2256 
HR 7900 PCS
ilies having an income up to 120 percent 
of the median for the area. 
‘‘(D) TREATMENT OF DUPLICATIVE BENE-
FITS.—In any case in which a grantee provides 
assistance that duplicates benefits available to a 
person for the same purpose from another 
source, the grantee itself shall either (i) be sub-
ject to remedies for noncompliance under sec-
tion 111, or (ii) bear responsibility for absorb-
ing such cost of duplicative benefits and return-
ing an amount equal to any duplicative benefits 
paid to the grantee’s funds available for use 
under this section or to the Community Devel-
opment Block Grant Declared Disaster Recov-
ery Fund under section 124, unless the Sec-
retary issues a public determination by publica-
tion in the Federal Register that it is not in the 
best interest of the Federal Government to pur-
sue such remedies based on hardships identified 
in subparagraph (E) or other reasons. 
‘‘(E) WAIVER OF RECOUPMENT.—A grant-
ee of assistance from funds made available for 
use under this section may request a waiver 
from the Secretary of any recoupment by the 
Secretary of such funds for amounts owed by 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02256
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2257 
HR 7900 PCS
persons who have received such assistance from 
such funds and who have been defrauded, or 
after receiving assistance, have filed for bank-
ruptcy, gone through a foreclosure procedure on 
property that received such assistance, or are 
deceased. If the grantee self-certifies to the Sec-
retary in such request that it has verified that 
the individual conditions of each person it is re-
questing a waiver for meets one of the condi-
tions specified in the preceding sentence, the 
Secretary may grant such waivers on the basis 
of grantee self-certification, issue a public de-
termination by publication in the Federal Reg-
ister that it is not in the best interest of the 
Federal 
Government 
to 
pursue 
such 
recoupment, and may conduct oversight to 
verify grantee self-certification and subject the 
grantee to remedies for noncompliance for any 
amounts that have not met such requirements. 
‘‘(F) PROTECTION OF PERSONALLY IDEN-
TIFIABLE INFORMATION.—In carrying out this 
paragraph, the Secretary and the grantee shall 
take such actions as may be necessary to ensure 
that personally identifiable information regard-
ing recipients of assistance provided from funds 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02257
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2258 
HR 7900 PCS
made available under this section is not made 
publicly available by the Department of Hous-
ing and Urban Development or any agency with 
which information is shared pursuant to this 
paragraph. 
‘‘(c) PLAN FOR USE OF ASSISTANCE.— 
‘‘(1) REQUIREMENT.—Not later than 90 days 
after the allocation pursuant to subsection (b)(1) of 
all of the funds made available by an appropriations 
Act for assistance under this section and before the 
Secretary obligates any of such funds for a grantee, 
the grantee shall submit a plan to the Secretary for 
approval detailing the proposed use of all funds, 
which shall include, at a minimum— 
‘‘(A) criteria for eligibility for each pro-
posed use of funds, including eligibility limits 
on income and geography, and a description of 
how each proposed use of such funds will com-
ply with all civil rights and fair housing laws 
and will address disaster relief, resiliency, long- 
term recovery, restoration of infrastructure and 
housing, hazard mitigation, and economic revi-
talization in the most impacted and distressed 
areas, including, as appropriate, assistance for 
the benefit of impacted households experiencing 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02258
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2259 
HR 7900 PCS
homelessness as defined by section 103 of the 
McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11302) or at risk of homelessness as de-
fined by section 401 of such Act (42 U.S.C. 
11360); 
‘‘(B) 
an 
agreement 
to 
share 
data, 
disaggregated by the smallest census tract, 
block group, or block possible for the data set, 
with Federal agencies and other providers of 
disaster relief, which shall include information 
the grantee has regarding the matters described 
in subsection (b)(4)(B); 
‘‘(C) identification of officials and offices 
responsible for administering such funds and 
processes and procedures for identifying and re-
covering duplicate benefits; 
‘‘(D) for grantees other than Indian tribes, 
a plan for compliance with the Fair Housing 
Act, which may include, at the election of the 
grantee, providing for partnerships with local 
fair housing organizations and funding set-aside 
for local fair housing organizations to handle 
complaints relating to assistance with amounts 
made available for use under this section; and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02259
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2260 
HR 7900 PCS
‘‘(E) a plan to provide for the funding and 
delivery of— 
‘‘(i) case management services to as-
sist disaster-impacted residents in identi-
fying, understanding, and accessing avail-
able assistance; and 
‘‘(ii) 
housing 
counseling 
services 
through housing counseling agencies ap-
proved by the Secretary to assist disaster- 
impacted residents with mortgage assist-
ance, housing affordability, homeowner-
ship, tenancy, avoiding foreclosure and 
eviction, and other housing counseling top-
ics; 
‘‘(F) a plan for addressing displacement or 
relocation caused by activities performed pursu-
ant to this section, 
such a plan shall set forth how housing coun-
seling services will be delivered in coordination 
with case management services; and 
‘‘(G) a plan for addressing displacement or 
relocation caused by activities performed pursu-
ant to this section. 
‘‘(2) IMPLEMENTATION
FUNDING.—To speed 
recovery, the Secretary may award a portion of a 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02260
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2261 
HR 7900 PCS
grant for implementation purposes under this sec-
tion at the time the Secretary announces the alloca-
tion of funds and before the Secretary has issued 
pre-grant certifications and the grantee has made 
required submissions to the Secretary, and with the 
following conditions: 
‘‘(A) Implementation funding under this 
paragraph shall not exceed 10 percent of the 
grant awarded under subsection (a). 
‘‘(B) Implementation funding shall be lim-
ited to eligible activities that, in the determina-
tion of the Secretary, will support faster recov-
ery, improve the grantee’s ability to assess 
unmet recovery needs, plan for the prevention 
of improper payments, and reduce fraud, waste, 
and abuse. 
‘‘(C) Awards under this subsection shall 
not be subject to the substantial compliance de-
termination under subsection (b)(4). 
‘‘(3) APPROVAL.— 
‘‘(A) IN GENERAL.—The Secretary shall, 
by regulation, specify criteria for approval of 
plans under paragraph (1), including approval 
of substantial amendments to such plans. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02261
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2262 
HR 7900 PCS
‘‘(B) PARTIAL APPROVAL.—The Secretary 
may approve a plan addressing the use of funds 
for unmet recovery needs under paragraph (1) 
before approving a plan addressing the use of 
funds for mitigation. 
‘‘(4) DISAPPROVAL.—The Secretary shall dis-
approve a plan or substantial amendment to a plan 
if— 
‘‘(A) the plan or substantial amendment 
does not meet the approval criteria; 
‘‘(B) based on damage and unmet needs 
assessments of the Secretary and the Federal 
Emergency Management Administration or 
such other information as may be available, the 
plan or substantial amendment describing ac-
tivities to address unmet recovery needs does 
not provide an allocation of resources that is 
reasonably proportional to unmet need— 
‘‘(i) between infrastructure and hous-
ing activities; and 
‘‘(ii) between homeowners, renters, 
and persons experiencing homelessness; 
‘‘(C) unless the plan is submitted by an In-
dian tribe, the plan or amendment does not pro-
vide an adequate plan for ensuring that funding 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02262
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2263 
HR 7900 PCS
provided under this section is used in compli-
ance with the Fair Housing Act; 
‘‘(D) the plan or substantial amendment 
does not adequately address, as determined by 
the Secretary in regulation, the unmet needs for 
replacement or rehabilitation of certain dis-
aster-damaged housing units, with cost adjust-
ment where appropriate, including damaged 
dwelling units in public housing, as such term 
is defined in section 3(b) of the United States 
Housing Act of 1937 (42 U.S.C. 1437a(b)), 
projects receiving tax credits pursuant to sec-
tion 42 of the Internal Revenue Code of 1986, 
or for projects assisted under section 8 of the 
Housing Act of 1937 (42 U.S.C. 1437f), under 
section 202 of the Housing Act of 1959 (12 
U.S.C. 1701q), under section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 8013), under the HOME Invest-
ment Partnerships Act (42 U.S.C. 12721 et 
seq.), under the community development block 
grant program under this title, or by the Hous-
ing Trust Fund under section 1338 of the Fed-
eral Housing Enterprises Financial Safety and 
Soundness Act of 1992 (12 U.S.C. 4568) or 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02263
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2264 
HR 7900 PCS
any low and moderate income dwelling units de-
molished or converted to a use other than for 
housing for low and moderate income persons, 
as defined in section 104(d) of this Act (42 
U.S.C. 5304(d)); 
‘‘(E) the plan or substantial amendment 
does not use a percentage of the grant, as de-
termined by the Secretary in regulation, for ac-
quisition, rehabilitation, reconstruction, or other 
activities permitted by the Secretary to provide 
affordable rental housing to benefit persons of 
low and moderate income, which rental housing 
will, upon completion, be occupied by such per-
sons; or 
‘‘(F) the plan or substantial amendment 
does not provide a process to provide appli-
cants— 
‘‘(i) notice by grantee of applicant’s 
right to administrative appeal of any ad-
verse action on the applicant’s application; 
and 
‘‘(ii) right to full discovery of appli-
cant’s entire application file. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02264
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2265 
HR 7900 PCS
‘‘(5) PUBLIC
CONSULTATION.—In developing 
the plan required under paragraph (1), a grantee 
shall, at a minimum— 
‘‘(A) consult with affected residents, stake-
holders, local governments, and public housing 
authorities to assess needs; 
‘‘(B) publish the plan in accordance with 
the requirements set forth by the Secretary, in-
cluding a requirement to prominently post the 
plan on the website of the grantee for not less 
than 14 days; 
‘‘(C) ensure equal access for individuals 
with disabilities and individuals with limited 
English proficiency; and 
‘‘(D) publish the plan in a manner that af-
fords citizens, affected local governments, and 
other interested parties a reasonable oppor-
tunity to examine the contents of the plan and 
provide feedback. 
‘‘(6) RESUBMISSION.—The Secretary shall per-
mit a grantee to revise and resubmit a disapproved 
plan or plan amendment. 
‘‘(7) TIMING.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
approve or disapprove a plan not later than 60 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02265
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2266 
HR 7900 PCS
days after submission of the plan to the Sec-
retary. The Secretary shall immediately notify 
the State, unit of general local government, or 
Indian tribe that submitted the plan or sub-
stantial amendment of the Secretary’s decision. 
‘‘(B) DISAPPROVAL.—If the Secretary dis-
approves a plan or a substantial amendment, 
not later than 15 days after such disapproval 
the Secretary shall inform the State, unit of 
general local government, or Indian tribe in 
writing of (i) the reasons for disapproval, and 
(ii) actions that the State, unit of general local 
government, or Indian tribe could take to meet 
the criteria for approval. 
‘‘(C) SUBSTANTIAL AMENDMENTS; RESUB-
MISSION.—The Secretary shall, for a period of 
not less than 45 days following the date of dis-
approval, permit the revision and resubmission 
of any plan or substantial amendment that is 
disapproved. The Secretary shall approve or 
disapprove a resubmission of any plan or sub-
stantial amendment not less than 30 days after 
receipt of such substantial amendments or re-
submission. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02266
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2267 
HR 7900 PCS
‘‘(D) GRANT
AGREEMENTS.—Subject to 
subsection (b)(3), the Secretary shall ensure 
that all grant agreements necessary for prompt 
disbursement of funds allocated to a grantee 
are signed by the Secretary within 60 days of 
approval of grantee’s plan describing the use of 
such funds. 
‘‘(d) FINANCIAL CONTROLS.— 
‘‘(1) COMPLIANCE
SYSTEM.—The Secretary 
shall develop and maintain a system to ensure that 
each grantee has and will maintain for the life of the 
grant— 
‘‘(A) proficient financial controls and pro-
curement processes; 
‘‘(B) adequate procedures to ensure that 
eligible applicants are approved for assistance 
with amounts made available for use under this 
section and that recipients are provided the full 
amount of assistance for which they are eligible, 
subject to funding availability; 
‘‘(C) adequate procedures to prevent any 
duplication of benefits, as defined by section 
312 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 
5155), to ensure timely expenditure of funds, 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02267
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2268 
HR 7900 PCS
and to detect and prevent waste, fraud, and 
abuse of funds; and 
‘‘(D) adequate procedures to ensure the 
grantee will maintain comprehensive and pub-
licly accessible websites that make available in-
formation regarding all disaster recovery activi-
ties assisted with such funds, which information 
shall include common reporting criteria estab-
lished by the Secretary that permits individuals 
and entities awaiting assistance and the general 
public to see how all grant funds are used, in-
cluding copies of all relevant, unredacted pro-
curement documents, grantee administrative 
contracts and details of ongoing procurement 
processes, as determined by the Secretary. 
‘‘(2) EVALUATION OF COMPLIANCE.—The Sec-
retary shall provide, by regulation or guideline, a 
method for qualitatively and quantitatively evalu-
ating compliance with the requirements under para-
graph (1). 
‘‘(3) CERTIFICATION.—Before making a grant, 
the Secretary shall certify in advance that the grant-
ee has in place the processes and procedures re-
quired under subparagraphs (A) through (D) of 
paragraph (1), as determined by the Secretary. No 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02268
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2269 
HR 7900 PCS
additional certification is necessary if the Secretary 
has recently certified that the grantee has the re-
quired processes and procedures. The Secretary may 
permit a State, unit of general local government, or 
Indian tribe to demonstrate compliance with require-
ments for adequate financial controls before disas-
ters occur and before receiving an allocation for a 
grant under this section. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) ADMINISTRATIVE COSTS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
establish by regulation the maximum grant 
amounts a State, unit of general local govern-
ment, or Indian tribe may use for administra-
tive costs, and for technical assistance and 
planning activities, taking into consideration 
size of grant, complexity of recovery, and other 
factors 
as 
determined 
by 
the 
Secretary. 
Amounts available for administrative costs for a 
grant under this section shall be available for 
eligible administrative costs of the grantee for 
any grant made under this section, without re-
gard to a particular disaster. 
‘‘(B) DISCRETION TO ESTABLISH SLIDING 
SCALE.—The Secretary may establish a series 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02269
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2270 
HR 7900 PCS
of percentage limitations on the amount of 
grant funds received that may be used by a 
grantee for administrative costs, but only if— 
‘‘(i) such percentage limitations are 
based on the amount of grant funds re-
ceived by a grantee; 
‘‘(ii) such series provides that the per-
centage that may be so used is lower for 
grantees receiving a greater amount of 
grant funds and such percentage that may 
be so used is higher for grantees receiving 
a lesser amount of grant funds; and 
‘‘(iii) in no case may a grantee so use 
more than 10 percent of grant funds re-
ceived. 
‘‘(2) LIMITATIONS ON USE.—Amounts from a 
grant under this section may not be used for activi-
ties— 
‘‘(A) that are reimbursable, or for which 
funds are made available, by the Federal Emer-
gency Management Agency, including under the 
Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act or the National Flood In-
surance Program; or 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02270
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2271 
HR 7900 PCS
‘‘(B) for which funds are made available 
by the Army Corps of Engineers. 
