‘(a) EEOC FINDINGS
OF DISCRIMINATION.—Not 
later than 30 days after the Equal Employment Oppor-
tunity Commission issues an appellate decision involving 
a finding of discrimination or retaliation within a Federal 
agency, the Commission shall refer the matter to the Of-
fice of Special Counsel. 
‘‘(b) REFERRALS TO SPECIAL COUNSEL.—The Office 
of Special Counsel shall accept and review a referral from 
the Commission under subsection (a) for purposes of seek-
ing disciplinary action under its authority against a Fed-
eral employee who commits an act of discrimination or re-
taliation. 
‘‘(c) NOTIFICATION.—The Office of Special Counsel 
shall notify the Commission in a case in which the Office 
of Special Counsel initiates disciplinary action. 
‘‘(d) SPECIAL
COUNSEL
APPROVAL.—A Federal 
agency may not take disciplinary action against a Federal 
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employee for an alleged act of discrimination or retaliation 
referred by the Commission under this section except in 
accordance with the requirements of section 1214(f) of 
title 5, United States Code.’’. 
(3) CONFORMING AMENDMENTS.—The table of 
contents in section 1(b) of the Notification and Fed-
eral Employee Antidiscrimination and Retaliation 
Act of 2002 (5 U.S.C. 2301 note) is amended— 
(A) by inserting after the item relating to 
section 206 the following: 
‘‘Sec. 207. Complaint tracking. 
‘‘Sec. 208. Notation in personnel record.’’; 
and 
(B) by adding at the end the following: 
‘‘TITLE IV—PROCESSING AND REFERRAL 
‘‘Sec. 401. Processing and resolution of complaints. 
‘‘Sec. 402. No limitation on Human Capital or General Counsel advice. 
‘‘Sec. 403. Head of Program reports to head of agency. 
‘‘Sec. 404. Referrals of findings of discrimination.’’. 
(g) NONDISCLOSURE AGREEMENT LIMITATION.— 
Section 2302(b) of title 5, United States Code, is amend-
ed— 
(1) in paragraph (13)— 
(A) by inserting ‘‘or the Office of Special 
Counsel’’ after ‘‘Inspector General’’; 
(B) by striking ‘‘implement’’ and inserting 
‘‘(A) implement’’; and 
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(C) by striking the period that follows the 
quoted material and inserting ‘‘; or’’; and 
(2) by adding after subparagraph (A), as added 
by paragraph (1)(B), and preceding the flush left 
matter that follows paragraph (13), the following: 
‘‘(B) implement or enforce any nondisclo-
sure policy, form, or agreement, if such policy, 
form, or agreement prohibits or restricts an em-
ployee from disclosing to Congress, the Office of 
Special Counsel, or an Office of the Inspector 
General any information that relates to any vio-
lation of any law, rule, or regulation, or mis-
management, a gross waste of funds, an abuse 
of authority, or a substantial, and specific dan-
ger to public health or safety, or any other 
whistleblower protection.’’. 
SEC. 1111. MODIFICATION OF DIRECT HIRE AUTHORITIES 
FOR THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Section 9905 of title 5, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) Any cyber workforce position.’’; and 
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(B) by adding afer paragraph (4) the fol-
lowing: 
‘‘(5) Any scientific, technical, engineering, or 
mathematics positions, including technicians, within 
the defense acquisition workforce, or any category of 
acquisition positions within the Department des-
ignated by the Secretary as a shortage or critical 
need category. 
‘‘(6) Any scientific, technical, engineering, or 
mathematics position, except any such position with-
in any defense Scientific and Technology Reinven-
tion Laboratory, for which a qualified candidate is 
required to possess a bachelor’s degree or an ad-
vanced degree, or for which a veteran candidate is 
being considered. 
‘‘(7) Any category of medical or health profes-
sional positions within the Department designated 
by the Secretary as a shortage category or critical 
need occupation. 
‘‘(8) Any childcare services position for which 
there is a critical hiring need and a shortage of 
childcare providers. 
‘‘(9) Any financial management, accounting, 
auditing, actuarial, cost estimation, operational re-
search, or business or business administration posi-
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tion, for which a qualified candidate is required to 
possess a finance, accounting, management or actu-
arial science degree or a related degree, or a related 
degree equivalent experience. 
‘‘(10) Any position, as determined by the Sec-
retary, for the purpose of assisting and facilitating 
the efforts of the Department in business trans-
formation and management innovation.’’; and 
(2) by striking subsection (b) and inserting the 
following: 
‘‘(b) SUNSET.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), effective on September 30, 2025, the au-
thority provided under subsection (a) shall expire. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to the authority provided under subsection (a) 
to make appointments to positions described under 
paragraph (5) of such subsection. 
‘‘(c) SUSPENSION
OF OTHER HIRING AUTHORI-
TIES.—During the period beginning on the effective date 
of the regulations issued to carry out the hiring authority 
with respect to positions described in paragraphs (5) 
through (10) of subsection (a) and ending on the date de-
scribed in subsection (b)(1), the Secretary of Defense may 
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not exercise or otherwise use any hiring authority provided 
under the following provisions of law: 
‘‘(1) Sections 1599c(a)(2) and 1705(h) of title 
10. 
‘‘(2) Sections 1112 and 1113 of the National 
Defense Authorization Act for Fiscal Year 2016 
(Public Law 114–92; 129 Stat. 1033). 
‘‘(3) Sections 1110 and 1643(a)(3) of the Na-
tional Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2450 and 
2602). 
‘‘(4) Sections 559 and 1101 of the National 
Defense Authorization Act for Fiscal Year 2018 
(Public Law 115–91).’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than February 1, 
2021, the Secretary of Defense, in coordination with 
the Director of the Office of Personnel Management, 
shall contract with a Federally funded research and 
development center to submit a report to the con-
gressional defense committees and the Committee on 
Oversight and Reform of the House of Representa-
tives. 
(2) CONTENTS.—The report required under 
paragraph (1) shall— 
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(A) assess and identify steps that could be 
taken to improve the competitive hiring process 
at the Department and ensure that direct hir-
ing is conducted in a manner consistent with 
ensuring a merit based civil service and a di-
verse workforce in the Department and the rest 
of the Federal Government; and 
(B) consider the feasibility and desirability 
of using cohort hiring, or hiring ‘‘talent pools’’, 
instead of conducting all hiring on a position- 
by-position basis. 
(3) OTHER MATTERS.—The Federally funded 
research and development center selected to carry 
out the report under this subsection shall, in pre-
paring such report, consult with all stakeholders, 
public sector unions, hiring managers, career agency, 
and Office of Personnel Management personnel spe-
cialists, and survey public sector employees and job 
applicants, when developing its analysis and rec-
ommendations. 
SEC. 
1112. 
PERMITTED 
DISCLOSURES 
BY 
WHISTLE-
BLOWERS. 
(a) RECIPIENTS
OF
WHISTLEBLOWER
DISCLO-
SURES.—Section 2302(b)(8)(B) of title 5, United States 
Code, is amended by striking ‘‘or to the Inspector’’ and 
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all that follows through ‘‘such disclosures’’ and inserting 
‘‘the Inspector General of an agency, a supervisor in the 
employee’s direct chain of command up to and including 
the head of the employing agency, or to an employee des-
ignated by any of the aforementioned individuals for the 
purpose of receiving such disclosures’’. 
(b) DETERMINATION OF BUDGETARY EFFECTS.— 
The budgetary effects of this section, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
section, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to 
the vote on passage. 
SEC. 1113. DESIGNATING CERTAIN FEHBP AND FEGLI SERV-
ICES PROVIDED BY FEDERAL EMPLOYEES AS 
EXCEPTED SERVICES UNDER THE ANTI-DEFI-
CIENCY ACT. 
(a) FEHBP.—Section 8905 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(i) Any services by an officer or employee under this 
chapter relating to enrolling individuals in a health bene-
fits plan under this chapter, or changing the enrollment 
of an individual already so enrolled, shall be deemed, for 
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purposes of section 1342 of title 31, services for emer-
gencies involving the safety of human life or the protection 
of property.’’. 
(b) FEGLI.—Section 8702 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘(d) Any services by an officer or employee under this 
chapter relating to benefits under this chapter shall be 
deemed, for purposes of section 1342 of title 31, services 
for emergencies involving the safety of human life or the 
protection of property.’’. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Office of 
Personnel Management shall prescribe regulations to 
carry out the amendments made by subsections (a) 
and (b). 
(2) PAY STATUS FOR FURLOUGHED EMPLOY-
EES.—The regulations prescribed under paragraph 
(1) for the amendments made by subsection (a) shall 
provide that an employee furloughed as result of a 
lapse in appropriations shall, during such lapse, be 
deemed to be in a pay status for purposes of enroll-
ing or changing the enrollment (as the case may be) 
of that employee under chapter 89 of title 5, United 
States Code. 
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(d) APPLICATION.—The amendments made by sub-
section (a) and (b) shall apply to any lapse in appropria-
tions beginning on or after the date of enactment of this 
Act. 
SEC. 1114. CONTINUING SUPPLEMENTAL DENTAL AND VI-
SION BENEFITS AND LONG-TERM CARE IN-
SURANCE COVERAGE DURING A GOVERN-
MENT SHUTDOWN. 
(a) IN GENERAL.—Title 5, United States Code, is 
amended— 
(1) in section 8956, by adding at the end the 
following: 
‘‘(d) Coverage under a dental benefits plan under this 
chapter for any employee or a covered TRICARE-eligible 
individual enrolled in such a plan and who, as a result 
of a lapse in appropriations, is furloughed or excepted 
from furlough and working without pay shall continue 
during such lapse and may not be cancelled as a result 
of nonpayment of premiums or other periodic charges due 
to such lapse.’’; 
(2) in section 8986, by adding at the end the 
following: 
‘‘(d) Coverage under a vision benefits plan under this 
chapter for any employee or a covered TRICARE-eligible 
individual enrolled in such a plan and who, as a result 
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of a lapse in appropriations, is furloughed or excepted 
from furlough and working without pay shall continue 
during such lapse and may not be cancelled as a result 
of nonpayment of premiums or other periodic charges due 
to such lapse.’’; and 
(3) in section 9003, by adding at the end the 
following: 
‘‘(e) EFFECT OF GOVERNMENT SHUTDOWN.—Cov-
erage under a master contract under this chapter for long- 
term care insurance for an employee or member of the 
uniformed services enrolled under such contract and who, 
due to a lapse in appropriations, is furloughed or excepted 
from furlough and working without pay shall continue 
during such lapse and may not be cancelled as a result 
of nonpayment of premiums or other periodic charges due 
to such lapse.’’. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Consistent with paragraph 
(2), the Director of the Office of Personnel Manage-
ment shall prescribe regulations under which pre-
miums for supplemental dental, supplemental vision, 
or long-term care insurance under chapter 89A, 
89B, or 90 (respectively) of title 5, United States 
Code, (as amended by subsection (a)) that are un-
paid by an employee, a covered TRICARE-eligible 
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individual, or a member of the uniformed services 
(as the case may be), as a result of that employee, 
covered TRICARE-eligible individual, or member 
being furloughed or excepted from furlough and 
working without pay as a result of a lapse in appro-
priations, are paid to the applicable carrier from 
back pay made available to the employee or member 
as soon as practicable upon the end of such lapse. 
(2) LONG-TERM CARE PREMIUMS FROM SOURCE 
OTHER
THAN
BACKPAY.—The regulations promul-
gated under paragraph (1) for the amendments 
made by subsection (a)(3) may provide, with respect 
to any individual who elected under section 9004(d) 
of title 5, United States Code, to pay premiums di-
rectly to the carrier, that such individual may con-
tinue to pay premiums pursuant to such election in-
stead of from back pay made available to such indi-
vidual. 
(c) APPLICATION.—The amendments made by sub-
section (a) shall apply to any contract for supplemental 
dental, supplemental vision, or long-term care insurance 
under chapter 89A, 89B, or 90 (respectively) of title 5, 
United States Code, entered into before, on, or after the 
date of enactment of this Act. 
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SEC. 1115. INTERIM STAY AUTHORITY TO PROTECT WHIS-
TLEBLOWERS. 
(a) TEMPORARY AUTHORITY FOR MSPB GENERAL 
COUNSEL TO ISSUE STAYS OF PERSONNEL ACTIONS.— 
During the period beginning on the date of the enactment 
of this Act and ending on the first date after such date 
of enactment that an individual is confirmed by the Senate 
as a member of the Merit Systems Protection Board under 
section 1201 of title 5, United States Code, the general 
counsel of the Board shall carry out the functions and au-
thorities relating to stays of personnel actions provided to 
a member of the Board under subparagraph (A), or to 
the Board under subparagraph (B), (C), or (D), of section 
1214(b)(1) of such title. 
(b) AUTHORITY FOR MSPB MEMBER TO CARRY OUT 
DUTIES OF THE BOARD IN THE EVENT OF A LACK OF 
QUORUM.—Section 1214(b)(1) of title 5, United States 
Code, is amended— 
(1) in subparagraph (C), by inserting after 
‘‘The Board’’ the following: ‘‘, or, if the Board lacks 
the number of members appointed under section 
1201 required to constitute a quorum, any remain-
ing member of the Board,’’; and 
(2) in subparagraph (D), in the matter pre-
ceding clause (i), by striking ‘‘A stay may be termi-
nated by the Board at any time, except that a stay 
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may not be terminated by the Board’’ and inserting 
the following: ‘‘A stay may be terminated by the 
Board, or, if the Board lacks the number of mem-
bers appointed under section 1201 required to con-
stitute a quorum, any remaining member of the 
Board, at any time, except that a stay may not be 
terminated by the Board or any remaining member 
of the Board (as the case may be)’’. 
SEC. 1116. LIMITATION ON TRANSFER OF OFFICE OF PER-
SONNEL MANAGEMENT. 
The President or his designee may not take any ac-
tion to transfer, transition, merge, or consolidate any 
functions, responsibilities, programs, authorities, informa-
tion technology systems, staff, resources, or records of the 
Office of Personnel to or with the General Services Admin-
istration, the Office of Management and Budget, or the 
Executive Office of the President. 
SEC. 1117. REVIEW OF STANDARD OCCUPATIONAL CLASSI-
FICATION SYSTEM. 
The Director of the Office of Management and Budg-
et shall not later than 30 days after the date of the enact-
ment of this Act, categorize public safety telecommunica-
tors as a protective service occupation under the Standard 
Occupational Classification System. 
