1126 
(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:
1127 
(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);
1128 
(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,
1129 
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
1130 
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
1131 
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
1132 
$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.
1133 
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—
1134 
‘‘(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
1135 
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-
1136 
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-
1137 
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.
1138 
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)—
1139 
(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.
1140 
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.
1141 
(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
1142 
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
1143 
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);
1144 
(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.
1145 
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—
1146 
(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
1147 
(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’’.
1148 
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-
1149 
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’’.
1150 
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-
1151 
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.
1152 
‘‘(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.
1153 
‘‘(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:
1154 
‘‘(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-
1155 
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’’.
1156 
(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
1157 
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:
1158 
‘‘(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
1159 
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
1160 
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
1161 
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
1162 
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
1163 
(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
1164 
(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-
1165 
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
1166 
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—
1167 
(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
1168 
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
1169 
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.
1170 
(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
1171 
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
1172 
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.
1173 
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
1180 
‘‘(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-