‘‘(3) HUD ADMINISTRATIVE COSTS.— 
‘‘(A) LIMITATION.—Of any funds made 
available to the Community Development Block 
Grant Declared Disaster Recovery Fund estab-
lished under section 124 or otherwise made 
available for use under this section by any sin-
gle appropriations Act, the Secretary may use 1 
percent of any such amount for necessary costs, 
including information technology costs, of ad-
ministering and overseeing the obligation and 
expenditure of amounts made available for use 
under this section. 
‘‘(B) TRANSFER OF FUNDS.—Any amounts 
made available for use in accordance with sub-
paragraph (A)— 
‘‘(i) shall be transferred to the appro-
priate salaries and expenses account in the 
Community Development Block Grant De-
clared Disaster Recovery Fund established 
under section 124 for use by the Office of 
Disaster Recovery and Resilient Commu-
nities; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02271
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2272 
HR 7900 PCS
‘‘(ii) shall remain available until ex-
pended; and 
‘‘(iii) may be used for administering 
any funds appropriated for the same pur-
poses described in section 123(a) to the 
Community Development fund or Commu-
nity Development Block Grant Declared 
Disaster Recovery Fund established under 
section 124 in any prior or future Act, not-
withstanding the disaster for which such 
funds were appropriated. 
‘‘(4) INSPECTOR
GENERAL.—Of any funds 
made available for use in accordance with paragraph 
(3)(A), 15 percent shall be transferred to the Office 
of the Inspector General for necessary costs of au-
dits, reviews, oversight, evaluation, and investiga-
tions relating to amounts made available for use 
under this section. 
‘‘(5) CAPACITY BUILDING.—Of any funds made 
available for use under this section, not more than 
0.1 percent or $15,000,000, whichever is less, shall 
be made available to the Secretary for capacity 
building and technical assistance, including assist-
ance regarding contracting and procurement proc-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02272
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2273 
HR 7900 PCS
esses, to support grantees and subgrantees receiving 
funds under this section. 
‘‘(6) MITIGATION PLANNING.— 
‘‘(A) REQUIREMENT.—The Secretary shall 
require each grantee to use a fixed percentage 
of any allocation for mitigation for comprehen-
sive mitigation planning, subject to the limita-
tions on funds in paragraph (2). 
‘‘(B) AMOUNT.—The Secretary may estab-
lish such fixed percentage by regulation and 
may establish a lower percentage for grantees 
receiving a grant exceeding $1,000,000,000. 
‘‘(C) COORDINATION.—Each grantee shall 
ensure that such comprehensive mitigation 
planning is coordinated and aligned with exist-
ing comprehensive, land use, transportation, 
and economic development plans, and specifi-
cally analyze multiple types of hazard exposures 
and risks. Each grantee shall coordinate and 
align such mitigation planning with other miti-
gation projects funded by the Federal Emer-
gency Management Agency, the Army Corps of 
Engineers, the Forest Service, and other agen-
cies as appropriate. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02273
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2274 
HR 7900 PCS
‘‘(D) USE OF FUNDS.—Such funds may be 
used for the purchase of data and development 
or updating of risk mapping for all relevant 
hazards. 
‘‘(E) PRIORITY.—Grantees shall prioritize 
the expenditure of grant funds to support haz-
ard mitigation and resiliency funds for activities 
primarily benefitting persons of low and mod-
erate income with the greatest risk of harm 
from natural hazards. 
‘‘(7) BUILDING SAFETY.— 
‘‘(A) IN GENERAL.—In consultation with 
the Administrator of the Federal Emergency 
Management Agency, the Secretary shall pro-
vide that no funds made available under this 
section shall be used for installation, substantial 
rehabilitation, reconstruction, or new construc-
tion of infrastructure or residential, commercial, 
or public buildings in hazard-prone areas, un-
less construction complies with paragraph (8) 
and with the latest published editions of rel-
evant national consensus-based codes, and spec-
ifications and standards referenced therein, ex-
cept that nothing in this section shall be con-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02274
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2275 
HR 7900 PCS
strued to prohibit a grantee from requiring 
higher standards. 
‘‘(B) SAVINGS
PROVISION.—Nothing in 
subparagraph (A) shall be construed as a re-
quirement for a grantee to adopt the latest pub-
lished editions of relevant national consensus- 
based codes, specifications, and standards. 
‘‘(C) COMPLIANCE.—Compliance with this 
paragraph may be certified by a suitable design 
professional. 
‘‘(D) DEFINITIONS.—For purposes of this 
paragraph, the following definitions shall apply: 
‘‘(i) 
HAZARD-PRONE
AREAS.—The 
term ‘hazard-prone areas’ means areas 
identified by the Secretary, in consultation 
with the Administrator, at risk from nat-
ural hazards that threaten property dam-
age or health, safety, and welfare, such as 
floods (including special flood hazard 
areas), wildfires (including Wildland-Urban 
Interface areas), earthquakes, tornados, 
and high winds. The Secretary may con-
sider future risks and the likelihood such 
risks may pose to protecting property and 
health, safety, and general welfare when 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02275
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2276 
HR 7900 PCS
making the determination of or modifica-
tion to hazard-prone areas. 
‘‘(ii) LATEST PUBLISHED EDITIONS.— 
The term ‘latest published editions’ means, 
with respect to relevant national con-
sensus-based codes, and specifications and 
standards referenced therein, the two most 
recent published editions, including, if any, 
amendments made by States, units of gen-
eral local government, or Indian tribes dur-
ing the adoption process, that incorporate 
the latest natural hazard-resistant designs 
and establish criteria for the design, con-
struction, and maintenance of structures 
and facilities that may be eligible for as-
sistance under this section for the purposes 
of protecting the health, safety, and gen-
eral welfare of a structure’s or facility’s 
users against disasters. 
‘‘(8) FLOOD RISK MITIGATION.— 
‘‘(A) REQUIREMENTS.—Subject to sub-
paragraph (B), the Secretary shall require that 
any structure that is located in an area having 
special flood hazards and that is newly con-
structed, for which substantial damage is re-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02276
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2277 
HR 7900 PCS
paired, or that is substantially improved, using 
amounts made available under this section, 
shall be elevated with the lowest floor, including 
the basement, at least two feet above the base 
flood level, or to a future flood protection 
standard that provides equivalent protection 
and is developed in conjunction with the Admin-
istrator of the Federal Emergency Management 
Agency, except that critical facilities, including 
hospitals, nursing homes, and other public fa-
cilities providing social and economic lifelines, 
as defined by the Secretary, shall be elevated at 
least 3 feet above the base flood elevation (or 
higher if required under paragraph (7)). 
‘‘(B) ALTERNATIVE
MITIGATION.—In the 
case of existing structures consisting of multi-
family housing and row houses, and other 
structures, as determined by the Secretary, the 
Secretary shall seek consultation with the Ad-
ministrator of the Federal Emergency Manage-
ment Agency, shall provide for alternative forms 
of mitigation (apart from elevation), and shall 
exempt from the requirement under subpara-
graph (A) any such structure that meets the 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02277
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2278 
HR 7900 PCS
standards for such an alternative form of miti-
gation. 
‘‘(C) DEFINITIONS.—For purposes of sub-
paragraph (A), the terms ‘area having special 
flood hazards’, ‘newly constructed’, ‘substantial 
damage’, ‘substantial improvement’, and ‘base 
flood level’ have the same meanings as under 
the Flood Disaster Protection Act of 1973 and 
the National Flood Insurance Act of 1968 (42 
U.S.C. 4001 et seq.). 
‘‘(f) 
ADMINISTRATION.—In 
administering 
any 
amounts made available for assistance under this section, 
the Secretary— 
‘‘(1) may not allow a grantee to use any such 
amounts for any purpose other than the purpose ap-
proved by the Secretary in the plan or amended plan 
submitted under subsection (c) to the Secretary for 
use of such amounts; and 
‘‘(2) shall prohibit a grantee from delegating, 
by contract or otherwise, the responsibility for inher-
ent government functions. 
‘‘(g) TRAINING FOR GRANT MANAGEMENT FOR SUB-
GRANTEES.—The Secretary shall require each grantee to 
provide ongoing training to all staff and subgrantees. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02278
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2279 
HR 7900 PCS
‘‘(h) PROCUREMENT PROCESSES AND PROCEDURES 
FOR GRANTEES.— 
‘‘(1) 
GRANTEE
PROCESSES
AND
PROCE-
DURES.—In procuring property or services to be 
paid for in whole or in part with amounts from a 
grant under this section, a grantee shall— 
‘‘(A) follow its own procurement processes 
and procedures, but only if the Secretary makes 
a determination that such processes and proce-
dures comply with the requirements under 
paragraph (2); or 
‘‘(B) comply with such processes and pro-
cedures as the Secretary shall, by regulation, 
establish for purposes of this section. 
‘‘(2) REQUIREMENTS.—The requirements under 
this paragraph with respect to such processes and 
procedures shall— 
‘‘(A) provide for full and open competition 
and compliance with applicable statutory re-
quirements on the use of Federal funds, and re-
quire cost or price analysis; 
‘‘(B) include requirements for procurement 
policies and procedures for subgrantees; 
‘‘(C) specify methods of procurement and 
their applicability, but not allow cost-plus-a-per-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02279
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2280 
HR 7900 PCS
centage-of cost or percentage-of-construction- 
cost methods of procurement; 
‘‘(D) include standards of conduct gov-
erning employees engaged in the award or ad-
ministration of contracts; and 
‘‘(E) ensure that all purchase orders and 
contracts include any clauses required by Fed-
eral statute, Executive order, or implementing 
regulation. 
‘‘(i) 
TREATMENT
OF
CDBG 
ALLOCATIONS.— 
Amounts made available for use under this section shall 
not be considered relevant to the non-disaster formula al-
locations made pursuant to section 106 of this title (42 
U.S.C. 5306). 
‘‘(j) WAIVERS.— 
‘‘(1) AUTHORITY.—Subject to the other provi-
sions of this section, in administering amounts made 
available for use under this section, the Secretary 
may waive, or specify alternative requirements for, 
any provision of any statute or regulation that the 
Secretary administers in connection with the obliga-
tion by the Secretary or the use by the recipient of 
such funds (except for requirements related to fair 
housing, nondiscrimination, labor standards, and the 
environment and except for the requirements of this 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02280
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2281 
HR 7900 PCS
section), if the Secretary makes a public finding that 
good cause exists for the waiver or alternative re-
quirement and such waiver or alternative require-
ment would not be inconsistent with the overall pur-
poses of this title. 
‘‘(2) NOTICE AND PUBLICATION.—Any waiver 
of or alternative requirement pursuant to paragraph 
(1) shall not take effect before the expiration of the 
5-day period beginning upon the publication of no-
tice in the Federal Register of such waiver or alter-
native requirement. 
‘‘(3) APPLICABLE
REQUIREMENTS
AND
BEN-
EFIT TO LOW- AND MODERATE-INCOME PERSONS.— 
‘‘(A) IN GENERAL.—The requirements in 
this Act that apply to grants made under sec-
tion 106 of this title (except those related to the 
allocation) apply equally to grants under this 
section unless modified by a waiver or alter-
native requirement pursuant to paragraph (1). 
‘‘(B) LIMITATION.—Notwithstanding sub-
paragraph (A), the Secretary may not grant a 
waiver or alternative requirement to reduce the 
percentage of funds that must be used for ac-
tivities that benefit persons of low and mod-
erate income to less than 70 percent, unless the 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02281
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2282 
HR 7900 PCS
Secretary specifically finds that there is compel-
ling need to further reduce the percentage re-
quirement and that funds are not necessary to 
address the housing needs of low- and mod-
erate-income residents. 
‘‘(4) PROHIBITION.—The Secretary may not 
use the authority under paragraph (1) to waive any 
provision of this section. 
‘‘(k) ENVIRONMENTAL REVIEW.— 
‘‘(1) ADOPTION.—Notwithstanding subsection 
(j)(1), recipients of funds provided under this section 
that use such funds to supplement Federal assist-
ance provided under section 402, 403, 404, 406, 
407, 408(c)(4), 428, or 502 of the Robert T. Staf-
ford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.) may adopt, without review 
or public comment, any environmental review, ap-
proval, or permit performed by a Federal agency, 
and such adoption shall satisfy the responsibilities of 
the recipient with respect to such environmental re-
view, approval, or permit under section 104(g)(1) of 
this title (42 U.S.C. 5304(g)(1)). 
‘‘(2) RELEASE
OF
FUNDS.—Notwithstanding 
section 
104(g)(2) 
of 
this 
title 
(42 
U.S.C. 
5304(g)(2)), the Secretary may, upon receipt of a 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02282
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2283 
HR 7900 PCS
request for release of funds and certification, imme-
diately approve the release of funds for an activity 
or project assisted with amounts made available for 
use under this section if the recipient has adopted 
an environmental review, approval or permit under 
paragraph (1) or the activity or project is categori-
cally excluded from review under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(3) STATE
ACTIONS.—The requirements of 
section 104(g)(4) shall apply to assistance under 
this section that a State distributes to a unit of gen-
eral local government. 
‘‘(l) COLLECTION
OF INFORMATION; AUDITS
AND 
OVERSIGHT.— 
‘‘(1) COLLECTION OF INFORMATION.—For each 
major disaster for which assistance is made available 
under this section, the Secretary shall collect infor-
mation from grantees regarding all recovery activi-
ties so assisted, including information on applicants 
and recipients of assistance, and shall make such in-
formation available to the public and to the Inspec-
tor General for the Department of Housing and 
Urban Development on a monthly basis using uni-
form data collection practices, and shall provide a 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02283
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2284 
HR 7900 PCS
quarterly update to the Congress regarding compli-
ance with this section. Information collected and re-
ported by grantees and the Secretary shall be 
disaggregated by program, race, income, geography, 
and all protected classes of individuals under the 
Americans with Disabilities Act of 1990, the Fair 
Housing Act, the Civil Rights Act of 1964, and 
other civil rights and nondiscrimination protections, 
with respect to the smallest census tract, block 
group, or block possible for the data set. 
‘‘(2) AVAILABILITY OF INFORMATION.—In car-
rying out this paragraph, the Secretary may make 
full and unredacted information available to aca-
demic and research institutions for the purpose of 
research into the equitable distribution of recovery 
funds, adherence to civil rights protections, and 
other areas. 
‘‘(3) PROTECTION OF INFORMATION.—The Sec-
retary shall take such actions and make such 
redactions as may be necessary to ensure that per-
sonally identifiable information regarding recipients 
of assistance provided from funds made available 
under this section shall not made publicly available. 