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SEC. 1118. ASSESSMENT OF ACCELERATED PROMOTION 
PROGRAM SUSPENSION. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of the 
Navy shall enter into an agreement with a Federally fund-
ed research and development center with relevant expertise 
to conduct an assessment of the impacts resulting from 
the Navy’s suspension in 2016 of the Accelerated Pro-
motion Program (in this section referred to as the 
‘‘APP’’). 
(b) ELEMENTS.—The assessment required under 
subsection (a) shall include the following elements: 
(1) An identification of the employees who were 
hired at the four public shipyards between January 
23, 2016, and December 22, 2016, covering the pe-
riod in which APP was suspended, and who would 
have otherwise been eligible for APP had the pro-
gram been in effect at the time they were hired. 
(2) An assessment for each employee identified 
in paragraph (1) to determine the difference between 
wages earned from the date of hire to the date on 
which the wage data would be collected and the 
wages which would have been earned during this 
same period should that employee have participated 
in APP from the date of hire and been promoted ac-
cording to the average promotion timeframe for par-
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ticipants hired in the five-year period prior to the 
suspension. 
(3) An assessment for each employee identified 
in paragraph (1) to determine at what grade and 
step each effected employee would be at on October 
1, 2020, had that employee been promoted according 
to the average promotion timeframe for participants 
hired in the five-year period prior to the suspension. 
(4) An evaluation of existing authorities avail-
able to the Secretary to determine whether the Sec-
retary can take measures using those authorities to 
provide the pay difference and corresponding inter-
est, at a rate of the federal short–term interest rate 
plus 3 percent, to each effected employee identified 
in paragraph (2) and directly promote the employee 
to the grade and step identified in paragraph (3). 
(c) REPORT.—The Secretary shall submit to the con-
gressional defense committees a report on the results of 
the evaluation by not later than June 1, 2020, and shall 
provide interim briefings upon request. 
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SEC. 1119. REIMBURSEMENT FOR FEDERAL, STATE, AND 
LOCAL INCOME TAXES INCURRED DURING 
TRAVEL, TRANSPORTATION, AND RELOCA-
TION. 
(a) IN GENERAL.—Section 5724b of title 5, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘of em-
ployees transferred’’; 
(2) in subsection (a)— 
(A) in the first sentence, by striking ‘‘em-
ployee, or by an employee and such employee’s 
spouse (if filing jointly), for any moving or stor-
age’’ and inserting ‘‘individual, or by an indi-
vidual and such individual’s spouse (if filing 
jointly), for any travel, transportation, or relo-
cation’’; and 
(B) in the second sentence, by striking 
‘‘employee’’ and inserting ‘‘individual, or the in-
dividual’’; and 
(3) by striking subsection (b) and inserting the 
following: 
‘‘(b) For purposes of this section, the term ‘travel, 
transportation, or relocation expenses’ means all travel, 
transportation, or relocation expenses reimbursed or fur-
nished in kind pursuant to this subchapter.’’. 
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(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 57 of title 5, United 
States Code, is amended by striking the item relating to 
section 5724b and inserting the following: 
‘‘5724b. Taxes on reimbursements for travel, transportation, and relocation ex-
penses’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall— 
(1) take effect on the date of the enactment of 
this Act; and 
(2) apply to travel, transportation, or relocation 
expenses incurred on or after that date. 
SEC. 1120. CLARIFICATION OF LIMITATION ON EXPEDITED 
HIRING AUTHORITY FOR POST-SECONDARY 
STUDENTS. 
Section 3116(d)(1) of title 5, United States Code, is 
amended to read as follows: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the total number of students that the 
head of an agency may appoint under this section 
during a fiscal year may not exceed the number 
equal to 15 percent of the number of students that 
the agency head appointed during the previous fiscal 
year to a position at the GS–11 level, or an equiva-
lent level, or below.’’. 
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Subtitle B—Paid Family Leave for 
Federal Personnel 
SEC. 1121. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Employee 
Paid Leave Act’’. 
SEC. 1122. PAID FAMILY LEAVE FOR FEDERAL EMPLOYEES 
COVERED BY TITLE 5. 
(a) IN GENERAL.—Subsection (c) of section 6382 of 
title 5, United States Code, is amended to read as follows: 
‘‘(c)(1) Leave granted under subsection (a) shall be 
paid leave. 
‘‘(2)(A) An employee may elect to substitute for any 
leave under such subsection any other paid leave which 
is available to such employee for that purpose. 
‘‘(B) Subparagraph (A) shall not be construed to re-
quire that an employee first use all or any portion of the 
other paid leave described in such subparagraph before 
being allowed to use leave under subsection (a). 
‘‘(3) Leave under subsection (a)— 
‘‘(A) shall be payable from any appropriation or 
fund available for salaries or expenses for positions 
within the employing agency; 
‘‘(B) shall not be considered to be annual or va-
cation leave for purposes of section 5551 or 5552 or 
for any other purpose; and 
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‘‘(C) if not used by the employee before the end 
of the 12-month period (as referred to in subsection 
(a)(1)) to which it relates, shall not accumulate for 
any subsequent use. 
‘‘(4) The Director of the Office of Personnel Manage-
ment— 
‘‘(A) may promulgate regulations to increase 
the amount of leave available to an employee under 
subsection (a) to a total of not more than 16 admin-
istrative workweeks, based on the consideration of— 
‘‘(i) the benefits provided to the Federal 
Government of increasing such leave, including 
enhanced recruitment and retention of employ-
ees; 
‘‘(ii) the cost to the Federal Government of 
increasing the amount of such leave that is 
available to employees; 
‘‘(iii) trends in the private sector and in 
State and local governments with respect to of-
fering such leave; 
‘‘(iv) the Federal Government’s role as a 
model employer; 
‘‘(v) the impact of increased leave under 
subsection (a) on lower-income and economi-
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cally disadvantaged employees and their chil-
dren; and 
‘‘(vi) such other factors as the Director 
considers necessary; and 
‘‘(B) shall prescribe any regulations necessary 
to carry out this subsection, including the manner in 
which an employee may designate any day or other 
period as to which such employee wishes to use leave 
under subsection (a).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall not be effective with respect to any birth 
or placement occurring before October 1, 2020. 
SEC. 1123. PAID FAMILY LEAVE FOR CONGRESSIONAL EM-
PLOYEES. 
(a) AMENDMENTS
TO CONGRESSIONAL ACCOUNT-
ABILITY ACT.—Section 202 of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1312) is amended— 
(1) in subsection (a)(1), by adding at the end 
the following: ‘‘In applying section 102(a)(1) of such 
Act to covered employees, subsection (d) shall 
apply.’’; 
(2) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(3) by inserting after subsection (c) the fol-
lowing: 
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‘‘(d) SPECIAL RULE FOR PAID FAMILY LEAVE FOR 
CONGRESSIONAL EMPLOYEES.— 
‘‘(1) IN GENERAL.—Any leave taken by a cov-
ered employee under section 102(a)(1) of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1)) shall be paid leave. 
‘‘(2) AMOUNT OF PAID LEAVE.—The paid leave 
that is available to a covered employee for purposes 
of paragraph (1) is— 
‘‘(A) the number of weeks of paid family 
leave in connection with the birth or placement 
involved that correspond to the number of ad-
ministrative workweeks of paid family leave 
available to Federal employees under section 
6382(d)(3)(A) of title 5, United States Code; 
and 
‘‘(B) any additional paid vacation or sick 
leave provided by the employing office to such 
employee. 
‘‘(3) SUBSTITUTION.—An employee may elect 
to substitute for any leave under such section 
102(a)(1) any other paid leave which is available to 
such employee for that purpose. The previous sen-
tence shall not be construed to require that an em-
ployee first use all or any portion of the other paid 
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leave before being allowed to use the paid family 
leave described in this subsection. 
‘‘(4) ADDITIONAL
RULES.—Paid family leave 
under this subsection— 
‘‘(A) shall be payable from any appropria-
tion or fund available for salaries or expenses 
for positions within the employing office; and 
‘‘(B) if not used by the covered employee 
before the end of the 12-month period (as re-
ferred to in section 102(a)(1) of the Family and 
Medical Leave Act of 1993 (29 U.S.C. 
2612(a)(1))) to which it relates, shall not accu-
mulate for any subsequent use.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall not be effective with respect to any birth 
or placement occurring before October 1, 2020. 
SEC. 1124. CONFORMING AMENDMENT TO FAMILY AND 
MEDICAL LEAVE ACT FOR GAO EMPLOYEES. 
(a) AMENDMENT TO FAMILY AND MEDICAL LEAVE 
ACT OF 1993.—Section 102(d) of the Family and Medical 
Leave Act of 1993 (29 U.S.C. 2612(d)) is amended by 
adding at the end the following: 
‘‘(3) SPECIAL RULE FOR GAO EMPLOYEES.— 
‘‘(A) IN GENERAL.—Any leave under sub-
section (a)(1) taken by an employee of the Gov-
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ernment Accountability Office shall be paid 
leave. 
‘‘(B) AMOUNT OF PAID LEAVE.—The paid 
leave that is available to such an employee for 
purposes of subparagraph (A) is— 
‘‘(i) the number of weeks of paid fam-
ily leave in connection with the birth or 
placement involved that correspond to the 
number of administrative workweeks of 
paid family leave available to Federal em-
ployees under section 6382(d)(3)(A) of 
title 5, United States Code; and 
‘‘(ii) any additional paid vacation or 
sick leave provided by such employer. 
‘‘(C) SUBSTITUTION.—An employee may 
elect to substitute for any leave under sub-
section (a)(1) any other paid leave which is 
available to such employee for that purpose. 
The previous sentence shall not be construed to 
require that an employee first use all or any 
portion of the other paid leave before being al-
lowed to use the paid family leave described in 
this subsection. 
‘‘(D) ADDITIONAL
RULES.—Paid family 
leave under subsection (a)(1)— 
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‘‘(i) shall be payable from any appro-
priation or fund available for salaries or 
expenses for positions with the Government 
Accountability Office; and 
‘‘(ii) if not used by the employee of 
such employer before the end of the 12- 
month period (as referred to in subsection 
(a)(1)) to which it relates, shall not accu-
mulate for any subsequent use.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall not be effective with respect to any birth 
or placement occurring before October 1, 2020. 
SEC. 1125. CLARIFICATION FOR MEMBERS OF THE NA-
TIONAL GUARD AND RESERVES. 
(a) EXECUTIVE BRANCH EMPLOYEES.—For pur-
poses of determining the eligibility of an employee who is 
a member of the National Guard or Reserves to take leave 
under section 6382(a) of title 5, United States Code, or 
to substitute such leave pursuant to paragraph (2) of such 
section (as added by section 1122), any service by such 
employee on active duty (as defined in section 6381(7) of 
such title) shall be counted as service as an employee for 
purposes of section 6381(1)(B) of such title. 
(b) CONGRESSIONAL EMPLOYEES.—For purposes of 
determining the eligibility of a covered employee (as such 
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term is defined in section 101(3) of the Congressional Ac-
countability Act) who is a member of the National Guard 
or Reserves to take leave under section 102(a)(1) of the 
Family and Medical Leave Act of 1993 (pursuant to sec-
tion 202(a)(1) of the Congressional Accountability Act), 
or to substitute such leave pursuant to subsection (d) of 
section 202 of such Act (as added by section 1123), any 
service by such employee on active duty (as defined in sec-
tion 101(14) of the Family and Medical Leave Act of 
1993) shall be counted as time during which such em-
ployee has been employed in an employing office for pur-
poses of section 202(a)(2)(B) of the Congressional Ac-
countability Act. 
(c) GAO EMPLOYEES.—For purposes of determining 
the eligibility of an employee of the Government Account-
ability Office who is a member of the National Guard or 
Reserves to take leave under section 102(a)(1) of the 
Family and Medical Leave Act of 1993, or to substitute 
such leave pursuant to paragraph (3) of section 102(d) 
of such Act (as added by section 1124), any service by 
such employee on active duty (as defined in section 
101(14) of such Act) shall be counted as time during 
which such employee has been employed for purposes of 
section 101(2)(A) of such Act. 
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SEC. 1126. CONFORMING AMENDMENT FOR CERTAIN TSA 
EMPLOYEES. 
Section 111(d)(2) of the Aviation and Transportation 
Security Act (49 U.S.C. 44935 note) is amended to read 
as follows: 
‘‘(2) EXCEPTIONS.— 
‘‘(A) REEMPLOYMENT.—In carrying out 
the functions authorized under paragraph (1), 
the Under Secretary shall be subject to the pro-
visions set forth in chapter 43 of title 38, 
United States Code. 
‘‘(B) LEAVE.—The provisions of section 
6382(a)(1) of title 5, United States Code, and 
subsection (c) of such section shall apply to any 
individual appointed under paragraph (1).’’. 
Subtitle C—Limiting Use of Crimi-
nal History in Federal Hiring 
and Contracting 
SEC. 1131. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fair Chance to 
Compete for Jobs Act of 2019’’ or the ‘‘Fair Chance Act’’. 
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SEC. 1132. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 
PRIOR TO CONDITIONAL OFFER FOR FED-
ERAL EMPLOYMENT. 
(a) IN GENERAL.—Subpart H of part III of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 92—PROHIBITION ON CRIMI-
NAL HISTORY INQUIRIES PRIOR TO 
CONDITIONAL OFFER 
‘‘Sec. 
‘‘9201. Definitions. 
‘‘9202. Limitations on requests for criminal history record information. 
‘‘9203. Agency policies; complaint procedures. 
‘‘9204. Adverse action. 
‘‘9205. Procedures. 
‘‘9206. Rules of construction. 
‘‘§ 9201. Definitions 
‘‘In this chapter— 
‘‘(1) the term ‘agency’ means ‘Executive agen-
cy’ as such term is defined in section 105 and in-
cludes— 
‘‘(A) the United States Postal Service and 
the Postal Regulatory Commission; and 
‘‘(B) the Executive Office of the President; 
‘‘(2) the term ‘appointing authority’ means an 
employee in the executive branch of the Government 
of the United States that has authority to make ap-
pointments to positions in the civil service; 
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‘‘(3) the term ‘conditional offer’ means an offer 
of employment in a position in the civil service that 
is conditioned upon the results of a criminal history 
inquiry; 
‘‘(4) the term ‘criminal history record informa-
tion’— 
‘‘(A) except as provided in subparagraphs 
(B) and (C), has the meaning given the term in 
section 9101(a); 
‘‘(B) includes any information described in 
the first sentence of section 9101(a)(2) that has 
been sealed or expunged pursuant to law; and 
‘‘(C) includes information collected by a 
criminal justice agency, relating to an act or al-
leged act of juvenile delinquency, that is analo-
gous to criminal history record information (in-
cluding such information that has been sealed 
or expunged pursuant to law); and 
‘‘(5) the term ‘suspension’ has the meaning 
given the term in section 7501. 
