1174 
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.
1175 
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-
1176 
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.
1177 
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.’’.
1178 
(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.’’.
1179 
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
1181 
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:
1182 
‘‘(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
1183 
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-
1184 
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)—
1185 
‘‘(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
1186 
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.
1187 
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’’.
1188 
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;
1189 
‘‘(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-
1190 
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
1191 
‘‘(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.
1192 
‘‘§ 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-
1193 
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.
1194 
‘‘§ 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-
1195 
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:
1196 
‘‘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.
1197 
‘‘(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
1198 
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—
1199 
(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
1200 
‘‘(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.
1201 
‘‘(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
1202 
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
1203 
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
1204 
‘‘(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
1205 
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-
1206 
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-
1207 
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.—
1208 
‘‘(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—
1209 
‘‘(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—
1210 
‘‘(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;
1211 
‘‘(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-
1212 
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-
1213 
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’’—
1214 
(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-
1215 
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:
1216 
‘‘(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
1217 
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,’’.
1218 
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—
1219 
(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-
1220 
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.
1221 
(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-
1222 
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
1223 
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-
1224 
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.
1225 
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
1226 
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-
1227 
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.
1650 
committee, or office involved and only in accordance 
with any applicable rules and procedures of the 
House of Representatives or Senate (as the case 
may be) governing the provision of such information 
by Members, committees, and offices of Congress to 
entities in the executive branch. 
(f) REPORTS.—The Commission shall submit to the 
appropriate congressional committees and leadership— 
(1) not later than 270 days after the date of 
the enactment of this Act, an initial report on the 
activities and recommendations of the Commission 
under this section; and 
(2) not later than 270 days after the submis-
sion of the initial report under paragraph (1), a final 
report on the activities and recommendations of the 
Commission under this section. 
(g) TERMINATION.— 
(1) IN GENERAL.—The Commission, and all the 
authorities of this section, shall terminate at the end 
of the 120-day period beginning on the date on 
which the final report required by subsection (f)(2) 
is submitted to the appropriate congressional com-
mittees and leadership. 
(2) WINDING UP OF AFFAIRS.—The Commis-
sion may use the 120-day period described in para-