‘‘(4) AUDITS AND OVERSIGHT.—In conducting 
audits, reviews, oversight, evaluation, and investiga-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02284
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2285 
HR 7900 PCS
tions, in addition to activities designed to prevent 
and detect waste, fraud, and abuse, the Inspector 
General shall review activities carried out by grant-
ees under this section to ensure such programs fulfill 
their authorized purposes, as identified in the grant-
ee’s action plan. 
‘‘(m) PLAN PRE-CERTIFICATION FOR STATES AND 
UNITS OF GENERAL LOCAL GOVERNMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall carry 
out a program under this subsection to provide for 
States and units of general local government to pre- 
certify as eligible grantees for assistance under this 
section. The objective of such program shall be to— 
‘‘(A) allow grantees that have consistently 
demonstrated the ability to administer funds re-
sponsibly and equitably in similar disasters to 
utilize in subsequent years plans which are sub-
stantially similar to those the Department has 
previously approved; and 
‘‘(B) facilitate the re-use of a plan or its 
substantially similar equivalent by a pre-cer-
tified grantee for whom the plan has previously 
been approved and executed upon. 
‘‘(2) REQUIREMENTS.—To be eligible for pre- 
certification under the program under this sub-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02285
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2286 
HR 7900 PCS
section a State or unit of general local government 
shall— 
‘‘(A) demonstrate to the satisfaction of the 
Secretary compliance with the requirements of 
this section; and 
‘‘(B) have previously submitted a plan or 
its substantially similar equivalent and received 
assistance thereunder as a grantee or sub-
grantee under this section, or with amounts 
made available for the Community Development 
Block Grant—Disaster Recovery account, in 
connection with two or more major disasters de-
clared pursuant to the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.). 
‘‘(3) APPROVAL OF PLANS.— 
‘‘(A) EXPEDITED APPROVAL PROCESSES.— 
The Secretary shall establish and maintain 
processes for expediting approval of plans for 
States and units of general local government 
that are pre-certified under this subsection. 
‘‘(B) EFFECT
OF
PRE-CERTIFICATION.— 
Pre-certification pursuant to this subsection 
shall not— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02286
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2287 
HR 7900 PCS
‘‘(i) establish any entitlement to, or 
priority or preference for, allocation of 
funds made available under this section; or 
‘‘(ii) exempt any grantee from com-
plying with any of the requirements under, 
or established pursuant to, subsection (c) 
or (d). 
‘‘(4) DURATION.—Pre-certification under this 
subsection shall be effective for a term of 5 years. 
‘‘(n) DEPOSIT OF UNUSED AMOUNTS IN FUND.— 
‘‘(1) UNMET
NEEDS.—If any amounts made 
available for assistance for unmet needs under this 
section to grantees remain unexpended upon the ear-
lier of— 
‘‘(A) the date that the grantee of such 
amounts notifies the Secretary that the grantee 
has completed all activities identified in the 
grantee’s plan for use of such amounts that was 
approved by the Secretary in connection with 
such grant; or 
‘‘(B) the expiration of the 6-year period 
beginning upon the Secretary obligating such 
amounts to the grantee, as such period may be 
extended pursuant to paragraph (3); 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02287
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2288 
HR 7900 PCS
the Secretary may, subject to authority provided in 
advance by appropriations Acts, transfer such unex-
pended amounts to the Secretary of the Treasury for 
deposit into the Community Development Block 
Grant Declared Disaster Recovery Fund established 
under section 124, except that the Secretary may, by 
regulation, permit the grantee to retain amounts 
needed to close out the grant. 
‘‘(2) MITIGATION.—If any amounts made avail-
able for assistance for mitigation under this section 
to grantees remain unexpended upon the earlier of— 
‘‘(A) the date that the grantee of such 
amounts notifies the Secretary that the grantee 
has completed all activities identified in the 
grantee’s plan for use of such amounts that was 
approved by the Secretary in connection with 
such grant; or 
‘‘(B) the expiration of the 12-year period 
beginning upon the Secretary obligating such 
amounts to the grantee, as such period may be 
extended pursuant to paragraph (3); 
the Secretary may, subject to authority provided in 
advance by appropriations Acts, transfer such unex-
pended amounts to the Secretary of the Treasury for 
deposit into the Community Development Block 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02288
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2289 
HR 7900 PCS
Grant Declared Disaster Recovery Fund established 
under section 124, except that the Secretary may, by 
regulation, permit the grantee to retain amounts 
needed to close out the grant. 
‘‘(3) EXTENSION
OF
PERIOD
OF
PERFORM-
ANCE.— 
‘‘(A) UNMET NEEDS.— 
‘‘(i) IN GENERAL.—The period of per-
formance under paragraph (1)(B) shall be 
extended by not more than 4 years if, be-
fore the expiration of such 6-year period, 
the Secretary waives this requirement and 
submits a written justification for such 
waiver to the Committees on Appropria-
tions of the House of Representatives and 
the Senate that specifies the amended pe-
riod of performance under the waiver. 
‘‘(ii) 
INSULAR
AREAS.—For 
any 
amounts made available for unmet needs 
under this section to a grantee that is an 
insular area as defined in section 102, the 
Secretary may extend the period of per-
formance under clause (i) by not more 
than an additional 4 years, and shall pro-
vide additional technical assistance to help 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02289
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2290 
HR 7900 PCS
increase capacity within the insular area 
receiving such extension. If the Secretary 
extends the period of performance pursu-
ant to this subparagraph, the Secretary 
shall submit a written justification for such 
extension to the Committees on Appropria-
tions of the House of Representatives and 
the Senate that specifies the period of such 
extension. 
‘‘(B) 
MITIGATION.—The 
period 
under 
paragraph (2)(B) shall be extended to a date 
determined by the Secretary if, before the expi-
ration of such 12-year period, the Secretary 
issues a waiver to amend the period of perform-
ance and submits a written justification for 
such waiver to the Committees on Appropria-
tions of the House of Representatives and the 
Senate that specifies the amended period of 
performance under the waiver. 
‘‘(o) BEST PRACTICES.— 
‘‘(1) STUDY.—The Secretary, in consultation 
with the Administrator of the Federal Emergency 
Management Agency, shall identify best practices for 
grantees on issues including developing the action 
plan and substantial amendments under subsection 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02290
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2291 
HR 7900 PCS
(c) and substantive amendments, establishing finan-
cial controls, building grantee technical and adminis-
trative capacity, procurement, compliance with Fair 
Housing Act statute and regulations, and use of 
grant funds as local match for other sources of Fed-
eral funding. The Secretary shall publish a compila-
tion of such identified best practices and share with 
all relevant grantees, including States, units of gen-
eral local government, and Indian tribes to facilitate 
a more efficient and effective disaster recovery proc-
ess. The compilation shall include— 
‘‘(A) guidelines for housing and economic 
revitalization programs, including mitigation, 
with sufficient model language on program de-
sign for grantees to incorporate into action 
plans; and 
‘‘(B) standards for at least form of appli-
cation, determining unmet need, and income eli-
gibility. 
‘‘(2) EXPEDITED REVIEW.— 
‘‘(A) REQUIREMENTS.—After publication 
of the final compilation required by paragraph 
(1), the Secretary shall issue either Federal reg-
ulations, as part of the final rule required 
under section 5403(b) of the National Defense 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02291
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2292 
HR 7900 PCS
Authorization Act for Fiscal Year 2023 or as a 
separate rule, or a Federal Register notice solic-
iting public comment for at least 60 days, that 
establishes grant requirements, including the 
requirements that grantees must follow in order 
to qualify for expedited review and approval of 
a plan or substantial amendment required by 
subsection (c) of this section. 
‘‘(B) APPROVAL; DISAPPROVAL.—The Sec-
retary shall approve or disapprove plans or sub-
stantial amendments of grantees that comply 
with the requirements for such expedited review 
within 45 days. 
‘‘(C) STANDARDIZATION.——The require-
ments for expedited review shall establish 
standard language for inclusion in action plans 
and substantial amendments under subsection 
(c) of this section and for establishing stand-
ardized programs and activities recognized by 
the Secretary. 
‘‘(D) APPLICABILITY OF GRANT REQUIRE-
MENTS.—Compliance with the requirements for 
expedited review shall not exempt grantees from 
complying with grant requirements, including 
requirements for public comment, community 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02292
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2293 
HR 7900 PCS
citizen participation, and establishing and main-
taining a public website. 
‘‘(E) REVISION.—The Secretary may re-
vise the requirements for expedited review at 
any time after a public comment period of at 
least 60 days. 
‘‘(p) DEFINITIONS.—For purposes of this section: 
‘‘(1) GRANTEE.—The term ‘grantee’ means a 
recipient of funds made available under this section 
after its enactment. 
‘‘(2) SUBSTANTIALLY SIMILAR.—The term ‘sub-
stantially similar’ means, with respect to a plan, a 
plan previously approved by the Department, admin-
istered successfully by the grantee, and relating to 
disasters of the same type. 
‘‘SEC. 124. COMMUNITY DEVELOPMENT BLOCK GRANT DE-
CLARED DISASTER RECOVERY FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States an account to be known 
as the Community Development Block Grant Declared 
Disaster Recovery Fund (in this section referred to as the 
‘Fund’). 
‘‘(b) AMOUNTS.—The Fund shall consist of any 
amounts appropriated to or deposited into the Fund, in-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02293
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2294 
HR 7900 PCS
cluding amounts deposited into the Fund pursuant to sec-
tion 123. 
‘‘(c) USE.—Amounts in the Fund shall be available, 
pursuant to the occurrence of a major disaster declared 
under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act, only for providing technical assist-
ance and capacity building in connection with section 123 
for grantees under such section that have been allocated 
assistance under such section in connection with such dis-
aster to facilitate planning required under such section 
and increase capacity to administer assistance provided 
under such section, including for technical assistance and 
training building and fire officials, builders, contractors 
and subcontractors, architects, and other design and con-
struction professionals regarding the latest published edi-
tions of national consensus-based codes, specifications, 
and standards (as such term is defined in section 
123(e)(7)).’’. 
(b) REGULATIONS.— 
(1) PROPOSED RULE.—Not later than the expi-
ration of the 12-month period beginning on the date 
of the enactment of this Act, the Secretary of Hous-
ing and Urban Development shall issue proposed 
rules to carry out sections 123 and 124 of the Hous-
ing and Community Development Act of 1974, as 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02294
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2295 
HR 7900 PCS
added by the amendment made by subsection (a) of 
this section, and shall provide a 60-day period for 
submission of public comments on such proposed 
rule. 
(2) FINAL RULE.—Not later than the expira-
tion of the 24-month period beginning on the date 
of the enactment of this Act, the Secretary of Hous-
ing and Urban Development, in consultation with 
the Administrator of the Federal Emergency Man-
agement Agency, shall issue final regulations to 
carry out sections 123 and 124 of the Housing and 
Community Development Act of 1974, as added by 
the amendment made by subsection (a) of this sec-
tion. 
Subtitle B—SAFE Banking 
SEC. 5461. SHORT TITLE; TABLE OF CONTENTS; PURPOSE. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Secure And Fair Enforcement Banking Act of 2022’’ or 
the ‘‘SAFE Banking Act of 2022’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this subtitle is as follows: 
Subtitle B—SAFE Banking 
Sec. 5461. Short title; table of contents; purpose. 
Sec. 5462. Safe harbor for depository institutions. 
Sec. 5463. Protections for ancillary businesses. 
Sec. 5464. Protections under Federal law. 
Sec. 5465. Rules of construction. 
Sec. 5466. Requirements for filing suspicious activity reports. 
Sec. 5467. Guidance and examination procedures. 
Sec. 5468. Annual diversity and inclusion report. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02295
Fmt 6652
Sfmt 6211
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2296 
HR 7900 PCS
Sec. 5469. GAO study on diversity and inclusion. 
Sec. 5470. GAO study on effectiveness of certain reports on finding certain per-
sons. 
Sec. 5471. Application of this subtitle with respect to hemp-related legitimate 
businesses and hemp-related service providers. 
Sec. 5472. Banking services for hemp-related legitimate businesses and hemp- 
related service providers. 
Sec. 5473. Requirements for deposit account termination requests and orders. 
Sec. 5474. Definitions. 
Sec. 5475. Discretionary surplus funds. 
(c) PURPOSE.—The purpose of this subtitle is to in-
crease public safety by ensuring access to financial serv-
ices to cannabis-related legitimate businesses and service 
providers and reducing the amount of cash at such busi-
nesses. 
SEC. 5462. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. 
(a) IN GENERAL.—A Federal banking regulator may 
not— 
(1) terminate or limit the deposit insur-
ance or share insurance of a depository institu-
tion under the Federal Deposit Insurance Act 
(12 U.S.C. 1811 et seq.), the Federal Credit 
Union Act (12 U.S.C. 1751 et seq.), or take 
any other adverse action against a depository 
institution under section 8 of the Federal De-
posit Insurance Act (12 U.S.C. 1818) solely be-
cause the depository institution provides or has 
provided financial services to a cannabis-related 
legitimate business or service provider; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02296
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2297 
HR 7900 PCS
(2) prohibit, penalize, or otherwise discour-
age a depository institution from providing fi-
nancial services to a cannabis-related legitimate 
business or service provider or to a State, polit-
ical subdivision of a State, or Indian Tribe that 
exercises jurisdiction over cannabis-related le-
gitimate businesses; 
(3) recommend, incentivize, or encourage a 
depository institution not to offer financial serv-
ices to an account holder, or to downgrade or 
cancel the financial services offered to an ac-
count holder solely because— 
(A) the account holder is a cannabis- 
related legitimate business or service pro-
vider, or is an employee, owner, or oper-
ator of a cannabis-related legitimate busi-
ness or service provider; 
(B) the account holder later becomes 
an employee, owner, or operator of a can-
nabis-related legitimate business or service 
provider; or 
(C) the depository institution was not 
aware that the account holder is an em-
ployee, owner, or operator of a cannabis-re-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02297
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2298 
HR 7900 PCS
lated legitimate business or service pro-
vider; 
(4) take any adverse or corrective super-
visory action on a loan made to— 
(A) a cannabis-related legitimate busi-
ness or service provider, solely because the 
business is a cannabis-related legitimate 
business or service provider; 
(B) an employee, owner, or operator 
of a cannabis-related legitimate business or 
service provider, solely because the em-
ployee, owner, or operator is employed by, 
owns, or operates a cannabis-related legiti-
mate business or service provider, as appli-
cable; or 
(C) an owner or operator of real es-
tate or equipment that is leased to a can-
nabis-related legitimate business or service 
provider, solely because the owner or oper-
ator of the real estate or equipment leased 
the equipment or real estate to a cannabis- 
related legitimate business or service pro-
vider, as applicable; or 
(5) prohibit or penalize a depository insti-
tution (or entity performing a financial service 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02298
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2299 
HR 7900 PCS
for or in association with a depository institu-
tion) for, or otherwise discourage a depository 
institution (or entity performing a financial 
service for or in association with a depository 
institution) from, engaging in a financial service 
for a cannabis-related legitimate business or 
service provider. 