‘‘§ 9202. Limitations on requests for criminal history 
record information 
‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.— 
Except as provided in subsections (b) and (c), an employee 
of an agency may not request, in oral or written form (in-
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cluding through the Declaration for Federal Employment 
(Office of Personnel Management Optional Form 306) or 
any similar successor form, the USAJOBS internet 
website, or any other electronic means) that an applicant 
for an appointment to a position in the civil service dis-
close criminal history record information regarding the ap-
plicant before the appointing authority extends a condi-
tional offer to the applicant. 
‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi-
tion under subsection (a) shall not apply with respect to 
an applicant for a position in the civil service if consider-
ation of criminal history record information prior to a con-
ditional offer with respect to the position is otherwise re-
quired by law. 
‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(1) IN GENERAL.—The prohibition under sub-
section (a) shall not apply with respect to an appli-
cant for an appointment to a position— 
‘‘(A) that requires a determination of eligi-
bility described in clause (i), (ii), or (iii) of sec-
tion 9101(b)(1)(A); 
‘‘(B) as a Federal law enforcement officer 
(as defined in section 115(c) of title 18); or 
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‘‘(C) identified by the Director of the Of-
fice of Personnel Management in the regula-
tions issued under paragraph (2). 
‘‘(2) REGULATIONS.— 
‘‘(A) ISSUANCE.—The Director of the Of-
fice of Personnel Management shall issue regu-
lations identifying additional positions with re-
spect to which the prohibition under subsection 
(a) shall not apply, giving due consideration to 
positions that involve interaction with minors, 
access to sensitive information, or managing fi-
nancial transactions. 
‘‘(B) COMPLIANCE
WITH
CIVIL
RIGHTS 
LAWS.—The regulations issued under subpara-
graph (A) shall— 
‘‘(i) be consistent with, and in no way 
supersede, restrict, or limit the application 
of title VII of the Civil Rights Act of 1964 
(42 U.S.C. 2000e et seq.) or other relevant 
Federal civil rights laws; and 
‘‘(ii) ensure that all hiring activities 
conducted pursuant to the regulations are 
conducted in a manner consistent with rel-
evant Federal civil rights laws. 
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‘‘§ 9203. Agency policies; complaint procedures 
‘‘The Director of the Office of Personnel Manage-
ment shall— 
‘‘(1) develop, implement, and publish a policy to 
assist employees of agencies in complying with sec-
tion 9202 and the regulations issued pursuant to 
such section; and 
‘‘(2) establish and publish procedures under 
which an applicant for an appointment to a position 
in the civil service may submit a complaint, or any 
other information, relating to compliance by an em-
ployee of an agency with section 9202. 
‘‘§ 9204. Adverse action 
‘‘(a) FIRST VIOLATION.—If the Director of the Office 
of Personnel Management determines, after notice and an 
opportunity for a hearing on the record, that an employee 
of an agency has violated section 9202, the Director 
shall— 
‘‘(1) issue to the employee a written warning 
that includes a description of the violation and the 
additional penalties that may apply for subsequent 
violations; and 
‘‘(2) file such warning in the employee’s official 
personnel record file. 
‘‘(b) SUBSEQUENT VIOLATIONS.—If the Director of 
the Office of Personnel Management determines, after no-
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tice and an opportunity for a hearing on the record, that 
an employee that was subject to subsection (a) has com-
mitted a subsequent violation of section 9202, the Director 
may take the following action: 
‘‘(1) For a second violation, suspension of the 
employee for a period of not more than 7 days. 
‘‘(2) For a third violation, suspension of the 
employee for a period of more than 7 days. 
‘‘(3) For a fourth violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $250. 
‘‘(4) For a fifth violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $500. 
‘‘(5) For any subsequent violation— 
‘‘(A) suspension of the employee for a pe-
riod of more than 7 days; and 
‘‘(B) a civil penalty against the employee 
in an amount that is not more than $1,000. 
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‘‘§ 9205. Procedures 
‘‘(a) APPEALS.—The Director of the Office of Per-
sonnel Management shall by rule establish procedures pro-
viding for an appeal from any adverse action taken under 
section 9204 by not later than 30 days after the date of 
the action. 
‘‘(b) APPLICABILITY OF OTHER LAWS.—An adverse 
action taken under section 9204 (including a determina-
tion in an appeal from such an action under subsection 
(a) of this section) shall not be subject to— 
‘‘(1) the procedures under chapter 75; or 
‘‘(2) except as provided in subsection (a) of this 
section, appeal or judicial review. 
‘‘§ 9206. Rules of construction 
‘‘Nothing in this chapter may be construed to— 
‘‘(1) authorize any officer or employee of an 
agency to request the disclosure of information de-
scribed under subparagraphs (B) and (C) of section 
9201(4); or 
‘‘(2) create a private right of action for any 
person.’’. 
(b) REGULATIONS; EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 year after 
the date of enactment of this subtitle, the Director 
of the Office of Personnel Management shall issue 
such regulations as are necessary to carry out chap-
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ter 92 of title 5, United States Code (as added by 
this subtitle). 
(2) EFFECTIVE DATE.—Section 9202 of title 5, 
United States Code (as added by this subtitle), shall 
take effect on the date that is 2 years after the date 
of enactment of this subtitle. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part III of title 5, United States 
Code, is amended by inserting after the item relating to 
chapter 91 the following: 
‘‘92. Prohibition on criminal history inquiries prior to 
conditional offer .................................................... 9201’’. 
(d) APPLICATION TO LEGISLATIVE BRANCH.— 
(1) IN GENERAL.—The Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) is 
amended— 
(A) in section 102(a) (2 U.S.C. 1302(a)), 
by adding at the end the following: 
‘‘(12) Section 9202 of title 5, United States 
Code.’’; 
(B) by redesignating section 207 (2 U.S.C. 
1317) as section 208; and 
(C) by inserting after section 206 (2 
U.S.C. 1316) the following new section: 
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‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI-
NAL HISTORY INQUIRIES. 
‘‘(a) DEFINITIONS.—In this section, the terms ‘agen-
cy’, ‘criminal history record information’, and ‘suspension’ 
have the meanings given the terms in section 9201 of title 
5, United States Code, except as otherwise modified by 
this section. 
‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an employee of an employing 
office may not request that an applicant for em-
ployment as a covered employee disclose crimi-
nal history record information if the request 
would be prohibited under section 9202 of title 
5, United States Code, if made by an employee 
of an agency. 
‘‘(B) CONDITIONAL OFFER.—For purposes 
of applying that section 9202 under subpara-
graph (A), a reference in that section 9202 to 
a conditional offer shall be considered to be an 
offer of employment as a covered employee that 
is conditioned upon the results of a criminal 
history inquiry. 
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‘‘(2) RULES
OF
CONSTRUCTION.—The provi-
sions of section 9206 of title 5, United States Code, 
shall apply to employing offices, consistent with reg-
ulations issued under subsection (d). 
‘‘(c) REMEDY.— 
‘‘(1) IN GENERAL.—The remedy for a violation 
of subsection (b)(1) shall be such remedy as would 
be appropriate if awarded under section 9204 of title 
5, United States Code, if the violation had been 
committed by an employee of an agency, consistent 
with regulations issued under subsection (d), except 
that the reference in that section to a suspension 
shall be considered to be a suspension with the level 
of compensation provided for a covered employee 
who is taking unpaid leave under section 202. 
‘‘(2) PROCESS
FOR
OBTAINING
RELIEF.—An 
applicant for employment as a covered employee who 
alleges a violation of subsection (b)(1) may rely on 
the provisions of title IV (other than section 407 or 
408, or a provision of this title that permits a per-
son to obtain a civil action or judicial review), con-
sistent with regulations issued under subsection (d). 
‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Fair Chance to 
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Compete for Jobs Act of 2019, the Board shall, pur-
suant to section 304, issue regulations to implement 
this section. 
‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 
The regulations issued under paragraph (1) shall be 
the same as substantive regulations issued by the 
Director of the Office of Personnel Management 
under section 2(b)(1) of the Fair Chance to Com-
pete for Jobs Act of 2019 to implement the statu-
tory provisions referred to in subsections (a) through 
(c) except to the extent that the Board may deter-
mine, for good cause shown and stated together with 
the regulation, that a modification of such regula-
tions would be more effective for the implementation 
of the rights and protections under this section. 
‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and 
subsections (a) through (c) shall take effect on the date 
on which section 9202 of title 5, United States Code, ap-
plies with respect to agencies.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) The table of contents in section 1(b) of 
the Congressional Accountability Act of 1995 
(Public Law 104–1; 109 Stat. 3) is amended— 
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(i) by redesignating the item relating 
to section 207 as the item relating to sec-
tion 208; and 
(ii) by inserting after the item relating 
to section 206 the following new item: 
‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 
(B) Section 62(e)(2) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘or 
207’’ and inserting ‘‘207, or 208’’. 
(e) APPLICATION TO JUDICIAL BRANCH.— 
(1) IN
GENERAL.—Section 604 of title 28, 
United States Code, is amended by adding at the 
end the following: 
‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the terms ‘agency’ and ‘criminal his-
tory record information’ have the meanings 
given those terms in section 9201 of title 5; 
‘‘(B) the term ‘covered employee’ means an 
employee of the judicial branch of the United 
States Government, other than— 
‘‘(i) any judge or justice who is enti-
tled to hold office during good behavior; 
‘‘(ii) a United States magistrate 
judge; or 
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‘‘(iii) a bankruptcy judge; and 
‘‘(C) the term ‘employing office’ means any 
office or entity of the judicial branch of the 
United States Government that employs covered 
employees. 
‘‘(2) RESTRICTION.—A covered employee may 
not request that an applicant for employment as a 
covered employee disclose criminal history record in-
formation if the request would be prohibited under 
section 9202 of title 5 if made by an employee of an 
agency. 
‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT 
PROCEDURE.—The provisions of sections 9203 and 
9206 of title 5 shall apply to employing offices and 
to applicants for employment as covered employees, 
consistent with regulations issued by the Director to 
implement this subsection. 
‘‘(4) ADVERSE ACTION.— 
‘‘(A) ADVERSE
ACTION.—The Director 
may take such adverse action with respect to a 
covered employee who violates paragraph (2) as 
would be appropriate under section 9204 of 
title 5 if the violation had been committed by 
an employee of an agency. 
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‘‘(B) APPEALS.—The Director shall by 
rule establish procedures providing for an ap-
peal from any adverse action taken under sub-
paragraph (A) by not later than 30 days after 
the date of the action. 
‘‘(C) APPLICABILITY OF OTHER LAWS.— 
Except as provided in subparagraph (B), an ad-
verse action taken under subparagraph (A) (in-
cluding a determination in an appeal from such 
an action under subparagraph (B)) shall not be 
subject to appeal or judicial review. 
‘‘(5) REGULATIONS TO BE ISSUED.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of the Fair 
Chance to Compete for Jobs Act of 2019, the 
Director shall issue regulations to implement 
this subsection. 
‘‘(B) PARALLEL
WITH
AGENCY
REGULA-
TIONS.—The regulations issued under subpara-
graph (A) shall be the same as substantive reg-
ulations promulgated by the Director of the Of-
fice of Personnel Management under section 
2(b)(1) of the Fair Chance to Compete for Jobs 
Act of 2019 except to the extent that the Direc-
tor of the Administrative Office of the United 
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States Courts may determine, for good cause 
shown and stated together with the regulation, 
that a modification of such regulations would be 
more effective for the implementation of the 
rights and protections under this subsection. 
‘‘(6) 
EFFECTIVE
DATE.—Paragraphs 
(1) 
through (4) shall take effect on the date on which 
section 9202 of title 5 applies with respect to agen-
cies.’’. 
SEC. 1133. PROHIBITION ON CRIMINAL HISTORY INQUIRIES 
BY CONTRACTORS PRIOR TO CONDITIONAL 
OFFER. 
(a) CIVILIAN AGENCY CONTRACTS.— 
(1) IN
GENERAL.—Chapter 47 of title 41, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 4714. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an executive agency— 
‘‘(A) may not require that an individual or 
sole proprietor who submits a bid for a contract 
to disclose criminal history record information 
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regarding that individual or sole proprietor be-
fore determining the apparent awardee; and 
‘‘(B) shall require, as a condition of receiv-
ing a Federal contract and receiving payments 
under such contract that the contractor may 
not verbally, or through written form, request 
the disclosure of criminal history record infor-
mation regarding an applicant for a position re-
lated to work under such contract before the 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory record information prior to a conditional offer 
with respect to the position is otherwise required by 
law. 
‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(A) IN GENERAL.—The prohibition under 
paragraph (1) does not apply with respect to— 
‘‘(i) a contract that requires an indi-
vidual hired under the contract to access 
classified information or to have sensitive 
law enforcement or national security du-
ties; or 
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‘‘(ii) a position that the Administrator 
of General Services identifies under the 
regulations issued under subparagraph 
(B). 
‘‘(B) REGULATIONS.— 
‘‘(i) ISSUANCE.—Not later than 16 
months after the date of enactment of the 
Fair Chance to Compete for Jobs Act of 
2019, the Administrator of General Serv-
ices, in consultation with the Secretary of 
Defense, shall issue regulations identifying 
additional positions with respect to which 
the prohibition under paragraph (1) shall 
not apply, giving due consideration to posi-
tions that involve interaction with minors, 
access to sensitive information, or man-
aging financial transactions. 
‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS 
LAWS.—The 
regulations 
issued 
under 
clause (i) shall— 
‘‘(I) be consistent with, and in no 
way supersede, restrict, or limit the 
application of title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e 
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et seq.) or other relevant Federal civil 
rights laws; and 
‘‘(II) ensure that all hiring activi-
ties conducted pursuant to the regula-
tions are conducted in a manner con-
sistent with relevant Federal civil 
rights laws. 