(b) SAFE HARBOR APPLICABLE TO DE NOVO INSTI-
TUTIONS.—Subsection (a) shall apply to an institution ap-
plying for a depository institution charter to the same ex-
tent as such subsection applies to a depository institution. 
SEC. 5463. PROTECTIONS FOR ANCILLARY BUSINESSES. 
For the purposes of sections 1956 and 1957 of title 
18, United States Code, and all other provisions of Fed-
eral law, the proceeds from a transaction involving activi-
ties of a cannabis-related legitimate business or service 
provider shall not be considered proceeds from an unlawful 
activity solely because— 
(1) the transaction involves proceeds from a 
cannabis-related legitimate business or service pro-
vider; or 
(2) the transaction involves proceeds from— 
(A) cannabis-related activities described in 
section 5474(4)(B) conducted by a cannabis-re-
lated legitimate business; or 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02299
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2300 
HR 7900 PCS
(B) 
activities 
described 
in 
section 
5474(13)(A) conducted by a service provider. 
SEC. 5464. PROTECTIONS UNDER FEDERAL LAW. 
(a) IN GENERAL.—With respect to providing a finan-
cial service to a cannabis-related legitimate business 
(where such cannabis-related legitimate business operates 
within a State, political subdivision of a State, or Indian 
country that allows the cultivation, production, manufac-
ture, sale, transportation, display, dispensing, distribution, 
or purchase of cannabis pursuant to a law or regulation 
of such State, political subdivision, or Indian Tribe that 
has jurisdiction over the Indian country, as applicable) or 
a service provider (wherever located), a depository institu-
tion, entity performing a financial service for or in associa-
tion with a depository institution, or insurer that provides 
a financial service to a cannabis-related legitimate busi-
ness or service provider, and the officers, directors, and 
employees of that depository institution, entity, or insurer 
may not be held liable pursuant to any Federal law or 
regulation— 
(1) solely for providing such a financial service; 
or 
(2) for further investing any income derived 
from such a financial service. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02300
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2301 
HR 7900 PCS
(b) PROTECTIONS FOR FEDERAL RESERVE BANKS 
AND FEDERAL HOME LOAN BANKS.—With respect to 
providing a service to a depository institution that pro-
vides a financial service to a cannabis-related legitimate 
business (where such cannabis-related legitimate business 
operates within a State, political subdivision of a State, 
or Indian country that allows the cultivation, production, 
manufacture, sale, transportation, display, dispensing, dis-
tribution, or purchase of cannabis pursuant to a law or 
regulation of such State, political subdivision, or Indian 
Tribe that has jurisdiction over the Indian country, as ap-
plicable) or service provider (wherever located), a Federal 
reserve bank or Federal Home Loan Bank, and the offi-
cers, directors, and employees of the Federal reserve bank 
or Federal Home Loan Bank, may not be held liable pur-
suant to any Federal law or regulation— 
(1) solely for providing such a service; or 
(2) for further investing any income derived 
from such a service. 
(c) PROTECTIONS FOR INSURERS.—With respect to 
engaging in the business of insurance within a State, polit-
ical subdivision of a State, or Indian country that allows 
the cultivation, production, manufacture, sale, transpor-
tation, display, dispensing, distribution, or purchase of 
cannabis pursuant to a law or regulation of such State, 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02301
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2302 
HR 7900 PCS
political subdivision, or Indian Tribe that has jurisdiction 
over the Indian country, as applicable, an insurer that en-
gages in the business of insurance with a cannabis-related 
legitimate business or service provider or who otherwise 
engages with a person in a transaction permissible under 
State law related to cannabis, and the officers, directors, 
and employees of that insurer may not be held liable pur-
suant to any Federal law or regulation— 
(1) solely for engaging in the business of insur-
ance; or 
(2) for further investing any income derived 
from the business of insurance. 
(d) FORFEITURE.— 
(1) DEPOSITORY INSTITUTIONS.—A depository 
institution that has a legal interest in the collateral 
for a loan or another financial service provided to an 
owner, employee, or operator of a cannabis-related 
legitimate business or service provider, or to an 
owner or operator of real estate or equipment that 
is leased or sold to a cannabis-related legitimate 
business or service provider, shall not be subject to 
criminal, civil, or administrative forfeiture of that 
legal interest pursuant to any Federal law for pro-
viding such loan or other financial service. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02302
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2303 
HR 7900 PCS
(2) FEDERAL RESERVE BANKS AND FEDERAL 
HOME
LOAN
BANKS.—A Federal reserve bank or 
Federal Home Loan Bank that has a legal interest 
in the collateral for a loan or another financial serv-
ice provided to a depository institution that provides 
a financial service to a cannabis-related legitimate 
business or service provider, or to an owner or oper-
ator of real estate or equipment that is leased or 
sold to a cannabis-related legitimate business or 
service provider, shall not be subject to criminal, 
civil, or administrative forfeiture of that legal inter-
est pursuant to any Federal law for providing such 
loan or other financial service. 
SEC. 5465. RULES OF CONSTRUCTION. 
(a) NO REQUIREMENT
TO PROVIDE FINANCIAL 
SERVICES.—Nothing in this subtitle shall require a depos-
itory institution, entity performing a financial service for 
or in association with a depository institution, or insurer 
to provide financial services to a cannabis-related legiti-
mate business, service provider, or any other business. 
(b) GENERAL EXAMINATION, SUPERVISORY, AND 
ENFORCEMENT AUTHORITY.—Nothing in this subtitle 
may be construed in any way as limiting or otherwise re-
stricting the general examination, supervisory, and en-
forcement authority of the Federal banking regulators, 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02303
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2304 
HR 7900 PCS
provided that the basis for any supervisory or enforcement 
action is not the provision of financial services to a can-
nabis-related legitimate business or service provider. 
(c) BUSINESS OF INSURANCE.—Nothing in this sub-
title shall interfere with the regulation of the business of 
insurance in accordance with the Act of March 9, 1945 
(59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (com-
monly known as the ‘‘McCarran-Ferguson Act’’) and the 
Dodd-Frank Wall Street Reform and Consumer Protec-
tion Act (12 U.S.C. 5301 et seq.). 
SEC. 5466. REQUIREMENTS FOR FILING SUSPICIOUS ACTIV-
ITY REPORTS. 
Section 5318(g) of title 31, United States Code, is 
amended by adding at the end the following: 
‘‘(5) REQUIREMENTS FOR CANNABIS-RELATED 
LEGITIMATE BUSINESSES.— 
‘‘(A) IN GENERAL.—With respect to a fi-
nancial institution or any director, officer, em-
ployee, or agent of a financial institution that 
reports a suspicious transaction pursuant to 
this subsection, if the reason for the report re-
lates to a cannabis-related legitimate business 
or service provider, the report shall comply with 
appropriate guidance issued by the Financial 
Crimes Enforcement Network. Not later than 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02304
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2305 
HR 7900 PCS
the end of the 180-day period beginning on the 
date of enactment of this paragraph, the Sec-
retary shall update the February 14, 2014, 
guidance titled ‘BSA Expectations Regarding 
Marijuana-Related 
Businesses’ 
(FIN–2014– 
G001) to ensure that the guidance is consistent 
with the purpose and intent of the SAFE 
Banking Act of 2022 and does not significantly 
inhibit the provision of financial services to a 
cannabis-related legitimate business or service 
provider in a State, political subdivision of a 
State, or Indian country that has allowed the 
cultivation, production, manufacture, transpor-
tation, display, dispensing, distribution, sale, or 
purchase of cannabis pursuant to law or regula-
tion of such State, political subdivision, or In-
dian Tribe that has jurisdiction over the Indian 
country. 
‘‘(B) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) CANNABIS.—The term ‘cannabis’ 
has the meaning given the term ‘mari-
huana’ in section 102 of the Controlled 
Substances Act (21 U.S.C. 802). 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02305
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2306 
HR 7900 PCS
‘‘(ii) CANNABIS-RELATED LEGITIMATE 
BUSINESS.—The term ‘cannabis-related le-
gitimate business’ has the meaning given 
that term in section 5474 of the SAFE 
Banking Act of 2022. 
‘‘(iii) INDIAN
COUNTRY.—The term 
‘Indian country’ has the meaning given 
that term in section 1151 of title 18. 
‘‘(iv) INDIAN TRIBE.—The term ‘In-
dian Tribe’ has the meaning given that 
term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 
U.S.C. 479a). 
‘‘(v) FINANCIAL SERVICE.—The term 
‘financial service’ has the meaning given 
that term in section 5474 of the SAFE 
Banking Act of 2022. 
‘‘(vi) SERVICE PROVIDER.—The term 
‘service provider’ has the meaning given 
that term in section 5474 of the SAFE 
Banking Act of 2022. 
‘‘(vii) 
STATE.—The 
term 
‘State’ 
means each of the several States, the Dis-
trict of Columbia, the Commonwealth of 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02306
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2307 
HR 7900 PCS
Puerto Rico, and any territory or posses-
sion of the United States.’’. 
SEC. 5467. GUIDANCE AND EXAMINATION PROCEDURES. 
Not later than 180 days after the date of enactment 
of this Act, the Financial Institutions Examination Coun-
cil shall develop uniform guidance and examination proce-
dures for depository institutions that provide financial 
services to cannabis-related legitimate businesses and 
service providers. 
SEC. 5468. ANNUAL DIVERSITY AND INCLUSION REPORT. 
The Federal banking regulators shall issue an annual 
report to Congress containing— 
(1) information and data on the availability of 
access to financial services for minority-owned and 
women-owned cannabis-related legitimate businesses; 
and 
(2) any regulatory or legislative recommenda-
tions for expanding access to financial services for 
minority-owned and women-owned cannabis-related 
legitimate businesses. 
SEC. 5469. GAO STUDY ON DIVERSITY AND INCLUSION. 
(a) STUDY.—The Comptroller General of the United 
States shall carry out a study on the barriers to market-
place entry, including in the licensing process, and the ac-
cess to financial services for potential and existing minor-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02307
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2308 
HR 7900 PCS
ity-owned and women-owned cannabis-related legitimate 
businesses. 
(b) REPORT.—The Comptroller General shall issue a 
report to the Congress— 
(1) containing all findings and determinations 
made in carrying out the study required under sub-
section (a); and 
(2) containing any regulatory or legislative rec-
ommendations for removing barriers to marketplace 
entry, including in the licensing process, and ex-
panding access to financial services for potential and 
existing minority-owned and women-owned cannabis- 
related legitimate businesses. 
SEC. 5470. GAO STUDY ON EFFECTIVENESS OF CERTAIN RE-
PORTS ON FINDING CERTAIN PERSONS. 
Not later than 2 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall carry out a study on the effectiveness of re-
ports on suspicious transactions filed pursuant to section 
5318(g) of title 31, United States Code, at finding individ-
uals or organizations suspected or known to be engaged 
with transnational criminal organizations and whether any 
such engagement exists in a State, political subdivision, 
or Indian Tribe that has jurisdiction over Indian country 
that allows the cultivation, production, manufacture, sale, 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02308
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2309 
HR 7900 PCS
transportation, display, dispensing, distribution, or pur-
chase of cannabis. The study shall examine reports on sus-
picious transactions as follows: 
(1) During the period of 2014 until the date of 
the enactment of this Act, reports relating to mari-
juana-related businesses. 
(2) During the 1-year period after date of the 
enactment of this Act, reports relating to cannabis- 
related legitimate businesses. 
SEC. 5471. APPLICATION OF THIS SUBTITLE WITH RESPECT 
TO HEMP-RELATED LEGITIMATE BUSINESSES 
AND HEMP-RELATED SERVICE PROVIDERS. 
(a) IN GENERAL.—The provisions of this subtitle 
(other than sections 5466 and 5470) shall apply with re-
spect to hemp-related legitimate businesses and hemp-re-
lated service providers in the same manner as such provi-
sions apply with respect to cannabis-related legitimate 
businesses and service providers. 
(b) DEFINITIONS.—In this section: 
(1) 
CBD.—The 
term 
‘‘CBD’’ 
means 
cannabidiol. 
(2) HEMP.—The term ‘‘hemp’’ has the meaning 
given that term under section 297A of the Agricul-
tural Marketing Act of 1946 (7 U.S.C. 1639o). 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02309
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2310 
HR 7900 PCS
(3) HEMP-RELATED LEGITIMATE BUSINESS.— 
The term ‘‘hemp-related legitimate business’’ means 
a manufacturer, producer, or any person or company 
that— 
(A) engages in any activity described in 
subparagraph (B) in conformity with the Agri-
cultural Improvement Act of 2018 (Public Law 
115–334) and the regulations issued to imple-
ment such Act by the Department of Agri-
culture, where applicable, and the law of a 
State or political subdivision thereof or Indian 
Tribe; and 
(B) participates in any business or orga-
nized activity that involves handling hemp, 
hemp-derived CBD products, and other hemp- 
derived cannabinoid products, including culti-
vating, producing, extracting, manufacturing, 
selling, transporting, displaying, dispensing, dis-
tributing, or purchasing hemp, hemp-derived 
CBD 
products, 
and 
other 
hemp-derived 
cannabinoid products. 
(4) HEMP-RELATED SERVICE PROVIDER.—The 
term ‘‘hemp-related service provider’’— 
(A) means a business, organization, or 
other person that— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02310
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2311 
HR 7900 PCS
(i) sells goods or services to a hemp- 
related legitimate business; or 
(ii) provides any business services, in-
cluding the sale or lease of real or any 
other property, legal or other licensed serv-
ices, or any other ancillary service, relating 
to hemp, hemp-derived CBD products, or 
other hemp-derived cannabinoid products; 
and 
(B) does not include a business, organiza-
tion, or other person that participates in any 
business or organized activity that involves han-
dling hemp, hemp-derived CBD products, or 
other hemp-derived cannabinoid products, in-
cluding cultivating, producing, manufacturing, 
selling, transporting, displaying, dispensing, dis-
tributing, or purchasing hemp, hemp-derived 
CBD 
products, 
and 
other 
hemp-derived 
cannabinoid products. 
SEC. 5472. BANKING SERVICES FOR HEMP-RELATED LE-
GITIMATE BUSINESSES AND HEMP-RELATED 
SERVICE PROVIDERS. 
(a) FINDINGS.—The Congress finds that— 
(1) the Agriculture Improvement Act of 2018 
(Public Law 115–334) legalized hemp by removing 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02311
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2312 
HR 7900 PCS
it from the definition of ‘‘marihuana’’ under the 
Controlled Substances Act; 
(2) despite the legalization of hemp, some hemp 
businesses (including producers, manufacturers, and 
retailers) continue to have difficulty gaining access 
to banking products and services; and 
(3) businesses involved in the sale of hemp-de-
rived CBD products are particularly affected, due to 
confusion about the legal status of such products. 