‘‘(b) COMPLAINT PROCEDURES.—The Administrator 
of General Services shall establish and publish procedures 
under which an applicant for a position with a Federal 
contractor may submit to the Administrator a complaint, 
or any other information, relating to compliance by the 
contractor with subsection (a)(1)(B). 
‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST VIOLATION.—If the head of an exec-
utive agency determines that a contractor has vio-
lated subsection (a)(1)(B), such head shall— 
‘‘(A) notify the contractor; 
‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
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tion and the additional remedies that may apply 
for subsequent violations. 
‘‘(2) SUBSEQUENT VIOLATION.—If the head of 
an executive agency determines that a contractor 
that was subject to paragraph (1) has committed a 
subsequent violation of subsection (a)(1)(B), such 
head shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
‘‘(A) providing written guidance to the 
contractor that the contractor’s eligibility for 
contracts requires compliance with this section; 
‘‘(B) requiring that the contractor respond 
within 30 days affirming that the contractor is 
taking steps to comply with this section; and 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
ered until the contractor demonstrates compli-
ance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
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sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 47 of title 41, United States Code, 
is amended by adding at the end the following new 
item: 
‘‘4714. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(3) EFFECTIVE DATE.—Section 4714 of title 
41, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed in section 1122(b)(2) of this subtitle. 
(b) DEFENSE CONTRACTS.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2338 the following new section: 
‘‘§ 2339. Prohibition on criminal history inquiries by 
contractors prior to conditional offer 
‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR-
IES.— 
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‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the head of an agency— 
‘‘(A) may not require that an individual or 
sole proprietor who submits a bid for a contract 
to disclose criminal history record information 
regarding that individual or sole proprietor be-
fore determining the apparent awardee; and 
‘‘(B) shall require as a condition of receiv-
ing a Federal contract and receiving payments 
under such contract that the contractor may 
not verbally or through written form request 
the disclosure of criminal history record infor-
mation regarding an applicant for a position re-
lated to work under such contract before such 
contractor extends a conditional offer to the ap-
plicant. 
‘‘(2) OTHERWISE
REQUIRED
BY
LAW.—The 
prohibition under paragraph (1) does not apply with 
respect to a contract if consideration of criminal his-
tory record information prior to a conditional offer 
with respect to the position is otherwise required by 
law. 
‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 
‘‘(A) IN GENERAL.—The prohibition under 
paragraph (1) does not apply with respect to— 
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‘‘(i) a contract that requires an indi-
vidual hired under the contract to access 
classified information or to have sensitive 
law enforcement or national security du-
ties; or 
‘‘(ii) a position that the Secretary of 
Defense identifies under the regulations 
issued under subparagraph (B). 
‘‘(B) REGULATIONS.— 
‘‘(i) ISSUANCE.—Not later than 16 
months after the date of enactment of the 
Fair Chance to Compete for Jobs Act of 
2019, the Secretary of Defense, in con-
sultation with the Administrator of Gen-
eral Services, shall issue regulations identi-
fying additional positions with respect to 
which the prohibition under paragraph (1) 
shall not apply, giving due consideration to 
positions that involve interaction with mi-
nors, access to sensitive information, or 
managing financial transactions. 
‘‘(ii) COMPLIANCE WITH CIVIL RIGHTS 
LAWS.—The 
regulations 
issued 
under 
clause (i) shall— 
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‘‘(I) be consistent with, and in no 
way supersede, restrict, or limit the 
application of title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e 
et seq.) or other relevant Federal civil 
rights laws; and 
‘‘(II) ensure that all hiring activi-
ties conducted pursuant to the regula-
tions are conducted in a manner con-
sistent with relevant Federal civil 
rights laws. 
‘‘(b) COMPLAINT PROCEDURES.—The Secretary of 
Defense shall establish and publish procedures under 
which an applicant for a position with a Department of 
Defense contractor may submit a complaint, or any other 
information, relating to compliance by the contractor with 
subsection (a)(1)(B). 
‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON 
CRIMINAL HISTORY INQUIRIES.— 
‘‘(1) FIRST
VIOLATION.—If the Secretary of 
Defense determines that a contractor has violated 
subsection (a)(1)(B), the Secretary shall— 
‘‘(A) notify the contractor; 
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‘‘(B) provide 30 days after such notifica-
tion for the contractor to appeal the determina-
tion; and 
‘‘(C) issue a written warning to the con-
tractor that includes a description of the viola-
tion and the additional remedies that may apply 
for subsequent violations. 
‘‘(2) SUBSEQUENT
VIOLATIONS.—If the Sec-
retary of Defense determines that a contractor that 
was subject to paragraph (1) has committed a sub-
sequent violation of subsection (a)(1)(B), the Sec-
retary shall notify the contractor, shall provide 30 
days after such notification for the contractor to ap-
peal the determination, and, in consultation with the 
relevant Federal agencies, may take actions, depend-
ing on the severity of the infraction and the contrac-
tor’s history of violations, including— 
‘‘(A) providing written guidance to the 
contractor that the contractor’s eligibility for 
contracts requires compliance with this section; 
‘‘(B) requiring that the contractor respond 
within 30 days affirming that the contractor is 
taking steps to comply with this section; and 
‘‘(C) suspending payment under the con-
tract for which the applicant was being consid-
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ered until the contractor demonstrates compli-
ance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) CONDITIONAL OFFER.—The term ‘condi-
tional offer’ means an offer of employment for a po-
sition related to work under a contract that is condi-
tioned upon the results of a criminal history inquiry. 
‘‘(2) CRIMINAL
HISTORY
RECORD
INFORMA-
TION.—The term ‘criminal history record informa-
tion’ has the meaning given that term in section 
9201 of title 5.’’. 
(2) EFFECTIVE DATE.—Section 2339(a) of title 
10, United States Code, as added by paragraph (1), 
shall apply with respect to contracts awarded pursu-
ant to solicitations issued after the effective date de-
scribed in section 1122(b)(2) of this subtitle. 
(3) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 137 of title 10, United States 
Code, is amended by inserting after the item relating 
to section 2338 the following new item: 
‘‘2339. Prohibition on criminal history inquiries by contractors prior to condi-
tional offer.’’. 
(c) REVISIONS TO FEDERAL ACQUISITION REGULA-
TION.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this subtitle, the Fed-
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eral Acquisition Regulatory Council shall revise the 
Federal Acquisition Regulation to implement section 
4714 of title 41, United States Code, and section 
2339 of title 10, United States Code, as added by 
this section. 
(2) CONSISTENCY WITH OFFICE OF PERSONNEL 
MANAGEMENT REGULATIONS.—The Federal Acquisi-
tion Regulatory Council shall revise the Federal Ac-
quisition Regulation under paragraph (1) to be con-
sistent with the regulations issued by the Director of 
the Office of Personnel Management under øsection 
1122(b)(1)¿ to the maximum extent practicable. The 
Council shall include together with such revision an 
explanation of any substantive modification of the 
Office of Personnel Management regulations, includ-
ing an explanation of how such modification will 
more effectively implement the rights and protec-
tions under this section. 
SEC. 1134. REPORT ON EMPLOYMENT OF INDIVIDUALS 
FORMERLY 
INCARCERATED 
IN 
FEDERAL 
PRISONS. 
(a) DEFINITION.—In this section, the term ‘‘covered 
individual’’— 
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(1) means an individual who has completed a 
term of imprisonment in a Federal prison for a Fed-
eral criminal offense; and 
(2) does not include an alien who is or will be 
removed from the United States for a violation of 
the immigration laws (as such term is defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101)). 
(b) STUDY AND REPORT REQUIRED.—The Director 
of the Bureau of Justice Statistics, in coordination with 
the Director of the Bureau of the Census, shall— 
(1) not later than 180 days after the date of 
enactment of this subtitle, design and initiate a 
study on the employment of covered individuals after 
their release from Federal prison, including by col-
lecting— 
(A) demographic data on covered individ-
uals, including race, age, and sex; and 
(B) data on employment and earnings of 
covered individuals who are denied employment, 
including the reasons for the denials; and 
(2) not later than 2 years after the date of en-
actment of this subtitle, and every 5 years there-
after, submit a report that does not include any per-
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sonally identifiable information on the study con-
ducted under paragraph (1) to— 
(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
(B) the Committee on Health, Education, 
Labor, and Pensions of the Senate; 
(C) the Committee on Oversight and Re-
form of the House of Representatives; and 
(D) the Committee on Education and 
Labor of the House of Representatives. 
TITLE XII—MATTERS RELATING 
TO FOREIGN NATIONS 
Subtitle A—Assistance and 
Training 
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPAC-
ITY OF FOREIGN SECURITY FORCES. 
(a) AUTHORITY.—Subsection (a)(7) of section 333 of 
title 10, United States Code, is amended by inserting ‘‘ex-
isting’’ before ‘‘international coalition operation’’. 
(b) NOTICE AND WAIT ON ACTIVITIES UNDER PRO-
GRAMS.—Subsection (e) of such section is amended by 
adding at the end the following: 
‘‘(9) In the case of a program described in sub-
section (a)(7), each of the following: 
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‘‘(A) A description of whether assistance 
under the program could be provided pursuant 
to other authorities under this title, the Foreign 
Assistance Act of 1961, or any other train and 
equip authorities of the Department of Defense. 
‘‘(B) An identification of each such author-
ity described in subparagraph (A).’’. 
SEC. 1202. MODIFICATION AND EXTENSION OF CROSS 
SERVICING AGREEMENTS FOR LOAN OF PER-
SONNEL PROTECTION AND PERSONNEL SUR-
VIVABILITY EQUIPMENT IN COALITION OPER-
ATIONS. 
Section 1207 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (10 U.S.C. 2342 note) is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) REPORTS TO CONGRESS.—If the authority pro-
vided under this section is exercised during a fiscal year, 
the Secretary of Defense shall, with the concurrence of 
the Secretary of State, submit to the appropriate commit-
tees of Congress a report on the exercise of such authority 
by not later than October 30 of the year in which such 
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fiscal year ends. Each report on the exercise of such au-
thority shall specify the recipient country of the equipment 
loaned, the type of equipment loaned, and the duration 
of the loan of such equipment.’’; and 
(3) in subsection (f), as redesignated, by strik-
ing ‘‘September 30, 2019’’ and inserting ‘‘December 
31, 2024’’. 
SEC. 1203. MODIFICATION OF QUARTERLY REPORT ON OB-
LIGATION AND EXPENDITURE OF FUNDS FOR 
SECURITY COOPERATION PROGRAMS AND 
ACTIVITIES. 
Section 381(b) of title 10, United States Code, is 
amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’. 
SEC. 1204. INTEGRATION OF GENDER PERSPECTIVES AND 
MEANINGFUL PARTICIPATION BY WOMEN IN 
SECURITY COOPERATION AUTHORITIES. 
Section 333(c)(3) of title 10, United States Code, is 
amended— 
(1) in the heading, by inserting ‘‘THE INTEGRA-
TION OF GENDER PERSPECTIVES AND MEANINGFUL 
PARTICIPATION BY WOMEN,’’ after ‘‘FUNDAMENTAL 
FREEDOMS,’’; and 
(2) in the text, by inserting ‘‘the integration of 
gender perspectives and meaningful participation by 
women,’’ after ‘‘fundamental freedoms,’’. 
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SEC. 1205. REPORT ON PARTICIPANTS IN SECURITY CO-
OPERATION TRAINING PROGRAMS AND RE-
CIPIENTS OF SECURITY ASSISTANCE TRAIN-
ING THAT HAVE BEEN DESIGNATED FOR 
HUMAN RIGHTS ABUSES OR TERRORIST AC-
TIVITIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of State 
and the Secretary of Defense, in consultation with the 
heads of other appropriate Federal departments and agen-
cies, shall submit to the appropriate congressional commit-
tees a report on individuals and units of security forces 
of foreign countries that— 
(1) have participated in security cooperation 
training programs or received security assistance 
training authorized under the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151 et seq.) or title 10, 
United States Code; and 
(2) at any time during the period beginning on 
January 1, 2009, and ending on the date of the en-
actment of this Act— 
(A) have been subject to United States 
sanctions relating to violations of human rights 
under any provision of law, including under— 
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(i) the Global Magnitsky Human 
Rights Accountability Act (22 U.S.C. 2656 
note); 
(ii) section 620M of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2378d); or 
(iii) section 362 of title 10, United 
States Code; or 
(B) have been subject to United States 
sanctions relating to terrorist activities under 
authorities provided in— 
(i) section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189); 
(ii) the National Emergencies Act (50 
U.S.C. 1601 et seq.); 
(iii) the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et 
seq.), other than sanctions on the importa-
tion of goods provided for under such Act; 
or 
(iv) any other provision of law. 
(b) UPDATE.—The Secretary of State and the Sec-
retary of Defense, in consultation with the heads of other 
appropriate Federal departments and agencies, shall sub-
mit to the appropriate congressional committees an annual 
update of the report required by subsection (a) on individ-
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uals and units of security forces of foreign countries 
that— 
(1) have participated in security cooperation 
training programs or received security assistance 
training authorized under the Foreign Assistance 
Act of 1961 (22 U.S.C. 2151 et seq.) or title 10, 
United States Code; and 
(2) at any time during the preceding year, any 
of the provisions of subparagraph (A) or (B) of sub-
section (a)(2) have applied with respect to such indi-
viduals or units. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
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(2) GOOD.—The term ‘‘good’’ means any arti-
cle, natural or man-made substance, material, supply 
or manufactured product, including inspection and 
test equipment, and excluding technical data. 
SEC. 1206. PLAN TO PROVIDE CONSISTENCY OF ADMINIS-
TRATION OF AUTHORITIES RELATING TO 
VETTING OF UNITS OF SECURITY FORCES OF 
FOREIGN COUNTRIES; MODIFICATION OF AS-
SESSMENT, MONITORING, AND EVALUATION 
OF SECURITY COOPERATION PROGRAMS AND 
ACTIVITIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
and Secretary of State shall jointly develop, implement, 
and submit to the congressional defense committees, the 
Committee on Foreign Relations of the Senate, and the 
Committee on Foreign Affairs of the House of Representa-
tives a plan to provide consistency in administration of 
section 362 of title 10, United States Code, and section 
620M of the Foreign Assistance Act of 1961 (22 U.S.C. 
2378d). 
(b) MATTERS TO BE INCLUDED.—The plan required 
by subsection (a) shall contain the following: 
(1) Common standards and procedures which 
shall be used by the Department of Defense and De-
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partment of State to obtain and verify information 
regarding the vetting of units of the security forces 
of foreign countries for gross violation of human 
rights under the authorities described in subsection 
(a), including— 
(A) public guidelines for external sources 
to report information; and 
(B) methods and criteria employed by the 
Department of Defense and Department of 
State to determine whether sources, source re-
porting, and allegations are credible. 
(2) Measures to ensure the Department of De-
fense has read-only access to the International Vet-
ting and Security Tracking (INVEST) system, and 
any successor or equivalent system. 
(3) Measures to ensure the authorities de-
scribed in subsection (a) are applied to any foreign 
forces, irregular forces, groups, and individuals that 
receive support from the United States military. 
(c) FORM.—The plan required by subsection (a) shall 
be submitted in unclassified form, but may include a clas-
sified annex. 
(d) INTEGRATION OF HUMAN RIGHTS AND CIVILIAN 
PROTECTION
INTO
ASSESSMENT, MONITORING, 
AND 
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EVALUATION
OF SECURITY COOPERATION PROGRAMS 
AND ACTIVITIES.— 
(1) REPORTS
REQUIRED.—The Secretary of 
Defense shall submit to the appropriate congres-
sional committees an interim report and a final re-
port on the steps the Secretary will take to incor-
porate partner units’ activities, as such activities re-
late to human rights and protection of civilians, into 
the program elements described in section 383(b)(1) 
of title 10, United States Code. 
(2) DEADLINES.— 
(A) INTERIM REPORT.—The interim report 
required under paragraph (1) shall be sub-
mitted to the appropriate congressional commit-
tees not later than 180 days after the date of 
the enactment of this Act and shall include a 
summary of the progress of the Secretary in 
implementing the steps described in such para-
graph. 
(B) FINAL REPORT.—The final report re-
quired under paragraph (1) shall be submitted 
to the appropriate congressional committees not 
later than one year after the date of enactment 
of this Act and shall specifically identify the ac-
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tions the Secretary took to implement the steps 
described in paragraph (1). 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means the fol-
lowing: 
(A) The Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
(B) The Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate. 
SEC. 1207. PROHIBITION ON USE OF FUNDS TO TRANSFER 
DEFENSE ARTICLES AND SERVICES TO AZER-
BAIJAN. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available to the Department 
of Defense for fiscal year 2020 may be used to transfer 
defense articles or services to Azerbaijan unless the Presi-
dent certifies to Congress that the transfer of such defense 
articles or services does not threaten civil aviation. 
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SEC. 1208. EXTENSION OF AUTHORITY FOR SUPPORT OF 
SPECIAL OPERATIONS FOR IRREGULAR WAR-
FARE. 
Section 1202(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 
Stat. 1639) is amended by striking ‘‘2020’’ and inserting 
‘‘2023’’. 
SEC. 1209. MULTINATIONAL REGIONAL SECURITY EDU-
CATION CENTER. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall provide to the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Armed Services and the Com-
mittee on Foreign Relations of the Senate a briefing on 
the utility and feasibility of establishing a multinational 
regional security education center, including as a satellite 
entity of the Daniel K. Inouye Asia-Pacific Center for Se-
curity Studies that is located in a member country of the 
Association for Southeast Asian Nations, to offer year- 
round training and educational courses to Southeast Asian 
and Indo-Pacific civilian and military security personnel 
to enhance engagement of territorial and maritime secu-
rity, transnational and asymmetric threats, and defense 
sector governance in the Indo-Pacific region. Training 
may also include English-language training, human rights 
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training, rule of law and legal studies, security governance 
and institution-building courses, and budget and procure-
ment training. 
(b) ELEMENTS OF BRIEFING.—The briefing required 
under subsection (a) shall include— 
(1) the objectives for establishing a multi-
national regional security center in the region; 
(2) the utility and feasibility of establishing 
such a center, including the benefits and challenges 
of doing so; 
(3) the resources required; 
(4) whether alternative centers and programs 
exist to provide the training and objectives specified 
in this provision; and 
(5) the manner in which such a center would 
improve and strengthen cooperation with partner 
countries of the Association for Southeast Asian Na-
tions. 
SEC. 1210. TRAINING FOR PARTICIPANTS IN PROFES-
SIONAL MILITARY EDUCATION PROGRAMS. 
Any foreign person participating in professional mili-
tary education programs authorized pursuant to section 
541 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2347) from funds authorized to be appropriated or other-
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wise made available by this Act shall also be required to 
participate in human rights training. 
SEC. 1210A. REPORT ON PLAN TO TRANSFER FUNDS IN 
CONNECTION WITH THE PROVISION OF SUP-
PORT UNDER SECTION 385 OF TITLE 10, 
UNITED STATES CODE. 
(a) IN GENERAL.—The Secretary of Defense shall 
submit to the appropriate congressional committees a re-
port on its plan to transfer funds in connection with the 
provision of support under section 385 of title 10, United 
States Code, for fiscal year 2020. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include— 
(1) a list of foreign assistance programs and ac-
tivities that should receive support under such au-
thority on a priority basis, including foreign assist-
ance programs and activities of the United States 
Agency for International Development and the De-
partment of State; and 
(2) a justification for providing such support to 
such programs and activities, including as to how 
such programs and activities relate to the National 
Security Strategy and National Military Strategy. 
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(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
Subtitle B—Matters Relating to 
Afghanistan and Pakistan 
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY 
FOR REIMBURSEMENT OF CERTAIN COALI-
TION NATIONS FOR SUPPORT PROVIDED TO 
UNITED STATES MILITARY OPERATIONS. 
(a) EXTENSION.—Subsection (a) of section 1233 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110– 181; 122 Stat. 393) is amended 
in the matter preceding paragraph (1) by striking ‘‘Octo-
ber 1, 2018, and ending on December 31, 2019’’ and in-
serting ‘‘October 1, 2019, and ending on December 31, 
2020’’. 
(b) MODIFICATION
TO
LIMITATION.—Subsection 
(d)(1) of such section is amended— 
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SEC. 1213. EXTENSION OF AUTHORITY TO TRANSFER DE-
FENSE ARTICLES AND PROVIDE DEFENSE 
SERVICES TO THE MILITARY AND SECURITY 
FORCES OF AFGHANISTAN. 
(a) EXTENSION OF AUTHORITY.—Subsection (h) of 
section 1222 of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1992) is amended by striking ‘‘December 31, 2020’’ and 
inserting ‘‘December 31, 2022’’. 
(b) EXCESS DEFENSE ARTICLES.—Subsection (i)(2) 
of such section is amended by striking ‘‘December 31, 
2020’’ each place it appears and inserting ‘‘December 31, 
2022’’. 
SEC. 1214. EXTENSION AND MODIFICATION OF AUTHORITY 
TO ACQUIRE PRODUCTS AND SERVICES PRO-
DUCED IN COUNTRIES ALONG A MAJOR 
ROUTE OF SUPPLY TO AFGHANISTAN. 
(a) TERMINATION OF AUTHORITY.—Subsection (f) of 
section 801 of the National Defense Authorization Act for 
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399) 
is amended by striking ‘‘December 31, 2019’’ and insert-
ing ‘‘December 31, 2021’’. 
(b) REPORT ON AUTHORITY.—Such section, as so 
amended, is further amended by adding at the end the 
following: 
‘‘(g) REPORT ON AUTHORITY.— 
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‘‘(1) IN GENERAL.—Not later than March 1, 
2020, and March 1, 2021, the Secretary of Defense 
shall submit to the appropriate congressional com-
mittees a report on the use of the authority provided 
in subsection (a). The report shall address, at a min-
imum, the following: 
‘‘(A) The number of determinations made 
by the Secretary pursuant to subsection (b). 
‘‘(B) A description of the products and 
services acquired using the authority. 
‘‘(C) The extent to which the use of the 
authority has met the objectives of subpara-
graph (A), (B), or (C) of subsection (b)(2). 
‘‘(D) A list of the countries providing prod-
ucts or services as a result of a determination 
made pursuant to subsection (b). 
‘‘(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—For purposes of this subsection, 
the term ‘appropriate congressional committees’ 
means— 
‘‘(A) the congressional defense committees; 
and 
‘‘(B) the Committee on Foreign Affairs of 
the House of Representatives and the Com-
mittee on Foreign Relations of the Senate.’’. 
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SEC. 1215. AUTHORITY FOR CERTAIN PAYMENTS TO RE-
DRESS INJURY AND LOSS IN AFGHANISTAN, 
IRAQ, SYRIA, SOMALIA, LIBYA, AND YEMEN. 
(a) AUTHORITY.—During the period beginning on the 
date of the enactment of this Act and ending on December 
31, 2020, not more than $5,000,000, to be derived from 
funds authorized to be appropriated to the Office of the 
Secretary of Defense under the Operation and Mainte-
nance, Defense-wide account, may be made available for 
ex gratia payments for damage, personal injury, or death 
that is incident to combat operations of the United States 
Armed Forces in Afghanistan, Iraq, Syria, Somalia, 
Libya, and Yemen. 
(b) QUARTERLY REPORT.—Not later than 90 days 
after the date of the enactment of this Act, and every 90 
days thereafter, the Secretary of Defense shall submit to 
the congressional defense committees a report including 
the following: 
(1) With respect to each ex gratia payment 
made under the authority in this subsection or any 
other authority during the preceding 90-day period, 
each of the following: 
(A) The amount used for such payments. 
(B) The manner in which claims for such 
payments were verified. 
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(C) The officers or officials authorized to 
approve claims for payments. 
(D) The manner in which payments are 
made. 
(2) With respect to a preceding 90-day period 
in which no ex gratia payments were made— 
(A) whether any such payment was re-
fused, along with the reason for such refusal; or 
(B) any other reason for which no such 
payments were made. 
(c) AUTHORITIES APPLICABLE TO PAYMENT.—Any 
payment made pursuant to this subsection shall be made 
in accordance with the authorities and limitations in sec-
tion 8121 of the Department of Defense Appropriations 
Act, 2015 (division C of Public Law 113–235), other than 
subsection (h) of such section. 
SEC. 1216. EXTENSION OF SEMIANNUAL REPORT ON EN-
HANCING SECURITY AND STABILITY IN AF-
GHANISTAN. 
Section 1225 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558) 
is amended— 
(1) in subsection (a)— 
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(A) in paragraph (2), by striking ‘‘Decem-
ber 15, 2020’’ and inserting ‘‘December 15, 
2022’’; and 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) FORM.—Each report required under para-
graph (1) shall be submitted in unclassified form 
without any designation relating to dissemination 
control, but may include a classified annex.’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘, to include the progress 
of the Government of Afghanistan on securing 
Afghan territory and population,’’ after ‘‘the 
current security conditions in Afghanistan’’; 
(B) by striking ‘‘and the Haqqani Net-
work’’ and inserting ‘‘the Haqqani Network, 
and the Islamic State of Iraq and Syria 
Khorasan’’; and 
(C) by adding at the end the following: 
‘‘(9) MONITORING AND EVALUATION MEASURES 
RELATING
TO
ASFF.—A description of the moni-
toring and evaluation measures that the Department 
of Defense and the Government of Afghanistan are 
taking to ensure that funds of the Afghanistan Secu-
rity Forces Fund provided to the Government of Af-
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ghanistan as direct government-to-government as-
sistance are not subject to waste, fraud, or abuse.’’. 
SEC. 1217. SPECIAL IMMIGRANT VISA PROGRAM REPORT-
ING REQUIREMENT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Inspector General 
of the Department of State shall submit a report, which 
may contain a classified annex, to— 
(1) the Committee on the Judiciary, the Com-
mittee on Foreign Relations, and the Committee on 
Armed Services of the Senate; and 
(2) the Committee on the Judiciary, the Com-
mittee on Foreign Affairs, and the Committee on 
Armed Services of the House of Representatives. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall evaluate the obstacles to effective protec-
tion of Afghan and Iraqi allies through the special immi-
grant visa programs and suggestions for improvements in 
future programs, including information relating to— 
(1) the hiring of locally employed staff and con-
tractors; 
(2) documenting the identity and employment 
of locally employed staff and contractors of the 
United States Government, including the possibility 
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of establishing a central database of employees of 
the United States Government and its contractors; 
(3) the protection and safety of employees of lo-
cally employed staff and contractors; 
(4) means of expediting processing at all stages 
of the process for applicants, including consideration 
of reducing required forms; 
(5) appropriate staffing levels for expedited 
processing domestically and abroad; 
(6) the effect of uncertainty of visa availability 
on visa processing; 
(7) the cost and availability of medical examina-
tions; and 
(8) means to reduce delays in interagency proc-
essing and security checks. 
(c) CONSULTATION.—In preparing the report under 
subsection (a), the Inspector General shall consult with 
current and, to the extent possible, former employees of— 
(1) the Department of State, Bureau of Con-
sular Affairs, Visa Office; 
(2) the Department of State, Bureau of Near 
Eastern Affairs and South and Central Asian Af-
fairs, Executive Office; 
(3) the United States embassy in Kabul, Af-
ghanistan, Consular Section; 
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(4) the United States embassy in Baghdad, 
Iraq, Consular Section; 
(5) the Department of Homeland Security, U.S. 
Citizenship and Immigration Services; 
(6) the Department of Defense; and 
(7) non-governmental organizations providing 
legal aid in the special immigrant visa application 
process. 
SEC. 1218. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN 
PEACE NEGOTIATIONS. 
As part of any activities of the Department of De-
fense relating to the ongoing peace process in Afghanistan, 
the Secretary of Defense, in coordination with the Sec-
retary of State, shall seek to ensure the meaningful par-
ticipation of Afghan women in that process in a manner 
consistent with the Women, Peace, and Security Act of 
2017 (22 U.S.C. 2152j et seq.), including through advo-
cacy for the inclusion of Afghan women leaders in ongoing 
and future negotiations to end the conflict in Afghanistan. 
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Subtitle C—Matters Relating to 
Syria, Iraq, and Iran 
SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE AS-
SISTANCE TO COUNTER THE ISLAMIC STATE 
OF IRAQ AND SYRIA. 