(b) FEDERAL BANKING REGULATORS’ HEMP BANK-
ING GUIDANCE.—Not later than the end of the 90-day pe-
riod beginning on the date of enactment of this Act, the 
Federal banking regulators shall update their existing 
guidance, as applicable, regarding the provision of finan-
cial services to hemp-related legitimate businesses and 
hemp-related service providers to address— 
(1) compliance with financial institutions’ exist-
ing obligations under Federal laws and imple-
menting regulations determined relevant by the Fed-
eral banking regulators, including subchapter II of 
chapter 53 of title 31, United States Code, and its 
implementing regulation in conformity with this sub-
title and the Department of Agriculture’s rules regu-
lating domestic hemp production (7 CFR 990); and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02312
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2313 
HR 7900 PCS
(2) best practices for financial institutions to 
follow when providing financial services, including 
processing payments, to hemp-related legitimate 
businesses and hemp-related service providers. 
(c) DEFINITIONS.—In this section: 
(1) FINANCIAL
INSTITUTION.—The term ‘‘fi-
nancial institution’’— 
(A) has the meaning given that term under 
section 5312(a) of title 31, United States Code; 
and 
(B) includes a bank holding company, as 
defined under section 2(a) of the Bank Holding 
Company Act of 1956 (12 U.S.C. 1841(a)). 
(2) 
HEMP
TERMS.—The 
terms 
‘‘CBD’’, 
‘‘hemp’’, ‘‘hemp-related legitimate business’’, and 
‘‘hemp-related service provider’’ have the meaning 
given those terms, respectively, under section 5471. 
SEC. 5473. REQUIREMENTS FOR DEPOSIT ACCOUNT TERMI-
NATION REQUESTS AND ORDERS. 
(a) TERMINATION REQUESTS OR ORDERS MUST BE 
VALID.— 
(1) IN
GENERAL.—An appropriate Federal 
banking agency may not formally or informally re-
quest or order a depository institution to terminate 
a specific customer account or group of customer ac-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02313
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2314 
HR 7900 PCS
counts or to otherwise restrict or discourage a de-
pository institution from entering into or maintain-
ing a banking relationship with a specific customer 
or group of customers unless— 
(A) the agency has a valid reason for such 
request or order; and 
(B) such reason is not based solely on rep-
utation risk. 
(2) 
TREATMENT
OF
NATIONAL
SECURITY 
THREATS.—If an appropriate Federal banking agen-
cy believes a specific customer or group of customers 
is, or is acting as a conduit for, an entity which— 
(A) poses a threat to national security; 
(B) is involved in terrorist financing; 
(C) is an agency of the Government of 
Iran, North Korea, Syria, or any country listed 
from time to time on the State Sponsors of 
Terrorism list; 
(D) is located in, or is subject to the juris-
diction of, any country specified in subpara-
graph (C); or 
(E) does business with any entity described 
in subparagraph (C) or (D), unless the appro-
priate Federal banking agency determines that 
the customer or group of customers has used 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02314
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2315 
HR 7900 PCS
due diligence to avoid doing business with any 
entity described in subparagraph (C) or (D), 
such belief shall satisfy the requirement under para-
graph (1). 
(b) NOTICE REQUIREMENT.— 
(1) IN GENERAL.—If an appropriate Federal 
banking agency formally or informally requests or 
orders a depository institution to terminate a spe-
cific customer account or a group of customer ac-
counts, the agency shall— 
(A) provide such request or order to the 
institution in writing; and 
(B) accompany such request or order with 
a written justification for why such termination 
is needed, including any specific laws or regula-
tions the agency believes are being violated by 
the customer or group of customers, if any. 
(2) JUSTIFICATION
REQUIREMENT.—A jus-
tification described under paragraph (1)(B) may not 
be based solely on the reputation risk to the deposi-
tory institution. 
(c) CUSTOMER NOTICE.— 
(1) NOTICE
REQUIRED.—Except as provided 
under paragraph (2) or as otherwise prohibited from 
being disclosed by law, if an appropriate Federal 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02315
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2316 
HR 7900 PCS
banking agency orders a depository institution to 
terminate a specific customer account or a group of 
customer accounts, the depository institution shall 
inform the specific customer or group of customers 
of the justification for the customer’s account termi-
nation described under subsection (b). 
(2) NOTICE PROHIBITED.— 
(A) NOTICE PROHIBITED IN CASES OF NA-
TIONAL SECURITY.—If an appropriate Federal 
banking agency requests or orders a depository 
institution to terminate a specific customer ac-
count or a group of customer accounts based on 
a belief that the customer or customers pose a 
threat to national security, or are otherwise de-
scribed under subsection (a)(2), neither the de-
pository institution nor the appropriate Federal 
banking agency may inform the customer or 
customers of the justification for the customer’s 
account termination. 
(B) 
NOTICE
PROHIBITED
IN
OTHER 
CASES.—If an appropriate Federal banking 
agency determines that the notice required 
under paragraph (1) may interfere with an au-
thorized criminal investigation, neither the de-
pository institution nor the appropriate Federal 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02316
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2317 
HR 7900 PCS
banking agency may inform the specific cus-
tomer or group of customers of the justification 
for the customer’s account termination. 
(d) REPORTING REQUIREMENT.—Each appropriate 
Federal banking agency shall issue an annual report to 
the Congress stating— 
(1) the aggregate number of specific customer 
accounts that the agency requested or ordered a de-
pository institution to terminate during the previous 
year; and 
(2) the legal authority on which the agency re-
lied in making such requests and orders and the fre-
quency on which the agency relied on each such au-
thority. 
(e) DEFINITIONS.—For purposes of this section: 
(1) APPROPRIATE
FEDERAL
BANKING
AGEN-
CY.—The term ‘‘appropriate Federal banking agen-
cy’’ means— 
(A) the appropriate Federal banking agen-
cy, as defined under section 3 of the Federal 
Deposit Insurance Act (12 U.S.C. 1813); and 
(B) the National Credit Union Administra-
tion, in the case of an insured credit union. 
(2) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ means— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02317
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2318 
HR 7900 PCS
(A) a depository institution, as defined 
under section 3 of the Federal Deposit Insur-
ance Act (12 U.S.C. 1813); and 
(B) an insured credit union. 
SEC. 5474. DEFINITIONS. 
In this subtitle: 
(1) BUSINESS
OF
INSURANCE.—The term 
‘‘business of insurance’’ has the meaning given such 
term in section 1002 of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (12 U.S.C. 
5481). 
(2) CANNABIS.—The term ‘‘cannabis’’ has the 
meaning given the term ‘‘marihuana’’ in section 102 
of the Controlled Substances Act (21 U.S.C. 802). 
(3) CANNABIS PRODUCT.—The term ‘‘cannabis 
product’’ means any article which contains cannabis, 
including an article which is a concentrate, an edi-
ble, a tincture, a cannabis-infused product, or a top-
ical. 
(4) CANNABIS-RELATED
LEGITIMATE
BUSI-
NESS.—The term ‘‘cannabis-related legitimate busi-
ness’’ means a manufacturer, producer, or any per-
son or company that— 
(A) engages in any activity described in 
subparagraph (B) pursuant to a law established 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02318
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2319 
HR 7900 PCS
by a State or a political subdivision of a State, 
as determined by such State or political subdivi-
sion; and 
(B) participates in any business or orga-
nized activity that involves handling cannabis or 
cannabis products, including cultivating, pro-
ducing, manufacturing, selling, transporting, 
displaying, dispensing, distributing, or pur-
chasing cannabis or cannabis products. 
(5) DEPOSITORY INSTITUTION.—The term ‘‘de-
pository institution’’ means— 
(A) a depository institution as defined in 
section 3(c) of the Federal Deposit Insurance 
Act (12 U.S.C. 1813(c)); 
(B) a Federal credit union as defined in 
section 101 of the Federal Credit Union Act 
(12 U.S.C. 1752); or 
(C) a State credit union as defined in sec-
tion 101 of the Federal Credit Union Act (12 
U.S.C. 1752). 
(6) 
FEDERAL
BANKING
REGULATOR.—The 
term ‘‘Federal banking regulator’’ means each of the 
Board of Governors of the Federal Reserve System, 
the Bureau of Consumer Financial Protection, the 
Federal Deposit Insurance Corporation, the Federal 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02319
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2320 
HR 7900 PCS
Housing Finance Agency, the Financial Crimes En-
forcement Network, the Office of Foreign Asset 
Control, the Office of the Comptroller of the Cur-
rency, the National Credit Union Administration, 
the Department of the Treasury, or any Federal 
agency or department that regulates banking or fi-
nancial services, as determined by the Secretary of 
the Treasury. 
(7) FINANCIAL SERVICE.—The term ‘‘financial 
service’’— 
(A) means a financial product or service, 
as defined in section 1002 of the Dodd-Frank 
Wall Street Reform and Consumer Protection 
Act (12 U.S.C. 5481), regardless if the cus-
tomer receiving the product or service is a con-
sumer or commercial entity; 
(B) means a financial product or service, 
or any combination of products and services, 
permitted to be provided by— 
(i) a national bank or a financial sub-
sidiary pursuant to the authority provided 
under— 
(I) 
the 
provision 
designated 
‘‘Seventh’’ of section 5136 of the Re-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02320
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2321 
HR 7900 PCS
vised Statutes of the United States 
(12 U.S.C. 24); or 
(II) section 5136A of the Revised 
Statutes of the United States (12 
U.S.C. 24a); and 
(ii) a Federal credit union, pursuant 
to the authority provided under the Fed-
eral Credit Union Act; 
(C) includes the business of insurance; 
(D) includes, whether performed directly or 
indirectly, the authorizing, processing, clearing, 
settling, billing, transferring for deposit, trans-
mitting, delivering, instructing to be delivered, 
reconciling, collecting, or otherwise effectuating 
or facilitating of payments or funds, where such 
payments or funds are made or transferred by 
any means, including by the use of credit cards, 
debit cards, other payment cards, or other ac-
cess devices, accounts, original or substitute 
checks, or electronic funds transfers; 
(E) includes acting as a money transmit-
ting business which directly or indirectly makes 
use of a depository institution in connection 
with effectuating or facilitating a payment for 
a cannabis-related legitimate business or service 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02321
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2322 
HR 7900 PCS
provider in compliance with section 5330 of 
title 31, United States Code, and any applicable 
State law; and 
(F) includes acting as an armored car 
service for processing and depositing with a de-
pository institution or a Federal reserve bank 
with respect to any monetary instruments (as 
defined under section 1956(c)(5) of title 18, 
United States Code. 
(8) INDIAN COUNTRY.—The term ‘‘Indian coun-
try’’ has the meaning given that term in section 
1151 of title 18. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given that term in section 102 of 
the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 479a). 
(10) INSURER.—The term ‘‘insurer’’ has the 
meaning given that term under section 313(r) of 
title 31, United States Code. 
(11) MANUFACTURER.—The term ‘‘manufac-
turer’’ means a person who manufactures, com-
pounds, converts, processes, prepares, or packages 
cannabis or cannabis products. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02322
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2323 
HR 7900 PCS
(12) PRODUCER.—The term ‘‘producer’’ means 
a person who plants, cultivates, harvests, or in any 
way facilitates the natural growth of cannabis. 
(13) SERVICE PROVIDER.—The term ‘‘service 
provider’’— 
(A) means a business, organization, or 
other person that— 
(i) sells goods or services to a can-
nabis-related legitimate business; or 
(ii) provides any business services, in-
cluding the sale or lease of real or any 
other property, legal or other licensed serv-
ices, or any other ancillary service, relating 
to cannabis; and 
(B) does not include a business, organiza-
tion, or other person that participates in any 
business or organized activity that involves han-
dling cannabis or cannabis products, including 
cultivating, producing, manufacturing, selling, 
transporting, displaying, dispensing, distrib-
uting, or purchasing cannabis or cannabis prod-
ucts. 
(14) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, the 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02323
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2324 
HR 7900 PCS
Commonwealth of Puerto Rico, and any territory or 
possession of the United States. 
SEC. 5475. DISCRETIONARY SURPLUS FUNDS. 
Section 7(a)(3)(A) of the Federal Reserve Act (12 
U.S.C. 289(a)(3)(A)) is amended by reducing the dollar 
figure by $6,000,000. 
TITLE LV—NATURAL 
RESOURCES MATTERS 
SEC. 5501. YSLETA DEL SUR PUEBLO AND ALABAMA- 
COUSHATTA TRIBES OF TEXAS EQUAL AND 
FAIR OPPORTUNITY AMENDMENT. 
The Ysleta del Sur Pueblo and Alabama and 
Coushatta Indian Tribes of Texas Restoration Act (Public 
Law 100–89; 101 Stat. 666) is amended by adding at the 
end the following: 
‘‘SEC. 301. RULE OF CONSTRUCTION. 
‘‘Nothing in this Act shall be construed to preclude 
or limit the applicability of the Indian Gaming Regulatory 
Act (25 U.S.C. 2701 et seq.).’’. 
SEC. 
5502. 
INCLUSION 
OF 
COMMONWEALTH 
OF 
THE 
NORTHERN MARIANA ISLANDS AND AMER-
ICAN SAMOA. 
The Wagner-Peyser Act is amended— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02324
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2325 
HR 7900 PCS
(1) in section 2(5) (29 U.S.C. 49a(5)), by in-
serting ‘‘the Commonwealth of the Northern Mar-
iana Islands, American Samoa,’’ after ‘‘Guam,’’; 
(2) in section 5(b)(1) (29 U.S.C. 49d(b)(1)), by 
inserting ‘‘the Commonwealth of the Northern Mar-
iana Islands, and American Samoa,’’ after ‘‘Guam,’’; 
(3) in section 6(a) (29 U.S.C. 49e(a))— 
(A) by inserting ‘‘, the Commonwealth of 
the Northern Mariana Islands, and American 
Samoa’’ after ‘‘except for Guam’’; 
(B) by striking ‘‘allot to Guam’’ and in-
serting the following: ‘‘allot to— 
‘‘(1) Guam’’; 
(C) by striking the period at the end and 
inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(2) the Commonwealth of the Northern Mar-
iana Islands and American Samoa an amount which, 
in relation to the total amount available for the fis-
cal year, is equal to the allotment percentage that 
Guam received of amounts available under this Act 
in fiscal year 1983.’’; and 
(4) in section 6(b)(1) (29 U.S.C. 49e(b)(1)), in 
the matter following subparagraph (B), by inserting 
‘‘, the Commonwealth of the Northern Mariana Is-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02325
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2326 
HR 7900 PCS
lands, American Samoa,’’ after ‘‘does not include 
Guam’’. 
SEC. 5503. AMENDMENTS TO SIKES ACT. 
(a) 
USE
OF
NATURAL
FEATURES.—Section 
101(a)(3)(A) of the Sikes Act (16 U.S.C. 670a(a)(3)(A)) 
is amended— 
(1) by redesignating clauses (ii) and (iii) as 
clauses (iii) and (iv), respectively; and 
(2) by inserting after clause (i) the following: 
‘‘(ii) the use of natural and nature- 
based features to maintain or improve mili-
tary installation resilience;’’. 