(a) LIMITATION ON AVAILABILITY OF AUTHORITY.— 
Of the amounts made available for fiscal year 2020 pursu-
ant to the authorization in section 1236 of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Au-
thorization Act for Fiscal Year 2015 (Public Law 113– 
291; 128 Stat. 3558), as amended by this section, not 
more than 70 percent may be obligated or expended until 
the date on which the Secretary of Defense submits to 
the congressional defense committees, the Committee on 
Foreign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate a report 
in unclassified form, that may include a classified annex, 
that includes each of the following: 
(1) Any updates to or changes in the plan, 
strategy, process, vetting requirements and process 
as described in subsection (e) of such section 1236, 
and end-use monitoring mechanisms and procedures. 
(2) A description of how attacks against United 
States or coalition personnel are being mitigated, 
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statistics on any such attacks, including ‘‘green-on- 
blue’’ attacks. 
(3) A description of the forces receiving assist-
ance authorized under subsection (a) of such section 
1236. 
(4) A description of the recruitment, through-
put, and retention rates of recipients and equipment. 
(5) A description of any misuse or loss of pro-
vided equipment and how such misuse or loss is 
being mitigated. 
(6) An assessment of the operational effective-
ness of the forces receiving assistance authorized 
under subsection (a) of such section 1236. 
(7) A description of sustainment support pro-
vided to the forces authorized under subsection (a) 
of such section 1236. 
(8) A list of new projects for construction, re-
pair, or renovation commenced during the period 
covered by such progress report, and a list of 
projects for construction, repair, or renovation con-
tinuing from the period covered by the preceding 
progress report. 
(9) A statement of the amount of funds ex-
pended during the period for which the report is 
submitted. 
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(10) An assessment of the effectiveness of the 
assistance authorized under subsection (a) of such 
section 1236. 
(11) A list of the forces or elements of forces 
that are restricted from receiving assistance under 
subsection (a) of such section 1236, other than the 
forces or elements of forces with respect to which 
the Secretary of Defense has exercised the waiver 
authority under subsection (j) of such section 1236, 
as a result of vetting required by subsection (e) of 
such section 1236 or by section 2249e of title 10, 
United States Code, and a detailed description of 
the reasons for such restriction, including for each 
force or element, as applicable, the following: 
(A) Information relating to gross violation 
of human rights committed by such force or ele-
ment, including the time-frame of the alleged 
violation. 
(B) The source of the information de-
scribed in subparagraph (A) and an assessment 
of the veracity of the information. 
(C) The association of such force or ele-
ment with terrorist groups or groups associated 
with the Government of Iran. 
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(D) The amount and type of any assist-
ance provided to such force or element by the 
Government of Iran. 
(12) An assessment of— 
(A) security in liberated areas in Iraq; 
(B) the extent to which security forces 
trained and equipped, directly or indirectly, by 
the United States are prepared to provide post- 
conflict stabilization and security in such liber-
ated areas; and 
(C) the effectiveness of security forces in 
the post-conflict environment and an identifica-
tion of which such forces will provide post-con-
flict stabilization and security in such liberated 
areas. 
(13) A summary of available information relat-
ing to the disposition of militia groups throughout 
Iraq, with particular focus on groups in areas liber-
ated from ISIS or in sensitive areas with historically 
mixed ethnic or minority communities. 
(b) FUNDING.—Subsection (g) of section 1236 of the 
Carl Levin and Howard P. ‘‘Buck’’ McKeon National De-
fense Authorization Act for Fiscal Year 2015 (Public Law 
113–291; 128 Stat. 3558) is amended— 
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(1) by striking ‘‘fiscal year 2019’’ and inserting 
‘‘fiscal year 2020’’; and 
(2) by striking ‘‘$850,000,000’’ and inserting 
‘‘$663,000,000’’. 
(c) MODIFICATION OF ELEMENTS IN QUARTERLY 
PROGRESS REPORTS.—Subsection (d) of such section 
1236 is amended— 
(1) in paragraph (11), by striking ‘‘section 
2249e of title 10, United States Code’’ and inserting 
‘‘section 362 of title 10, United States Code’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(13) A summary of available information re-
lating to the disposition of militia groups throughout 
Iraq, with particular focus on groups in areas liber-
ated from ISIS or in sensitive areas with historically 
mixed ethnic or minority communities.’’. 
(d) CLARIFICATION WITH RESPECT TO SCOPE OF 
AUTHORITY.— 
(1) IN
GENERAL.—Subsection (j)(2) of such 
section 1236 is amended to read as follows: 
‘‘(2) SCOPE OF ASSISTANCE AUTHORITY.—Not-
withstanding paragraph (1), the authority granted 
by subsection (a) may only be exercised in consulta-
tion with the Government of Iraq.’’. 
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(2) TECHNICAL CORRECTION.—The heading of 
subsection (j) of such section 1236 is amended by 
inserting ‘‘; SCOPE’’ after ‘‘AUTHORITY’’. 
(e) TECHNICAL CORRECTION.—Subsection (c) of 
such section 1236 is amended in the matter preceding 
paragraph (1) by striking ‘‘subsection (a)(1)’’ and insert-
ing ‘‘subsection (b)(1)(A)’’. 
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY 
TO PROVIDE ASSISTANCE TO THE VETTED 
SYRIAN OPPOSITION. 
(a) IN GENERAL.—Section 1209 of the Carl Levin 
and Howard P. ‘‘Buck’’ McKeon National Defense Au-
thorization Act for Fiscal Year 2015 (Public Law 113– 
291; 128 Stat. 3559) is amended as follows: 
(1) In subsection (a)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘, appropriately vetted 
local security forces in northeast Syria, in-
cluding units of the Syrian Democratic 
Forces and their associated counter-ter-
rorism units,’’ after ‘‘elements of the Syr-
ian opposition’’; and 
(ii) by striking ‘‘December 31, 2019’’ 
and inserting ‘‘December 31, 2020’’. 
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(B) in paragraph (1), by inserting ‘‘or pre-
viously controlled by ISIL’’ after ‘‘Syrian oppo-
sition’’. 
(2) By amending subsection (b) to read as fol-
lows: 
‘‘(b) NOTICE BEFORE PROVISION OF ASSISTANCE.— 
Not later than 15 days prior to each instance of the provi-
sion of assistance under subsection (a), the Secretary of 
Defense, in coordination with the Secretary of State, shall 
submit to the appropriate congressional committees and 
leadership of the House of Representatives and Senate a 
notification that includes the following: 
‘‘(1) The plan for providing the assistance. 
‘‘(2) The requirements and process used to de-
termine appropriately vetted recipients with respect 
to the assistance. 
‘‘(3) The mechanisms and procedures that will 
be used to monitor and report to the appropriate 
congressional committees and leadership of the 
House of Representatives and Senate on unauthor-
ized end-use of provided training and equipment or 
other violations of relevant law by appropriately vet-
ted recipients. 
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‘‘(4) The amount, type, and purpose of assist-
ance to be funded and the recipient of the assist-
ance. 
‘‘(5) The budget and implementation timeline, 
with milestones and anticipated delivery schedule for 
the assistance. 
‘‘(6) A description of any material use of assist-
ance previously provided under subsection (a) to any 
appropriately vetted recipient of such assistance for 
a purpose other than the purposes specified in sub-
section (a) that occurred since the most recent noti-
fication submitted by the Secretary pursuant to this 
subsection, with a specific description of the fol-
lowing: 
‘‘(A) The details of such material misuse. 
‘‘(B) The recipient or recipients respon-
sible for such material misuse. 
‘‘(C) The consequences of such material 
misuse. 
‘‘(D) The actions taken by the Secretary to 
remedy the causes and effects of such material 
misuse. 
‘‘(7) The goals and objectives of the assistance. 
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‘‘(8) The concept of operations, timelines, and 
types of training, equipment, stipends, sustainment, 
construction, and supplies to be provided. 
‘‘(9) The roles and contributions of partner na-
tions. 
‘‘(10) The number and role of United States 
Armed Forces personnel involved. 
‘‘(11) Any additional military support and 
sustainment activities. 
‘‘(12) Any other relevant details.’’. 
(3) By amending subsection (c) to read as fol-
lows: 
‘‘(c) FORM.—The notifications required by subsection 
(b) shall be submitted in unclassified form but may in-
clude a classified annex.’’. 
(4) By striking subsection (f) and inserting the 
following: 
‘‘(f) RESTRICTION ON SCOPE OF ASSISTANCE IN THE 
FORM OF WEAPONS.— 
‘‘(1) IN
GENERAL.—The Secretary may only 
provide assistance in the form of weapons pursuant 
to the authority under subsection (a) if such weap-
ons are small arms, including handguns, rifles and 
carbines, sub-machine guns, or light machine guns. 
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‘‘(2) WAIVER.—The Secretary may waive the 
restriction under paragraph (1) if the Secretary cer-
tifies to the appropriate congressional committees 
that such provision of law would (but for the waiver) 
impede national security objectives of the United 
States by prohibiting, restricting, delaying, or other-
wise limiting the provision of assistance. Such waiver 
shall not take effect until 15 days after the date on 
which such certification is submitted to the appro-
priate congressional committees.’’. 
(5) In subsection (g)— 
(A) by inserting ‘‘, at the end of the 15- 
day period beginning on the date the Secretary 
notifies the congressional defense committees of 
the amount, source, and intended purpose of 
such contributions’’ after ‘‘as authorized by this 
section’’; and 
(B) by striking ‘‘operation and mainte-
nance accounts’’ and all that follows through 
the end of the subsection and inserting ‘‘ac-
counts.’’. 
(6) In subsection (k), by inserting ‘‘, at the end 
of the 15-day period beginning on the date the Sec-
retary notifies the congressional defense committees 
of the amount, recipient, and intended purpose of 
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such assistance’’ after ‘‘authorized under this sec-
tion’’. 
(7) In subsection (l)— 
(A) by striking ‘‘$10,000,000’’ and insert-
ing ‘‘$20,000,000’’; 
(B) by adding at the end the following new 
sentence: ‘‘Amounts accepted as contributions 
pursuant to the authority in subsection (g) for 
construction and repair projects may be ex-
pended without regard to the limitation under 
this subsection.’’; 
(C) by striking ‘‘REPAIR PROJECTS.—The 
aggregate’’ 
and 
inserting 
‘‘REPAIR 
PROJECTS.— 
‘‘(1) IN GENERAL.—The aggregate’’; and 
(D) by adding at the end the following: 
‘‘(2) WAIVER.—The Secretary may waive the 
limitation under paragraph (1) if the Secretary cer-
tifies to the appropriate congressional committees 
that such provision of law would (but for the waiver) 
impede national security objectives of the United 
States by prohibiting, restricting, delaying, or other-
wise limiting the provision of assistance. Such waiver 
shall not take effect until 15 days after the date on 
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which such certification is submitted to the appro-
priate congressional committees.’’. 
(8) By striking subsection (j). 
(9) By redesignating subsections (k) through 
(m) (as amended by this subsection) as subsections 
(j) through (l), respectively. 
(b) EFFECTIVE DATE AND AVAILABILITY OF AU-
THORITY.— 
(1) IN GENERAL.—The amendments made by 
subsection (a) shall take effect on the date of the en-
actment of this section. 
(2) AVAILABILITY
OF
AUTHORITY.—Notwith-
standing paragraph (1), the Secretary may not pro-
vide assistance pursuant to the authority provided 
by section 1209 of the Carl Levin and Howard P. 
‘‘Buck’’ McKeon National Defense Authorization 
Act for Fiscal Year 2015 (Public Law 113–291; 128 
Stat. 3559), as amended by subsection (a) of this 
section, during the period beginning on January 1, 
2020, and ending on the date on which each quar-
terly report required to be submitted pursuant to 
subsection (d) of such section 1209, as of the date 
of the enactment of this section, has been submitted. 
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SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY 
TO SUPPORT OPERATIONS AND ACTIVITIES 
OF THE OFFICE OF SECURITY COOPERATION 
IN IRAQ. 
(a) EXTENSION OF AUTHORITY.—Subsection (f)(1) 
of section 1215 of the National Defense Authorization Act 
for Fiscal Year 2012 (10 U.S.C. 113 note) is amended 
by striking ‘‘fiscal year 2019’’ and inserting ‘‘fiscal year 
2020’’. 
(b) AMOUNT AVAILABLE.—Such section is further 
amended— 
(1) in subsection (c), by striking ‘‘fiscal year 
2019’’ and inserting ‘‘fiscal year 2020’’; and 
(2) in subsection (d), by striking ‘‘fiscal year 
2019’’ and inserting ‘‘fiscal year 2020’’. 
(c) LIMITATION ON AVAILABILITY OF FUNDS.—Of 
the amount available for fiscal year 2020 for section 1215 
of the National Defense Authorization Act for Fiscal Year 
2012, as amended by this section, not more than an 
amount equal to 50 percent may be obligated or expended 
for the Office of Security Cooperation in Iraq until the 
date on which the Secretary of Defense certifies to the 
congressional defense committees, the Committee on For-
eign Affairs of the House of Representatives, and the 
Committee on Foreign Relations of the Senate, that each 
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of the following reforms relating to that Office has been 
completed: 
(1) The appointment of a Senior Defense Offi-
cial/Defense Attache to oversee the Office. 
(2) The development of a Joint Service staffing 
plan to reorganize the Office similar to that of other 
security cooperation offices in the region, that places 
foreign area officers in key leadership positions and 
closes duplicative or extraneous sections. 
(3) The planning and initiation of bilateral en-
gagement with the Government of Iraq for the pur-
pose of establishing a Joint Military Commission 
and the initiation and drafting of a five-year security 
assistance roadmap for developing strategic and sus-
tainable military capacity and capabilities for Iraq 
that includes a plan to reform Iraq’s defense indus-
trial base and security sector by reducing corruption 
and optimizing procurement. 
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND 
OTHER FORMS OF SUPPORT TO CERTAIN OR-
GANIZATIONS. 
None of the funds authorized to be appropriated by 
this Act or otherwise made available to the Department 
of Defense for fiscal year 2020 may be used to knowingly 
provide weapons or any other form of support to Al Qaeda, 
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the Islamic State of Iraq and Syria (ISIS), Jabhat Fateh 
al Sham Hamas, Hizballah, Palestine Islamic Jihad, al- 
Shabaab, Islamic Revolutionary Guard Corps, or any indi-
vidual or group affiliated with any such organization. 
SEC. 1225. RULE OF CONSTRUCTION RELATING TO USE OF 
MILITARY FORCE AGAINST IRAN. 
Nothing in this Act or any amendment made by this 
Act may be construed to authorize the use of military force 
against Iran. 
SEC. 1226. SENSE OF CONGRESS ON SUPPORT FOR MIN-
ISTRY OF PESHMERGA FORCES OF THE 
KURDISTAN REGION OF IRAQ. 
It is the sense of Congress that— 
(1) the United States led coalition and coalition 
enabled partner forces, including Ministry of 
Peshmerga forces of the Kurdistan Region of Iraq 
and Iraqi Security Forces (ISF), have made signifi-
cant gains in liberating all territory in Iraq from Is-
lamic State of Iraq and Syria (ISIS) control and dis-
rupting ISIS safe havens and networks; 
(2) nevertheless, ISIS is regenerating key func-
tions and capabilities in Iraq, and ISIS elements will 
continue to exist in Iraq for the foreseeable future; 
(3) ISIS will attempt to rebuild combat power 
through clandestine networks providing sanctuary, 
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and ISIS will continue to attempt to conduct insur-
gent-type activities while simultaneously recruiting 
and training fighters, establishing facilitation net-
works, and attempting to remain relevant in the in-
formation domain; 
(4) the Ministry of Peshmerga forces of the 
Kurdistan Region of Iraq made significant contribu-
tions and sacrifices in the United States-led cam-
paign to degrade, dismantle, and destroy ISIS; and 
(5) the Department of Defense and the Depart-
ment of State should continue to work with and sup-
port the non-partisan forces of the Ministry of 
Peshmerga of the Kurdistan Region of Iraq in order 
to continue to develop their capabilities, promote se-
curity sector reforms, and enhance sustainability and 
interoperability with the other elements of the Iraqi 
security forces in order to provide for Iraq’s lasting 
security against terrorist threats. 
SEC. 1227. SENSE OF CONGRESS ON SUPPORTING THE RE-
TURN AND REPATRIATION OF RELIGIOUS 
AND ETHNIC MINORITIES IN IRAQ TO THEIR 
ANCESTRAL HOMELANDS. 
(a) FINDINGS.—Congress finds that— 
(1) the Nineveh Plain and the wider region 
have been the ancestral homeland of Assyrian 
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Chaldean Syriac Christians, Yazidis, Shabak, and 
other religious and ethnic minorities, where they 
lived for centuries until the Islamic State of Iraq 
and Syria (ISIS) overran and occupied the area in 
2014; 
(2) in 2016, then-Secretary of State John 
Kerry announced, ‘‘In my judgment Daesh is re-
sponsible for genocide against groups in areas under 
its control, including Yezidis, Christians, and Shia 
Muslims. Daesh is genocidal by self-proclamation, by 
ideology, and by actions—in what it says, what it 
believes, and what it does. Daesh is also responsible 
for crimes against humanity and ethnic cleansing di-
rected at these same groups and in some cases also 
against Sunni Muslims, Kurds, and other minori-
ties.’’; 
(3) these atrocities were undertaken with the 
specific intent to bring about the eradication and 
displacement of Christians, Yazidis, and other com-
munities and the destruction of their cultural herit-
age, in violation of the United Nations Convention 
on the Prevention and Punishment of the Crime of 
Genocide signed by the United States on December 
11, 1948; 
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(4) in 2016, the House of Representatives 
passed H. Con. Res. 75 expressing the sense of the 
House of Representatives that the atrocities per-
petrated by ISIS against religious and ethnic minori-
ties in Iraq and Syria include war crimes, crimes 
against humanity, and genocide; 
(5) through joint efforts of the United States 
and 79 allies and partners, ISIS has been terri-
torially defeated in Iraq and Syria; 
(6) in July 2018, under the direction of Vice 
President Pence, the Genocide Recovery and Perse-
cution Response Program partnered with the De-
partment of State, the United States Agency for 
International Development, and local faith and com-
munity leaders to rapidly and directly deliver aid to 
persecuted communities, beginning with Iraq; 
(7) Christians in Iraq once numbered over 1.5 
million in 2003 and have dwindled to less than 
200,000 today; 
(8) armed militia groups linked to Iran, oper-
ating systematically in Sinjar and the Nineveh 
Plains, have harassed and intimidated religious and 
ethnic minorities thereby destabilizing northern Iraq 
and preventing local and indigenous minorities to re-
turn to their homelands; 
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(9) Iraqi religious minorities have faced chal-
lenges in integrating into the Iraqi Security Forces 
and Kurdish Peshmerga; 
(10) over 500 acres of productive agricultural 
lands in eastern Ninevah Governate have been 
burned in cases of arson in May 2019 alone, de-
stroying significant wheat and barley cultivation 
areas; 
(11) these agricultural resources are critical to 
northern Iraq’s livelihood, especially that of minority 
populations, and continued crop arson prevents safe 
and prosperous return of minority populations as 
well as complicates stabilization efforts; and 
(12) facilitating the success of communities in 
Sinjar and the Nineveh Plains requires a commit-
ment from international, Iraqi, Kurdish, and local 
authorities, in partnership with local faith leaders, to 
promote the safety and security of all people, espe-
cially religious and ethnic minorities. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it should remain a policy priority of the 
United States, working with international partners, 
the Government of Iraq, the Kurdistan Regional 
Government, and local populations, to support the 
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safe return of displaced indigenous people of the 
Nineveh Plain and Sinjar to their ancestral home-
land; 
(2) it should be a policy priority of the Govern-
ment of Iraq, the Kurdish Regional Government, the 
United States, and the international community to 
guarantee the restoration of fundamental human 
rights, including property rights, to genocide victims, 
and to see that ethnic and religious pluralism sur-
vives in Iraq; 
(3) Iraqi Security Forces and the Kurdish 
Peshmerga should work to more fully integrate all 
communities, including religious minority commu-
nities, to counter current and future terrorist 
threats; and 
(4) the United States, working with inter-
national allies and partners, should continue to lead 
coordination of efforts to provide for the safe return 
and future security of religious minorities in the 
Nineveh Plain and Sinjar. 
SEC. 1228. REPORT ON THE STATUS OF DECONFLICTION 
CHANNELS WITH IRAN. 
(a) IN GENERAL.—Not later than 30 days after the 
date of enactment of this Act, the President shall submit 
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to Congress a report on the status of deconfliction chan-
nels with Iran. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) The status of United States military-to-mili-
tary deconfliction channels with Iran to prevent mili-
tary and diplomatic miscalculation. 
(2) The status of United States diplomatic 
deconfliction channels with Iran to prevent mis-
calculation, define ambiguities, and correct mis-
understandings that could otherwise lead to unin-
tended consequences, including unnecessary or 
harmful military activity. 
(3) An analysis of the need and rationale for bi-
lateral and multilateral deconfliction channels, in-
cluding an assessment of recent United States expe-
rience with such channels of communication with 
Iran. 
SEC. 1229. PROHIBITION OF UNAUTHORIZED MILITARY 
FORCE IN OR AGAINST IRAN. 
(a) FINDINGS.—Congress finds the following: 
(1) The acquisition by the Government of Iran 
of a nuclear weapon would pose a grave threat to 
international peace and stability and the national se-
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curity of the United States and United States allies, 
including Israel. 
(2) The Government of Iran is a leading state 
sponsor of terrorism, continues to materially support 
the regime of Bashar al-Assad, and is responsible 
for ongoing gross violations of the human rights of 
the people of Iran. 
(3) Article I of the United States Constitution 
requires the President to obtain authorization from 
Congress before engaging in war with Iran. 
(b) CLARIFICATION OF CURRENT LAW.—Nothing in 
the Authorization for Use of Military Force (Public Law 
107–40; 50 U.S.C. 1541 note), the Authorization for Use 
of Military Force Against Iraq Resolution of 2002 (Public 
Law 107–243; 50 U.S.C. 1541 note), or any other provi-
sion of law enacted before the date of the enactment of 
this Act may be construed to provide authorization for the 
use of military force against Iran. 
(c) PROHIBITION
OF
UNAUTHORIZED
MILITARY 
FORCE IN OR AGAINST IRAN.— 
(1) IN GENERAL.—Except as provided in para-
graph (1), no Federal funds may be used for any 
use of military force in or against Iran unless Con-
gress has— 
(A) declared war; or 
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(B) enacted specific statutory authoriza-
tion for such use of military force after the date 
of the enactment of this Act that meets the re-
quirements of the War Powers Resolution (50 
U.S.C. 1541 et seq.). 
(2) EXCEPTION.—The prohibition under para-
graph (1) shall not apply to a use of military force 
that is consistent with section (2)(c) of the War 
Powers Resolution. 
(d) RULES OF CONSTRUCTION.—(1) Nothing in this 
section may be construed to prevent the President from 
using necessary and appropriate force to defend United 
States allies and partners if Congress enacts specific stat-
utory authorization for such use of force consistent with 
the requirements of the War Powers Resolution (50 
U.S.C. 1541 et seq.). 
(2) Nothing in this Act may be construed to relieve 
the executive branch of restrictions on the use of force, 
reporting, or consultation requirements set forth in the 
War Powers Resolution (50 U.S.C. 1541 et seq.). 
(3) Nothing in this Act may be construed to authorize 
the use of military force. 
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Subtitle D—Matters Relating to 
Russia 
SEC. 1231. PROHIBITION ON THE USE OF FUNDS TO SUS-
PEND, 
TERMINATE, 
OR 
WITHDRAW 
THE 
UNITED STATES FROM THE OPEN SKIES 
TREATY. 
(a) FINDINGS.—Congress finds the following: 
(1) Since 1992, the United States has sup-
ported the Open Skies Treaty with dedicated aircraft 
and observation mission teams, conducting several 
hundred training and observation missions with 
other countries. 
(2) This commitment by the United States has 
helped to confirm and refine operational procedures, 
to improve implementation and effectiveness of the 
Open Skies Treaty, and provide United States lead-
ership and engagement opportunities that have sup-
ported broader objectives and improved European 
transparency. 
(3) The Open Skies Treaty provides signatories 
with the ability to gather information through aerial 
imaging on military forces and activities of concern 
to them which contributes to greater transparency 
and stability in the Euro-Atlantic region, which ben-
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efits both the United States and United States allies 
and partners. 
(4) In order to maximize United States benefits 
from the Open Skies Treaty, the United States 
needs to recapitalize and modernize its aircraft and 
sensors, and the ongoing work to certify the Digital 
Visual Imaging System and the new effort for the 
Open 
Skies 
Treaty 
Aircraft 
Recapitalization 
(OSTAR) are critical to United States leadership 
and involvement in the Treaty. 
(5) The current 1960s-era United States air-
craft used with respect to the Open Skies Treaty are 
ill-suited to extreme operating environments in Rus-
sia and experience regular, unplanned maintenance 
issues, often resulting in mission delays or cancella-
tions. 
(6) The OSTAR effort will provide a United 
States aircraft capability that allows the United 
States to fully implement the goals and objectives of 
the Open Skies Treaty. 
(7) The United States also demonstrated in De-
cember 2018, along with United States allies of 
Canada, the United Kingdom, France, Germany, 
and Romania, that Open Skies Treaty mechanisms 
can be used during times of crisis. 
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(8) Following Russia’s unprovoked attack on 
Ukrainian vessels near the Kerch Strait, the United 
States and United States allies conducted an ‘‘ex-
traordinary’’ Open Skies Treaty observation mission 
over Ukraine to reaffirm commitment to Ukraine. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States should forcefully address 
Russian violations of its obligations under the Open 
Skies Treaty; and 
(2) due to the significant benefits that observa-
tion missions under the Open Skies Treaty provide 
to the United States and United States allies, the 
United States should commit to continued participa-
tion in the Treaty. 
(c) PROHIBITION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds authorized to be appro-
priated by this Act or otherwise made available to 
the Department of Defense for fiscal year 2020 may 
be obligated or expended to take any action to sus-
pend, terminate, or withdraw the United States from 
the Open Skies Treaty. 
(2) EXCEPTION.—The prohibition in paragraph 
(1) shall not apply if the Secretary of Defense and 
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the Secretary of State jointly determine and certify 
to the congressional defense committees, the Com-
mittee on Foreign Affairs of the House of Rep-
resentatives, and the Committee on Foreign Rela-
tions of the Senate, that— 
(A) Russia is in material breach of its obli-
gations under the Open Skies Treaty and is not 
taking steps to return to compliance with such 
obligations, and all other state parties to the 
Open Skies Treaty concur in such determina-
tion of the Secretaries; or 
(B) withdrawing from the Open Skies 
Treaty would be in the best interests of United 
States national security and the other state 
parties to the Open Skies Treaty have been con-
sulted with respect to such withdrawal. 
(d) REPEAL OF LIMITATION ON USE OF FUNDS TO 
VOTE TO APPROVE OR OTHERWISE ADOPT ANY IMPLE-
MENTING DECISION OF THE OPEN SKIES CONSULTATIVE 
COMMISSION AND MODIFICATIONS TO REPORT.— 
(1) IN
GENERAL.—Section 1236 of the Na-
tional Defense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 2491) is 
amended— 
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(A) by striking subsections (a) and (b); 
and 
(B) by redesignating subsections (c), (d), 
(e), and (f) as subsections (a), (b), (c), and (d), 
respectively. 
(2) MODIFICATIONS
TO
REPORT.—Subsection 
(a) of such section, as so redesignated, is amended— 
(A) in the heading, by striking ‘‘QUAR-
TERLY’’ and inserting ‘‘BI-ANNUAL’’; 
(B) in paragraph (1)— 
(i) by inserting ‘‘the Secretary of 
State,’’ before ‘‘the Secretary of Energy’’; 
(ii) by striking ‘‘quarterly basis’’ and 
inserting ‘‘bi-annual basis’’; 
(iii) by striking ‘‘by the Russian Fed-
eration over the United States’’ and insert-
ing ‘‘by all parties to the Open Skies Trea-
ty, including the United States, under the 
Treaty’’; and 
(iv) by striking ‘‘calendar quarter’’ 
and inserting ‘‘preceding 6-month period’’; 
and 
(C) in paragraph (2), by striking subpara-
graphs (B), (C), and (D) and inserting the fol-
lowing: 
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‘‘(B) In the case of an observation flight 
by the United States, including an observation 
flight over the territory of Russia— 
‘‘(i) an analysis of data collected that 
supports United States intelligence and 
military collection goals; and 
‘‘(ii) an assessment of data collected 
regarding military activity that could not 
be collected through other means. 