(b) EXPANDING AND MAKING PERMANENT THE PRO-
GRAM FOR INVASIVE SPECIES MANAGEMENT FOR MILI-
TARY INSTALLATIONS.—Section 101(g) of the Sikes Act 
(16 U.S.C. 670a(g)) is amended— 
(1) by striking the header and inserting ‘‘PRO-
GRAM FOR INVASIVE SPECIES MANAGEMENT FOR 
MILITARY INSTALLATIONS’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘During fiscal years 2009 
through 2014, the’’ and inserting ‘‘The’’; and 
(B) by striking ‘‘in Guam’’. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02326
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2327 
HR 7900 PCS
SEC. 5504. BRENNAN REEF. 
(a) DESIGNATION.—The reef described in subsection 
(b) shall be known and designated as ‘‘Brennan Reef’’, 
in honor of the late Rear Admiral Richard T. Brennan 
of the National Oceanic and Atmospheric Administration. 
(b) REEF DESCRIBED.—The reef referred to in sub-
section (a) is— 
(1) between San Miguel and Santa Rosa Is-
lands on the north side of the San Miguel Passage 
in the Channel Island National Marine Sanctuary; 
and 
(2) centered at 34 degrees 03.12 minutes 
North, 120 degrees 15.95 minutes West. 
(c) REFERENCES.—Any reference in any law, regula-
tion, document, record, map, or other paper of the United 
States to the reef described in subsection (b) is deemed 
to be a reference to Brennan Reef. 
SEC. 5505. ESTABLISHMENT OF FUND. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this section, the Secretary shall 
enter into a cooperative agreement with the Foundation 
to establish the Community Resilience and Restoration 
Fund at the Foundation to— 
(1) improve community safety in the face of cli-
mactic extremes through conservation and protection 
of restoration and resilience lands; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02327
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2328 
HR 7900 PCS
(2) to protect, conserve, and restore restoration 
and resilience lands in order to help communities re-
spond and adapt to natural threats, including wild-
fire, drought, extreme heat, and other threats posed 
or exacerbated by the impacts of global climate; 
(3) to build the resilience of restoration and re-
silience lands to adapt to, recover from, and with-
stand natural threats, including wildfire, drought, 
extreme heat, and other threats posed or exacer-
bated by the impacts of global climate change; 
(4) to protect and enhance the biodiversity of 
wildlife populations across restoration and resilience 
lands; 
(5) to support the health of restoration and re-
silience lands for the benefit of present and future 
generations; 
(6) to foster innovative, nature-based solutions 
that help meet the goals of this section; and 
(7) to enhance the nation’s natural carbon se-
questration 
capabilities 
and 
help 
communities 
strengthen natural carbon sequestration capacity 
where applicable. 
(b) MANAGEMENT OF THE FUND.—The Foundation 
shall manage the Fund— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02328
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2329 
HR 7900 PCS
(1) pursuant to the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3701 et 
seq.); and 
(2) in such a manner that, to the greatest ex-
tent practicable and consistent with the purposes for 
which the Fund is established— 
(A) ensures that amounts made available 
through the Fund are accessible to historically 
underserved communities, including Tribal com-
munities, communities of color, and rural com-
munities; and 
(B) avoids project selection and funding 
overlap with those projects and activities that 
could otherwise receive funding under— 
(i) the National Oceans and Coastal 
Security Fund, established under the Na-
tional Oceans and Coastal Security Act (16 
U.S.C. 7501); or 
(ii) other coastal management focused 
programs. 
(c) COMPETITIVE GRANTS.— 
(1) IN GENERAL.—To the extent amounts are 
available in the Fund, the Foundation shall award 
grants to eligible entities through a competitive 
grant process in accordance with procedures estab-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02329
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2330 
HR 7900 PCS
lished pursuant to the National Fish and Wildlife 
Foundation Establishment Act (16 U.S.C. 3701 et 
seq.) to carry out eligible projects and activities, in-
cluding planning eligible projects and activities. 
(2) PROPOSALS.—The Foundation, in coordina-
tion with the Secretary, shall establish requirements 
for proposals for competitive grants under this sec-
tion. 
(d) USE OF AMOUNTS IN THE FUND.— 
(1) PLANNING.—Not less than 8 percent of 
amounts appropriated annually to the Fund may be 
used to plan eligible projects and activities, including 
capacity building. 
(2) ADMINISTRATIVE COSTS.—Not more than 4 
percent of amounts appropriated annually to the 
Fund may be used by the Foundation for adminis-
trative expenses of the Fund or administration of 
competitive grants offered under the Fund. 
(3) PRIORITY.—Not less than $10,000,000 
shall be awarded annually to support eligible 
projects and activities for Indian Tribes. 
(4) COORDINATION.—The Secretary and Foun-
dation shall ensure, to the greatest extent prac-
ticable and through meaningful consultation, that 
input from Indian Tribes, including traditional eco-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02330
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2331 
HR 7900 PCS
logical knowledge, is incorporated in the planning 
and execution of eligible projects and activities. 
(e) REPORTS.— 
(1) ANNUAL REPORTS.—Beginning at the end 
the first full fiscal year after the date of enactment 
of this section, and not later than 60 days after the 
end of each fiscal year in which amounts are depos-
ited into the Fund, the Foundation shall submit to 
the Secretary a report on the operation of the Fund 
including— 
(A) an accounting of expenditures made 
under the Fund, including leverage and match 
where applicable; 
(B) an accounting of any grants made 
under the Fund, including a list of recipients 
and a brief description of each project and its 
purposes and goals; and 
(C) measures and metrics to track benefits 
created by grants administered under the Fund, 
including enhanced biodiversity, water quality, 
natural carbon sequestration, and resilience. 
(2) 5–YEAR REPORTS.—Not later than 90 days 
after the end of the fifth full fiscal year after the 
date of enactment of this section, and not later than 
90 days after the end every fifth fiscal year there-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02331
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2332 
HR 7900 PCS
after, the Foundation shall submit to the Secretary 
a report containing— 
(A) a description of any socioeconomic, 
biodiversity, community resilience, or climate 
resilience or mitigation (including natural car-
bon 
sequestration), 
impacts 
generated 
by 
projects funded by grants awarded by the 
Fund, including measures and metrics illus-
trating these impacts; 
(B) a description of land health benefits 
derived from projects funded by grants awarded 
by the Fund, including an accounting of— 
(i) lands treated for invasive species; 
(ii) lands treated for wildfire threat 
reduction, including those treated with 
controlled burning or other natural fire- 
management techniques; and 
(iii) lands restored either from wildfire 
or other forms or degradation, including 
over-grazing and sedimentation; 
(C) key findings for Congress, including 
any recommended changes to the authorization 
or purposes of the Fund; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02332
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2333 
HR 7900 PCS
(D) best practices for other Federal agen-
cies in the administration of funds intended for 
land and habitat restoration; 
(E) information on the use and outcome of 
funds specifically set aside for planning and ca-
pacity building pursuant to section 6; and 
(F) any other information that the Foun-
dation considers relevant. 
(3) SUBMISSION OF REPORTS TO CONGRESS.— 
Not later than 10 days after receiving a report 
under this section, the Secretary shall submit the re-
port to the Committee on Natural Resources of the 
House of Representatives and the Committee on En-
vironment and Public Works of the Senate. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is hereby authorized to be appropriated to the 
Fund $100,000,000 for each of fiscal years 2023 
through 2028 to carry out this section. 
(f) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘eligible entity’’ means a Federal 
agency, State, the District of Columbia, a territory 
of the United States, a unit of local government, an 
Indian Tribe, a non-profit organization, or an ac-
credited institution of higher education. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02333
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2334 
HR 7900 PCS
(2) The term ‘‘eligible projects and activities’’ 
means projects and activities carried out by an eligi-
ble entity on public lands, tribal lands, or private 
land, or any combination thereof, to further the pur-
poses for which the Fund is established, including 
planning and capacity building and projects and ac-
tivities carried out in coordination with Federal, 
State, or tribal departments or agencies, or any de-
partment or agency of a subdivision of a State. 
(3) The term ‘‘Foundation’’ means the National 
Fish and Wildlife Foundation established under the 
National Fish and Wildlife Foundation Establish-
ment Act (16 U.S.C. 3701 et seq.). 
(4) The term ‘‘Fund’’ means the Community 
Resilience and Restoration Fund established under 
subsection (a). 
(5) The term ‘‘Indian Tribe’’ means the gov-
erning body of any individually identified and feder-
ally recognized Indian or Alaska Native Tribe, band, 
nation, pueblo, village, community, affiliated Tribal 
group, or component reservation in the list published 
pursuant to section 104(a) of the Federally Recog-
nized Indian Tribe List Act of 1994 (25 U.S.C. 
5131(a)). 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02334
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2335 
HR 7900 PCS
(6) The term ‘‘restoration and resilience lands’’ 
means fish, wildlife, and plant habitats, and other 
important natural areas in the United States, on 
public lands, private land (after obtaining proper 
consent from the landowner), or land of Indian 
Tribes, including grasslands, shrublands, prairies, 
chapparal lands, forest lands, deserts, and riparian 
or wetland areas within or adjacent to these eco-
systems. 
(7) The term ‘‘public lands’’ means lands 
owned or controlled by the United States. 
(8) The term ‘‘Secretary’’ means the Secretary 
of the Interior, acting through the Director of the 
United States Fish and Wildlife Service. 
(9) The term ‘‘State’’ means a State of the 
United States, the District of Columbia, any Indian 
Tribe, and any commonwealth, territory, or posses-
sion of the United States. 
SEC. 5506. LEASING ON THE OUTER CONTINENTAL SHELF. 
(a) LEASING AUTHORIZED.—Notwithstanding the 
Presidential Memorandum entitled ‘‘Memorandum on the 
Withdrawal of Certain Areas of the United States Outer 
Continental Shelf from Leasing Disposition’’ (issued Sep-
tember 8, 2020) and the Presidential Memorandum enti-
tled ‘‘Presidential Determination on the Withdrawal of 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02335
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2336 
HR 7900 PCS
Certain Areas of the United States Outer Continental 
Shelf from Leasing Disposition’’ (issued September 25, 
2020), the Secretary of the Interior is authorized to grant 
leases pursuant to section 8(p)(1)(C) of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(p)(1)(C)) in the 
South Atlantic Planning Area, the Straits of Florida Plan-
ning Area, and the Mid Atlantic Planning Area designated 
by the Bureau of Ocean Energy Management as of Sep-
tember 25, 2020. 
(b) WITHDRAWALS.—Any Presidential withdrawal of 
an area of the Outer Continental Shelf from leasing under 
section 12(a) of the Outer Continental Shelf Lands Act 
(43 U.S.C. 1341(a)) issued after the date of enactment 
of this section shall apply only to leasing authorized under 
subsections (a) and (i) of section 8 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1337(a) and 1337(i)), 
unless the withdrawal explicitly applies to other leasing 
authorized under such Act. 
SEC. 5507. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL. 
(a) COMPLETION OF TRAIL.— 
(1) IN
GENERAL.—Not later than November 
10, 2028, the Secretary and the Secretary of the In-
terior shall, to the maximum extent practicable, en-
sure the completion of the Continental Divide Na-
tional Scenic Trail as a contiguous route, consistent 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02336
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2337 
HR 7900 PCS
with the following provisions of the National Trails 
System Act: 
(A) 
Section 
3(a)(2) 
(16 
U.S.C. 
1242(a)(2)). 
(B) 
Section 
5(a)(5) 
(16 
U.S.C. 
1244(a)(5)). 
(C) Section 7 (16 U.S.C. 1246). 
(2) PRIORITY OF ACTIONS.—The Secretary and 
the Secretary of the Interior shall, to the maximum 
extent practicable, take necessary actions to achieve 
this goal, including the following steps, listed in 
order of priority: 
(A) Complete the Continental Divide Na-
tional Scenic Trail by acquiring land or an in-
terest in land, or by encouraging States or local 
governments to enter into cooperative agree-
ments to acquire interests in land, to eliminate 
gaps between sections of the Trail while main-
taining the nature and purposes of the Trail. 
(B) Optimize the Trail by relocating in-
compatible existing portions of the Trail on 
Federal land as necessary to provide for max-
imum outdoor recreation potential and for the 
conservation and enjoyment of the nationally 
significant scenic, historic, natural, or cultural 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02337
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2338 
HR 7900 PCS
qualities of the areas through which the Trail 
passes, consistent with the Trail’s nature and 
purposes. 
(C) Publish maps of the completed Trail 
corridor. 
(b) TRAIL COMPLETION TEAM.— 
(1) IN GENERAL.—In carrying out subsection 
(a), not later than 1 year after the date of the enact-
ment of this section, the Secretary, in coordination 
with the Secretary of the Interior, shall establish a 
joint Forest Service and Bureau of Land Manage-
ment trail completion team to work in coordination 
with the Trail Administrator to facilitate the comple-
tion and optimization of the Trail, pursuant to the 
purposes of section 3(a)(2) of the National Trails 
System Act (16 U.S.C. 1242(a)(2)) and the Trail’s 
nature and purposes. 
(2) DUTIES OF THE TEAM.—The Team shall: 
(A) Implement land and right-of-way ac-
quisitions, relocations, and trail construction 
consistent with any Optimal Location Review 
for the trail, giving priority to land that— 
(i) eliminates gaps between segments 
of the Trail; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02338
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2339 
HR 7900 PCS
(ii) may be acquired by the Secretary 
or the Secretary of the Interior by pur-
chase from a willing seller, donation, ex-
change, or by cooperative agreement; 
(iii) is best suited for inclusion in the 
Trail corridor in accordance with the pur-
poses, policies, and provisions of the Na-
tional Trails System Act (16 U.S.C. 1241 
et seq.); and 
(iv) has been identified as a segment 
of the Trail on Federal land that should be 
relocated to provide for maximum outdoor 
recreation potential and the conservation 
and enjoyment of the nationally significant 
scenic, historic, natural, or cultural quali-
ties of the areas through which the Trail 
passes. 
(B) Provide the necessary administrative 
and technical support to complete the Trail cor-
ridor under subsection (a). 
(C) As appropriate, consult with other 
Federal agencies, Governors of affected States, 
Indian 
Tribes, 
Land 
Grants-Mercedes, 
Acequias, relevant landowners or land users of 
an acequia or land grant-merced, the Conti-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02339
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2340 
HR 7900 PCS
nental Divide Trail Coalition, and other volun-
teer and nonprofit organizations that assist in, 
or whose members may be affected by, the de-
velopment, maintenance, and management of 
the Trail. 
(D) Support the Secretary in the develop-
ment of the acquisition and development plan 
under subsection (c) and annual reports under 
subsection (f). 
(c) COMPREHENSIVE ACQUISITION AND DEVELOP-
MENT PLAN.— 
(1) IN GENERAL.—Not later than 2 years after 
the establishment of the Team under subsection (b), 
the Secretary shall submit to the Committee on Nat-
ural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of 
the Senate a comprehensive acquisition and develop-
ment plan for the Trail. 
(2) CONTENTS OF PLAN.—The comprehensive 
acquisition and development plan should— 
(A) identify any gaps in the Trail where 
the Secretary and the Secretary of the Interior 
have not been able to acquire land or interests 
in land by purchase from a willing seller, by do-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02340
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2341 
HR 7900 PCS
nation, by exchange, or by cooperative agree-
ment; 
(B) include a plan for closing such gaps by 
acquiring lands or interests in land; and 
(C) include general and site-specific devel-
opment plans, including anticipated costs. 
(d) METHOD OF ACQUISITION.—In carrying out this 
section, the Secretary and the Secretary of the Interior— 
(1) may acquire land only by purchase from a 
willing seller with donated or appropriated funds, by 
donation, or by exchange; and 
(2) may not acquire land by eminent domain. 
(e) MAINTAINING
EXISTING
PARTNERSHIPS.—In 
carrying out this section, the Secretary, the Secretary of 
the Interior, and the Team shall continue to maintain and 
develop working relationships with volunteer and nonprofit 
organizations that assist in the development, maintenance, 
and management of the Trail. 
(f) REPORTS.—Not later than September 30, 2024, 
and at the close of each fiscal year until the acquisition 
and development plan is fully implemented, the Secretary 
shall report on the following, in writing, to the Committee 
on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the 
Senate: 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02341
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2342 
HR 7900 PCS
(1) The progress in acquiring land or interests 
in land to complete the Trail consistent with this 
section. 
(2) The amount of land or interests in land ac-
quired during the fiscal year and the amount ex-
pended for such land or interests in land. 
(3) The amount of land or interests in land 
planned for acquisition in the ensuing fiscal year 
and the estimated cost of such land or interests in 
land. 
(4) The estimated amount of land or interests 
in land remaining to be acquired. 
(5) The amount of existing Trail miles on Fed-
eral lands that need to be relocated to provide for 
maximum outdoor recreation potential and for con-
servation and enjoyment of the nationally significant 
scenic, historic, natural, or cultural qualities of the 
areas through which the Trail passes. 
(g) DEFINITIONS.—In this section: 
(1) ACEQUIA.—The term ‘‘acequia’’ has the 
meaning of the term ‘‘community ditch’’ as such 
term is defined under section 73-2-27 of the New 
Mexico Statutes. 
(2) LAND
GRANT-MERCED.—The term ‘‘land 
grant-merced’’ means a community land grant 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02342
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2343 
HR 7900 PCS
issued under the laws or customs of the Government 
of Spain or Mexico that is recognized under chapter 
49 of the New Mexico Statutes (or a successor stat-
ute). 
(3) OPTIMAL
LOCATION
REVIEW.—The term 
‘‘Optimal Location Review’’ means the procedures 
described in the Continental Divide National Scenic 
Trail Optimal Location Review Guide, dated Novem-
ber 2017. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
(5) TEAM.—The term ‘‘Team’’ means the trail 
completion team established under subsection (b). 
(6) TRAIL.—The term ‘‘Trail’’ means the Con-
tinental Divide National Scenic Trail established by 
section 5 of the National Trails System Act (16 
U.S.C. 1244). 
SEC. 5508. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL 
HERITAGE AREA. 
Section 6001(a)(4)(A) of the John D. Dingell, Jr. 
Conservation, Management, and Recreation Act (Public 
Law 116–9) is amended by adding at the end the fol-
lowing: ‘‘In addition, the Sacramento-San Joaquin Delta 
National Heritage Area shall include the area depicted as 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02343
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2344 
HR 7900 PCS
‘Rio Vista/Expansion Area’ on the map entitled ‘Sac-
ramento-San Joaquin Delta National Heritage Area Pro-
posed Boundary Expansion’ and dated February 2021.’’. 
SEC. 5509. NEW YORK-NEW JERSEY WATERSHED PROTEC-
TION. 
(a) PROGRAM ESTABLISHMENT.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary shall establish a nonregulatory program to be 
known as the ‘‘New York-New Jersey Watershed 
Restoration Program’’. 
(2) DUTIES.—In carrying out the program, the 
Secretary shall— 
(A) draw on existing and new approved 
plans for the Watershed, or portions of the Wa-
tershed, and work in consultation with applica-
ble management entities, including representa-
tives of the New York-New Jersey Harbor and 
Estuary Program (HEP), Hudson River Estu-
ary Program, Mohawk River Basin Program, 
Sustainable Raritan River Initiative, the Fed-
eral Government, and other State and local gov-
ernments, and regional and nonprofit organiza-
tions, as appropriate, to identify, prioritize, and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02344
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2345 
HR 7900 PCS
implement restoration and protection activities 
within the Watershed; and 
(B) adopt a Watershed-wide strategy 
that— 
(i) supports the implementation of a 
shared set of science-based restoration and 
protection activities developed in accord-
ance with subparagraph (A); 
(ii) targets cost-effective projects with 
measurable results; 
(iii) maximizes conservation outcomes; 
(iv) prioritizes the needs of commu-
nities lacking in environmental justice; and 
(v) establishes the voluntary grant 
and technical assistance programs author-
ized in this section. 
(3) CONSULTATION.—In establishing the pro-
gram, the Secretary shall, as appropriate— 
(A) consult with— 
(i) the heads of Federal agencies, in-
cluding— 
(I) the Administrator of the En-
vironmental Protection Agency; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02345
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2346 
HR 7900 PCS
(II) the Administrator of the Na-
tional Oceanic and Atmospheric Ad-
ministration; 
(III) the Secretary of Agri-
culture; and 
(IV) the Director of the National 
Park Service; and 
(ii) Indian Tribes; and 
(B) coordinate with — 
(i) the Governors of New York and 
New Jersey and the Commissioner of the 
New York State Department of Environ-
mental Conservation and the Director of 
the New Jersey Division of Fish and Wild-
life; 
(ii) the New York-New Jersey Harbor 
& Estuary Program; and 
(iii) other public agencies and organi-
zations with authority for the planning and 
implementation of conservation strategies 
in the Watershed. 
(4) PURPOSES.—The purposes of the program 
include— 
(A) coordinating restoration and protection 
activities among Federal, State, local, and re-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02346
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2347 
HR 7900 PCS
gional 
entities 
and 
conservation 
partners 
throughout the Watershed; 
(B) carrying out coordinated restoration 
and protection activities, and providing for tech-
nical assistance throughout the Watershed— 
(i) to sustain and enhance fish and 
wildlife habitat restoration and protection 
activities; 
(ii) to improve and maintain water 
quality to support fish, wildlife, and their 
habitat, as well as to improve opportunities 
for public access and recreation in the Wa-
tershed consistent with the ecological needs 
of fish and wildlife habitat; 
(iii) to advance the use of natural and 
nature-based features, living shoreline, and 
other green infrastructure techniques to 
maximize the resilience of communities, 
natural 
systems, 
and 
habitats 
under 
changing sea levels, storm risks, and wa-
tershed conditions; 
(iv) to engage the public, communities 
experiencing 
environmental 
injustice, 
through outreach, education, and commu-
nity involvement to increase capacity and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02347
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2348 
HR 7900 PCS
support for coordinated restoration and 
protection activities in the Watershed; 
(v) to increase scientific capacity to 
support the planning, monitoring, and re-
search activities necessary to carry out co-
ordinated restoration and protection activi-
ties; 
(vi) to provide for feasibility and plan-
ning studies for green infrastructure 
projects that achieve habitat restoration 
and stormwater management goals; 
(vii) to support land conservation and 
management activities necessary to fulfill 
the 
Watershed-wide 
strategy 
adopted 
under subsection (a)(2)(B); 
(viii) to provide technical assistance to 
carry out restoration and protection activi-
ties in the Watershed; 
(ix) to monitor environmental quality 
to assess progress toward the goals of this 
section; and 
(x) to improve fish and wildlife habi-
tats, as well as opportunities for personal 
recreation, along rivers and shore fronts 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02348
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2349 
HR 7900 PCS
within communities lacking in environ-
mental justice; and 
(C) other activities necessary for the imple-
mentation of approved plans. 
(b) NEW YORK-NEW JERSEY WATERSHED RESTORA-
TION GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a voluntary grant and technical assistance 
program, to be known as the ‘‘New York-New Jersey 
Watershed Restoration Grant Program’’, to provide 
competitive matching grants of varying amounts to 
State and local governments, nonprofit organiza-
tions, institutions of higher education, and other eli-
gible entities to carry out activities described in sub-
section (a)(4). 
(2) CRITERIA.—The Secretary, in consultation 
with the agencies, organizations, and other persons 
referred to in section 404(c), shall develop criteria 
for the grant program to help ensure that activities 
funded under this section accomplish one or more of 
the purposes identified in subsection (a)(4) and ad-
vance the implementation of priority actions or 
needs identified in the Watershed-wide strategy 
adopted under subsection (a)(2)(B). 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02349
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2350 
HR 7900 PCS
(3) CAPACITY BUILDING.—The Secretary shall 
include grant program provisions designed to in-
crease the effectiveness of organizations that work at 
the nexus of natural resource and community health 
issues within the New York-New Jersey Watershed 
by addressing organizational capacity needs. 
(4) COST SHARING.— 
(A) DEPARTMENT
OF
THE
INTERIOR 
SHARE.—The Department of the Interior share 
of the cost of a project funded under the grant 
program shall not exceed 50 percent of the total 
cost of the activity, as determined by the Sec-
retary. 
(B) NON-DEPARTMENT OF THE INTERIOR 
SHARE.—The non-Department of the Interior 
share of the cost of a project funded under the 
grant program may be provided in cash or in 
the form of an in-kind contribution of services 
or materials. 
(c) ADMINISTRATION.— 
(1) IN
GENERAL.—The Secretary may enter 
into an agreement to manage the grant program 
with the National Fish and Wildlife Foundation or 
a similar organization that offers grant management 
services. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02350
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2351 
HR 7900 PCS
(2) FUNDING.—If the Secretary enters into an 
agreement under paragraph (A), the organization se-
lected shall— 
(A) for each fiscal year, receive amounts 
made available to carry out this section in an 
advance payment of the entire amounts on Oc-
tober 1 of that fiscal year, or as soon as prac-
ticable thereafter; 
(B) invest and reinvest those amounts for 
the benefit of the grant program; and 
(C) otherwise administer the grant pro-
gram to support partnerships between the pub-
lic and private sectors in accordance with this 
section. 
(3) REQUIREMENTS.—If the Secretary enters 
into an agreement with the Foundation under sub-
paragraph (A), any amounts received by the Foun-
dation under this section shall be subject to the Na-
tional Fish and Wildlife Foundation Establishment 
Act (16 U.S.C. 3701 et seq.), excluding section 
10(a) of that Act (16 U.S.C. 3709(a)). 
(d) ANNUAL REPORTS.—Not later than 180 days 
after the date of enactment of this Act and annually there-
after, the Secretary shall submit to the Congress a report 
on the implementation of this section, including a descrip-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02351
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2352 
HR 7900 PCS
tion of each project that has received funding under this 
section in the preceding fiscal year. 
(e) PROHIBITION ON FEDERAL LAND HOLDINGS.— 
The Federal Government may not maintain ownership of 
any land acquired under this section except for the pur-
pose of promptly transferring ownership to a State or local 
entity. 
(f) SUNSET.—This section shall have no force or ef-
fect after September 30, 2030. 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary to carry out this sec-
tion $20,000,000 for each of fiscal years 2023 
through 2028, of which not more than 3 percent 
shall be used for administrative costs to carry out 
this section. 
(2) USE
FOR
GRANT
PROGRAM.—Of any 
amount made available under this section for each 
fiscal year, the Secretary shall use at least 75 per-
cent to carry out the grant program under sub-
section (b) and to provide, or provide for, technical 
assistance under such program. 
(h) DEFINITIONS.—In this section: 
(1) APPROVED
PLANS.—The term ‘‘approved 
plan’’— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02352
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2353 
HR 7900 PCS
(A) means any plan for management of the 
New York-New Jersey Watershed— 
(i) that has been approved by a Fed-
eral, regional, State, or local governmental 
entity, including State Wildlife Action 
Plans, Comprehensive Conservation Man-
agement Plans, Watershed Improvement 
Plans; or 
(ii) that is determined by the Direc-
tor, in consultation with such entities, to 
contribute to the achievement of the pur-
poses of this section; and 
(B) includes the New York-New Jersey 
Harbor & Estuary Program (HEP) Action 
Agenda, the Hudson Raritan Comprehensive 
Restoration Plan, the Hudson River Com-
prehensive Restoration Plan, the Hudson River 
Estuary Program Action Agenda, the Hudson 
River Park Trust Estuarine Sanctuary Manage-
ment Plan, the Mohawk River Action Agenda, 
the Sustainable Raritan River Initiative Action 
Plan, the Lower Passaic and Bronx & Harlem 
Federal Urban Waters Partnership Workplans, 
the New Jersey Sports and Exhibition Author-
ity Meadowlands Restoration Plan, as well as 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02353
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2354 
HR 7900 PCS
other critical conservation projects in the region 
that achieve the purposes of this section. 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(3) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental justice’’ means the fair treatment and 
meaningful involvement of all people regardless of 
race, color, national origin, or income, with respect 
to the development, implementation, and enforce-
ment of environmental laws, regulations, and poli-
cies. 
(4) FOUNDATION.—The term ‘‘Foundation’’ 
means the National Fish and Wildlife Foundation. 
(5) GRANT PROGRAM.—The term ‘‘grant pro-
gram’’ means the voluntary New York-New Jersey 
Watershed Restoration Grant Program established 
under section 405. 
(6) PROGRAM.—The term ‘‘program’’ means 
the New York-New Jersey Watershed Restoration 
Program established under section 404. 
(7) RESTORATION
AND
PROTECTION.—The 
term ‘‘restoration and protection’’ means the con-
servation, stewardship, and enhancement of habitat 
for fish and wildlife and water quality to preserve 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02354
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2355 
HR 7900 PCS
and improve ecosystems and ecological processes on 
which they depend and for use and enjoyment by the 
public. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector. 
(9) SERVICE.—The term ‘‘Service’’ means the 
United States Fish and Wildlife Service. 
(10) WATERSHED.—The term ‘‘Watershed’’ 
means the New York-New Jersey Watershed, which 
is comprised of all land area whose surface water 
drains into New York-New Jersey Harbor, the 
waters contained within that land area, and the es-
tuaries associated with those watersheds. 
SEC. 5510. AUTHORIZATION OF APPROPRIATIONS FOR THE 
NATIONAL MARITIME HERITAGE GRANT PRO-
GRAM. 