‘‘(C) In the case of an observation flight 
over the territory of the United States— 
‘‘(i) an analysis of whether and the 
extent to which any United States critical 
infrastructure was the subject of image 
capture activities of such observation 
flight; 
‘‘(ii) an estimate for the mitigation 
costs imposed on the Department of De-
fense or other United States Government 
agencies by such observation flight; and 
‘‘(iii) assessment of how such informa-
tion is used by party conducting the obser-
vation flight, for what purpose, and how 
the information fits into the overall collec-
tion posture.’’. 
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(3) FORM.—Subsection (c) of such section, as 
so redesignated, is amended by striking ‘‘certifi-
cation, report, and notice’’ and inserting ‘‘report’’. 
(4) DEFINITIONS.—Subsection (d) of such sec-
tion, as so redesignated, is amended— 
(A) by striking paragraphs (3) and (6); 
and 
(B) by redesignating paragraphs (4), (5), 
and (7) as paragraphs (3), (4), and (5), respec-
tively. 
(e) OPEN SKIES: IMPLEMENTATION PLAN.—Section 
1235(a) of the National Defense Authorization Act for 
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1660) 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘during such fiscal year’’ 
and inserting ‘‘during a calendar year’’; and 
(B) by striking ‘‘the President submits’’ 
and all that follows and inserting ‘‘the Sec-
retary of Defense provides to the appropriate 
congressional committees a briefing on a plan 
described in paragraph (2) with respect to such 
calendar year.’’; 
(2) in paragraph (2), by striking ‘‘such fiscal 
year’’ and inserting ‘‘such calendar year’’; and 
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(3) in paragraph (3), by striking ‘‘a fiscal year 
and submit the updated plan’’ and inserting ‘‘a cal-
endar year and provide a briefing on the updated 
plan’’. 
(f) DEFINITION OF OPEN SKIES TREATY; TREATY.— 
In this section, the term ‘‘Open Skies Treaty’’ or ‘‘Treaty’’ 
means the Treaty on Open Skies, done at Helsinki March 
24, 1992, and entered into force January 1, 2002. 
SEC. 1232. EXTENSION OF LIMITATION ON MILITARY CO-
OPERATION BETWEEN THE UNITED STATES 
AND RUSSIA. 
Section 1232(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114–328; 130 
Stat. 2488), is amended by striking ‘‘or 2019’’ and insert-
ing ‘‘, 2019, or 2020’’. 
SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RE-
LATING TO SOVEREIGNTY OF RUSSIA OVER 
CRIMEA. 
(a) PROHIBITION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2020 for the Department of Defense may 
be obligated or expended to implement any activity that 
recognizes the sovereignty of Russia over Crimea. 
(b) WAIVER.—The Secretary of Defense, with the 
concurrence of the Secretary of State, may waive the re-
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striction on the obligation or expenditure of funds required 
by subsection (a) if the Secretary— 
(1) determines that to do so is in the national 
security interest of the United States; and 
(2) submits a notification of the waiver, at the 
time the waiver is invoked, to the Committee on 
Armed Services and the Committee on Foreign Af-
fairs of the House of Representatives and the Com-
mittee on Armed Services and the Committee on 
Foreign Relations of the Senate. 
SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SE-
CURITY ASSISTANCE INITIATIVE. 
Section 1250 of the National Defense Authorization 
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 
1068) is amended— 
(1) in subsection (a), by striking ‘‘in coordina-
tion with the Secretary of State’’ and inserting 
‘‘with the concurrence of the Secretary of State’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘50 per-
cent of the funds available for fiscal year 2019 
pursuant to subsection (f)(4)’’ and inserting 
‘‘50 percent of the funds available for fiscal 
year 2020 pursuant to subsection (f)(5)’’; 
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(B) in paragraph (3), by striking ‘‘fiscal 
year 2019’’ and inserting ‘‘fiscal year 2020’’; 
and 
(C) in paragraph (5), by striking ‘‘Of the 
funds available for fiscal year 2019 pursuant to 
subsection (f)(4)’’ and inserting ‘‘Of the funds 
available for fiscal year 2020 pursuant to sub-
section (f)(5)’’; and 
(3) in subsection (f), by adding at the end the 
following: 
‘‘(5) For fiscal year 2020, $250,000,000.’’. 
SEC. 1235. REPORT ON TREATIES RELATING TO NUCLEAR 
ARMS CONTROL. 
(a) FINDINGS.—Congress finds the following: 
(1) On October 24, 2018, the House Committee 
on Armed Services and House Committee on For-
eign Affairs wrote to the Secretary of Defense re-
questing information regarding the Administration’s 
policies and strategies related to nuclear arms con-
trol. 
(2) The Committees did not receive the re-
quested information from the Secretary of Defense. 
(b) ASSESSMENT REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Secretary of 
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State and the Director of National Intelligence, shall sub-
mit to the Committee on Armed Services, the Permanent 
Select Committee on Intelligence, and the Committee on 
Foreign Affairs of the House of Representatives and the 
Committee on Armed Services, the Select Committee on 
Intelligence, and the Committee on Foreign Relations of 
the Senate an assessment that includes each of the fol-
lowing: 
(1) The implications, in terms of military threat 
to the United States or its allies in Europe, of Rus-
sian deployment of intermediate-range cruise and 
ballistic missiles without restriction. 
(2) What new capabilities the United States 
might need in order to pursue additional tech-
nologies or programs to offset such Russian capabili-
ties, and the costs associated with such capabilities, 
technologies, and programs. 
(3) An assessment of the threat to the United 
States of Russia’s strategic nuclear force in the 
event the New START Treaty lapses. 
(4) What measures could have been taken short 
of withdrawal, including economic, military, and dip-
lomatic options, to increase pressure on Russia for 
violating the INF Treaty. 
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(5) The status of all consultations with allies 
pertaining to the INF Treaty and the threat posed 
by Russian forces that are noncompliant with the 
obligations of such treaty. 
(6) The impact that Russian withdrawal from 
the INF Treaty and the expiration of the New 
START Treaty could have on long-term United 
States-Russia strategic stability. 
(c) WITHHOLDING OF FUNDS.—Until the date of the 
submission of the assessment required by subsection (b), 
an amount that is equal to 20 percent of the total amount 
authorized to be appropriated to the Office of the Sec-
retary of Defense under the Operations and Maintenance, 
Defense-Wide account for the travel of persons shall be 
withheld from obligation or expenditure. 
(d) DEFINITIONS.—In this section: 
(1) NEW
START
TREATY.—The term ‘‘New 
START Treaty’’ means the Treaty between the 
United States of America and the Russian Federa-
tion on Measures for the Further Reduction and 
Limitation of Strategic Offensive Arms, signed at 
Prague April 8, 2010, and entered into force Feb-
ruary 5, 2011. 
(2) INF TREATY.—The term ‘‘INF Treaty’’ 
means the Treaty between the United States of 
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America and the Union of Soviet Socialist Republics 
on the Elimination of Their Intermediate-Range and 
Shorter-Range Missiles, signed at Washington De-
cember 8, 1987, and entered into force June 1, 
1988. 
SEC. 1236. SENSE OF CONGRESS ON UPDATING AND MOD-
ERNIZING EXISTING AGREEMENTS TO AVERT 
MISCALCULATION 
BETWEEN 
THE 
UNITED 
STATES AND RUSSIA. 
It is the sense of Congress that, in order to strength-
en the defense of United States and its allies and partners 
in Europe and avert the risk of miscalculation and unin-
tended escalation that could lead to a broader and dan-
gerous military catastrophe, the Secretary of Defense and 
Secretary of State, in consultation with the commander 
of United States European Command and Assistant Sec-
retary of State for European and Eurasian Affairs, 
should— 
(1) pursue updating and modernizing the 
Agreement on the prevention of incidents on and 
over the high seas (entered into force with respect 
to the United States on May 25, 1972; 23 U.S.T. 
1063); 
(2) explore additional options to reduce the risk 
of accidents in the air; and 
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(3) explore the possibility of updating the noti-
fications in the Vienna Document of the Organiza-
tion for Security and Cooperation in Europe with a 
view to reducing the risk that the United States, the 
North Atlantic Treaty Organization, or Russia 
might misinterpret a military exercise, including 
pursuing greater use of the Vienna Document’s pro-
vision that provides for voluntary hosting of visits 
that seek to dispel possible concern regarding mili-
tary activities. 
SEC. 1237. SENSE OF CONGRESS ON SUPPORT FOR GEOR-
GIA. 
(a) FINDINGS.—Congress finds the following: 
(1) Georgia is a valued friend of the United 
States and has repeatedly demonstrated its commit-
ment to advancing the mutual interests of both 
countries, including the deployment of Georgian 
forces as part of the former International Security 
Assistance Force (ISAF) and the current Resolute 
Support Mission led by the North Atlantic Treaty 
Organization (NATO) in Afghanistan and the Multi- 
National Force in Iraq. 
(2) The European Deterrence Initiative builds 
the partnership capacity of Georgia so it can work 
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more closely with the United States and NATO, as 
well as provide for its own defense. 
(3) In addition to the European Deterrence Ini-
tiative, Georgia’s participation in the NATO initia-
tive Partnership for Peace is paramount to inter-
operability with the United States and NATO, and 
establishing a more peaceful environment in the re-
gion. 
(4) Despite the losses suffered, as a NATO 
partner, Georgia is committed to the Resolute Sup-
port Mission in Afghanistan with the fourth-largest 
contingent on the ground. 
(b) SENSE OF CONGRESS.—Congress— 
(1) reaffirms United States support for Geor-
gia’s sovereignty and territorial integrity within its 
internationally-recognized borders, and does not rec-
ognize the independence of the Abkhazia and South 
Ossetia regions currently occupied by the Russian 
Federation; and 
(2) supports continued cooperation between the 
United States and Georgia and the efforts of the 
Government of Georgia to provide for the defense of 
its people and sovereign territory. 
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SEC. 1238. SENSE OF CONGRESS ON SUPPORT FOR ESTO-
NIA, LATVIA, AND LITHUANIA. 
(a) FINDINGS.—Congress finds the following: 
(1) The Baltic countries of Estonia, Latvia, and 
Lithuania are highly valued allies of the United 
States, and they have repeatedly demonstrated their 
commitment to advancing our mutual interests as 
well as those of the NATO Alliance. 
(2) Operation Atlantic Resolve is a series of ex-
ercises and coordinating efforts demonstrating the 
United States’ commitment to its European partners 
and allies, including the Baltic countries of Estonia, 
Latvia, and Lithuania, with the shared goal of peace 
and stability in the region. Operation Atlantic Re-
solve strengthens communication and understanding, 
and is an important effort to deter Russian aggres-
sion in the region. 
(3) Through Operation Atlantic Resolve, the 
European Deterrence Initiative undertakes exercises, 
training, and rotational presence necessary to reas-
sure and integrate our allies, including the Baltic 
countries, into a common defense framework. 
(4) All three Baltic countries contributed to the 
NATO-led International Security Assistance Force 
in Afghanistan, sending troops and operating with 
few caveats. The Baltic countries continue to commit 
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resources and troops to the Resolute Support Mis-
sion in Afghanistan. 
(b) SENSE OF CONGRESS.—Congress— 
(1) reaffirms its support for the principle of col-
lective defense in Article 5 of the North Atlantic 
Treaty for our NATO allies, including Estonia, Lat-
via, and Lithuania; 
(2) supports the sovereignty, independence, ter-
ritorial integrity, and inviolability of Estonia, Latvia, 
and Lithuania as well as their internationally recog-
nized borders, and expresses concerns over increas-
ingly aggressive military maneuvering by the Rus-
sian Federation near their borders and airspace; 
(3) expresses concern over and condemns sub-
versive and destabilizing activities by the Russian 
Federation within the Baltic countries; and 
(4) encourages the Administration to further 
enhance defense cooperation efforts with Estonia, 
Latvia, and Lithuania and supports the efforts of 
their Governments to provide for the defense of their 
people and sovereign territory. 
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SEC. 1239. ANNUAL REPORT ON CYBER ATTACKS AND IN-
TRUSIONS AGAINST THE DEPARTMENT OF 
DEFENSE BY CERTAIN FOREIGN ENTITIES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, and each fiscal year 
thereafter through fiscal year 2023, the Secretary of De-
fense shall submit to the congressional defense committees 
a report on cyber attacks and intrusions in the previous 
12 months by agents or associates of the Governments of 
the Russian Federation, the People’s Republic of China, 
the Islamic Republic of Iran, and the Democratic People’s 
Republic of Korea against or into— 
(1) the information systems (as such term is 
defined in section 3502 of title 44, United States 
Code) of— 
(A) the Department of Defense; and 
(B) any contractor of the Department of 
Defense that works on sensitive United States 
military technology; and 
(2) the personal communications of the per-
sonnel of the Department of Defense. 
(b) FORM.—The report required by subsection (a) 
shall be submitted in classified form. 
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SEC. 1240. REPORT ON RUSSIAN MILITARY INVOLVEMENT 
IN THE AFRICOM AOR. 
(a) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Secretary of State, shall provide 
to the appropriate congressional committees a report on 
military assistance provided by the Russian Federation or 
any private military corporations headquartered or reg-
istered in Russia to countries in the U.S. Africa Command 
(AFRICOM) Area of Responsibility (AOR). 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) A description of all known bilateral agree-
ments between Russia and African governments ne-
gotiated since 2014, including military and technical 
cooperation, arms sales, and mineral exploration. 
(2) An analysis of any direct or indirect mili-
tary support Russia or private military corporations 
based in Russia are providing to non-state armed 
groups in Africa, including a description of the types 
of support. 
(3) A description of arms sales within the pre-
vious calendar year by the Russian defense sector to 
African countries, and an analysis of whether any of 
such arms sales constitute significant transactions 
within the meaning of section 231 of the Countering 
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America’s Adversaries Through Sanctions Act of 
2017 (22 U.S.C. 9525). 
(4) An analysis of the extent to which such 
arms sales may be in violation of United Nations Se-
curity Council-imposed arms embargoes in Africa, 
including with regard to South Sudan, the Demo-
cratic Republic of Congo, and the Central African 
Republic. 
(5) An analysis of Russian disinformation and 
propaganda operations in African countries, and the 
extent to which such operations pose a risk to 
United States interests in Africa. 
(6) A plan to counteract destabilizing Russian 
activities in Africa. 
(c) FORM.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives. 
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