Section 308703 of title 54, United States Code, is 
amended— 
(1) in subsection (b)(1), by inserting ‘‘sub-
section (k) and’’ after ‘‘amounts for that purpose 
under’’; 
(2) in subsection (c)(1), by inserting ‘‘sub-
section (k) and’’ after ‘‘amounts for that purpose 
under’’; and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02355
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2356 
HR 7900 PCS
(3) by adding at the end the following: 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are hereby authorized to be appropriated to the Secretary 
$10,000,000 for each of fiscal years 2023 and 2024 to 
carry out this section.’’. 
SEC. 5511. BERRYESSA SNOW MOUNTAIN NATIONAL MONU-
MENT EXPANSION. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board on Geographic Names established by section 
2 of the Act of July 25, 1947 (61 Stat. 456, chapter 
330; 43 U.S.C. 364a). 
(2) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘Proposed Walker Ridge (Molok Luyuk) Addi-
tion Berryessa Snow Mountain National Monument’’ 
and dated October 26, 2021. 
(3) MOLOK LUYUK.—The term ‘‘Molok Luyuk’’ 
means Condor Ridge (in the Patwin language). 
(4) NATIONAL
MONUMENT.—The term ‘‘Na-
tional Monument’’ means the Berryessa Snow Moun-
tain National Monument established by Presidential 
Proclamation 9298, dated July 10, 2015 (80 Fed. 
Reg. 41975), including all land, interests in the 
land, and objects on the land identified in that Pres-
idential Proclamation. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02356
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2357 
HR 7900 PCS
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) WALKER
RIDGE
(MOLOK
LUYUK)
ADDI-
TION.—The term ‘‘Walker Ridge (Molok Luyuk) Ad-
dition’’ means the approximately 3,925 acres of Fed-
eral land (including any interests in, or objects on, 
the land) administered by the Bureau of Land Man-
agement in Lake County, California, and identified 
as ‘‘Proposed Walker Ridge (Molok Luyuk) Addi-
tion’’ on the Map. 
(b) NATIONAL MONUMENT EXPANSION.— 
(1) BOUNDARY MODIFICATION.—The boundary 
of the National Monument is modified to include the 
Walker Ridge (Molok Luyuk) Addition. 
(2) MAP.— 
(A) CORRECTIONS.—The Secretary may 
make clerical and typographical corrections to 
the Map. 
(B) PUBLIC AVAILABILITY; EFFECT.—The 
Map and any corrections to the Map under sub-
paragraph (A) shall— 
(i) be publicly available on the website 
of the Bureau of Land Management; and 
(ii) have the same force and effect as 
if included in this section. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02357
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2358 
HR 7900 PCS
(3) ADMINISTRATION.—Subject to valid existing 
rights, the Secretary shall administer the Walker 
Ridge (Molok Luyuk) Addition— 
(A) as part of the National Monument; 
(B) in accordance with Presidential Procla-
mation 9298, dated July 10, 2015 (80 Fed. 
Reg. 41975); and 
(C) in accordance with applicable laws (in-
cluding regulations). 
(c) MANAGEMENT PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, the Sec-
retary and the Secretary of Agriculture shall jointly 
develop a comprehensive management plan for the 
National Monument in accordance with, and in a 
manner that fulfills the purposes described in, Presi-
dential Proclamation 9298, dated July 10, 2015 (80 
Fed. Reg. 41975). 
(2) TRIBAL
CONSULTATION.—The Secretary 
and the Secretary of Agriculture shall consult with 
affected federally recognized Indian Tribes in— 
(A) the development of the management 
plan under paragraph (1); and 
(B) making management decisions relating 
to the National Monument. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02358
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2359 
HR 7900 PCS
(3) CONTINUED
ENGAGEMENT
WITH
INDIAN 
TRIBES.—The management plan developed under 
paragraph (1) shall set forth parameters for contin-
ued meaningful engagement with affected federally 
recognized Indian Tribes in the implementation of 
the management plan. 
(4) EFFECT.—Nothing in this section affects 
the conduct of fire mitigation or suppression activi-
ties at the National Monument, including through 
the use of existing agreements. 
(d) AGREEMENTS
AND
PARTNERSHIPS.—To the 
maximum extent practicable and in accordance with appli-
cable laws, on request of an affected federally recognized 
Indian Tribe, the Secretary (acting through the Director 
of the Bureau of Land Management) and the Secretary 
of Agriculture (acting through the Chief of the Forest 
Service) shall enter into agreements, contracts, and other 
cooperative and collaborative partnerships with the feder-
ally recognized Indian Tribe regarding management of the 
National Monument under relevant Federal authority, in-
cluding— 
(1) the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5301 et seq.); 
(2) the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1701 et seq.); 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02359
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2360 
HR 7900 PCS
(3) the Tribal Self-Governance Act of 1994 (25 
U.S.C. 5361 et seq.); 
(4) the Tribal Forest Protection Act of 2004 
(25 U.S.C. 3115a et seq.); 
(5) the good neighbor authority under section 
8206 of the Agricultural Act of 2014 (16 U.S.C. 
2113a); 
(6) Executive Order 13175 (25 U.S.C. 5301 
note; relating to consultation and coordination with 
Indian Tribal governments); 
(7) Secretarial Order 3342, issued by the Sec-
retary on October 21, 2016 (relating to identifying 
opportunities for cooperative and collaborative part-
nerships with federally recognized Indian Tribes in 
the management of Federal lands and resources); 
and 
(8) Joint Secretarial Order 3403, issued by the 
Secretary and the Secretary of Agriculture on No-
vember 15, 2021 (relating to fulfilling the trust re-
sponsibility to Indian Tribes in the stewardship of 
Federal lands and waters). 
(e) DESIGNATION
OF
CONDOR
RIDGE
(MOLOK 
LUYUK) 
IN
LAKE
AND
COLUSA
COUNTIES, CALI-
FORNIA.— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02360
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2361 
HR 7900 PCS
(1) IN GENERAL.—The parcel of Federal land 
administered by the Bureau of Land Management 
located in Lake and Colusa Counties in the State of 
California and commonly referred to as ‘‘Walker 
Ridge’’ shall be known and designated as ‘‘Condor 
Ridge (Molok Luyuk)’’. 
(2) REFERENCES.—Any reference in a law, 
map, regulation, document, paper, or other record of 
the United States to the parcel of Federal land de-
scribed in paragraph (1) shall be deemed to be a ref-
erence to ‘‘Condor Ridge (Molok Luyuk)’’. 
(3) MAP AND LEGAL DESCRIPTION.— 
(A) PREPARATION.— 
(i) INITIAL
MAP.—The Board shall 
prepare a map and legal description of the 
parcel of Federal land designated by sub-
section (a). 
(ii) CORRECTIONS.—The Board and 
the Director of the Bureau of Land Man-
agement may make clerical and typo-
graphical corrections to the map and legal 
description prepared under clause (i). 
(B) CONSULTATION.—In preparing the 
map and legal description under subparagraph 
(A)(i), the Board shall consult with— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02361
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2362 
HR 7900 PCS
(i) the Director of the Bureau of 
Land Management; and 
(ii) affected federally recognized In-
dian Tribes. 
(C) PUBLIC AVAILABILITY; EFFECT.—The 
map and legal description prepared under sub-
paragraph (A)(i) and any correction to the map 
or legal description made under subparagraph 
(A)(ii) shall— 
(i) be publicly available on the website 
of the Board, the Bureau of Land Manage-
ment, or both; and 
(ii) have the same force and effect as 
if included in this section. 
TITLE 
LVI—INSPECTOR 
GEN-
ERAL 
INDEPENDENCE 
AND 
EMPOWERMENT MATTERS 
Subtitle A—Inspector General 
Independence 
SEC. 5601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Securing Inspector 
General Independence Act of 2022’’. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02362
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2363 
HR 7900 PCS
SEC. 5602. REMOVAL OR TRANSFER OF INSPECTORS GEN-
ERAL; PLACEMENT ON NON-DUTY STATUS. 
(a) IN GENERAL.—The Inspector General Act of 
1978 (5 U.S.C. App.) is amended— 
(1) in section 3(b)— 
(A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’; 
(B) in paragraph (1), as so designated— 
(i) in subparagraph (A), as so des-
ignated, in the second sentence— 
(I) by striking ‘‘reasons’’ and in-
serting the following: ‘‘substantive ra-
tionale, including detailed and case- 
specific reasons,’’; and 
(II) by inserting ‘‘(including to 
the appropriate congressional commit-
tees)’’ after ‘‘Houses of Congress’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) If there is an open or completed inquiry into 
an Inspector General that relates to the removal or trans-
fer of the Inspector General under subparagraph (A), the 
written communication required under that subparagraph 
shall— 
‘‘(i) identify each entity that is conducting, or 
that conducted, the inquiry; and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02363
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2364 
HR 7900 PCS
‘‘(ii) in the case of a completed inquiry, contain 
the findings made during the inquiry.’’; and 
(C) by adding at the end the following: 
‘‘(2)(A) Subject to the other provisions of this para-
graph, only the President may place an Inspector General 
on non-duty status. 
‘‘(B) If the President places an Inspector General on 
non-duty status, the President shall communicate in writ-
ing the substantive rationale, including detailed and case- 
specific reasons, for the change in status to both Houses 
of Congress (including to the appropriate congressional 
committees) not later than 15 days before the date on 
which the change in status takes effect, except that the 
President may submit that communication not later than 
the date on which the change in status takes effect if— 
‘‘(i) the President has made a determination 
that the continued presence of the Inspector General 
in the workplace poses a threat described in any of 
clauses (i) through (iv) of section 6329b(b)(2)(A) of 
title 5, United States Code; and 
‘‘(ii) in the communication, the President in-
cludes a report on the determination described in 
clause (i), which shall include— 
‘‘(I) a specification of which clause of sec-
tion 6329b(b)(2)(A) of title 5, United States 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02364
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2365 
HR 7900 PCS
Code, the President has determined applies 
under clause (i) of this subparagraph; 
‘‘(II) the substantive rationale, including 
detailed and case-specific reasons, for the deter-
mination made under clause (i); 
‘‘(III) an identification of each entity that 
is conducting, or that conducted, any inquiry 
upon which the determination under clause (i) 
was made; and 
‘‘(IV) in the case of an inquiry described 
in subclause (III) that is completed, the find-
ings made during that inquiry. 
‘‘(C) The President may not place an Inspector Gen-
eral on non-duty status during the 30-day period pre-
ceding the date on which the Inspector General is removed 
or transferred under paragraph (1)(A) unless the Presi-
dent— 
‘‘(i) has made a determination that the contin-
ued presence of the Inspector General in the work-
place poses a threat described in any of clauses (i) 
through (iv) of section 6329b(b)(2)(A) of title 5, 
United States Code; and 
‘‘(ii) not later than the date on which the 
change in status takes effect, submits to both 
Houses of Congress (including to the appropriate 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02365
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2366 
HR 7900 PCS
congressional committees) a written communication 
that contains the information required under sub-
paragraph (B), including the report required under 
clause (ii) of that subparagraph. 
‘‘(D) For the purposes of this paragraph— 
‘‘(i) the term ‘Inspector General’— 
‘‘(I) means an Inspector General who was 
appointed by the President, without regard to 
whether the Senate provided advice and consent 
with respect to that appointment; and 
‘‘(II) includes the Inspector General of an 
establishment, the Inspector General of the In-
telligence Community, the Inspector General of 
the Central Intelligence Agency, the Special In-
spector General for Afghanistan Reconstruc-
tion, the Special Inspector General for the 
Troubled Asset Relief Program, and the Special 
Inspector General for Pandemic Recovery; and 
‘‘(ii) a reference to the removal or transfer of 
an Inspector General under paragraph (1), or to the 
written communication described in that paragraph, 
shall be considered to be— 
‘‘(I) in the case of the Inspector General of 
the Intelligence Community, a reference to sec-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02366
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2367 
HR 7900 PCS
tion 103H(c)(4) of the National Security Act of 
1947 (50 U.S.C. 3033(c)(4)); 
‘‘(II) in the case of the Inspector General 
of the Central Intelligence Agency, a reference 
to section 17(b)(6) of the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 3517(b)(6)); 
‘‘(III) in the case of the Special Inspector 
General for Afghanistan Reconstruction, a ref-
erence to section 1229(c)(6) of the National 
Defense Authorization Act for Fiscal Year 2008 
(Public Law 110–181; 122 Stat. 378); 
‘‘(IV) in the case of the Special Inspector 
General for the Troubled Asset Relief Program, 
a reference to section 121(b)(4) of the Emer-
gency Economic Stabilization Act of 2008 (12 
U.S.C. 5231(b)(4)); and 
‘‘(V) in the case of the Special Inspector 
General for Pandemic Recovery, a reference to 
section 4018(b)(3) of the CARES Act (15 
U.S.C. 9053(b)(3)).’’; and 
(2) in section 8G(e)— 
(A) in paragraph (1), by inserting ‘‘or 
placement on non-duty status’’ after ‘‘a re-
moval’’; 
(B) in paragraph (2)— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02367
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2368 
HR 7900 PCS
(i) by inserting ‘‘(A)’’ after ‘‘(2)’’; 
(ii) in subparagraph (A), as so des-
ignated, in the first sentence— 
(I) by striking ‘‘reasons’’ and in-
serting the following: ‘‘substantive ra-
tionale, including detailed and case- 
specific reasons,’’; and 
(II) by inserting ‘‘(including to 
the appropriate congressional commit-
tees)’’ after ‘‘Houses of Congress’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) If there is an open or completed inquiry into 
an Inspector General that relates to the removal or trans-
fer of the Inspector General under subparagraph (A), the 
written communication required under that subparagraph 
shall— 
‘‘(i) identify each entity that is conducting, or 
that conducted, the inquiry; and 
‘‘(ii) in the case of a completed inquiry, contain 
the findings made during the inquiry.’’; and 
(C) by adding at the end the following: 
‘‘(3)(A) Subject to the other provisions of this para-
graph, only the head of the applicable designated Federal 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02368
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2369 
HR 7900 PCS
entity (referred to in this paragraph as the ‘covered offi-
cial’) may place an Inspector General on non-duty status. 
‘‘(B) If a covered official places an Inspector General 
on non-duty status, the covered official shall communicate 
in writing the substantive rationale, including detailed and 
case-specific reasons, for the change in status to both 
Houses of Congress (including to the appropriate congres-
sional committees) not later than 15 days before the date 
on which the change in status takes effect, except that 
the covered official may submit that communication not 
later than the date on which the change in status takes 
effect if— 
‘‘(i) the covered official has made a determina-
tion that the continued presence of the Inspector 
General in the workplace poses a threat described in 
any 
of 
clauses 
(i) 
through 
(iv) 
of 
section 
6329b(b)(2)(A) of title 5, United States Code; and 
‘‘(ii) in the communication, the covered official 
includes a report on the determination described in 
clause (i), which shall include— 
‘‘(I) a specification of which clause of sec-
tion 6329b(b)(2)(A) of title 5, United States 
Code, the covered official has determined ap-
plies under clause (i) of this subparagraph; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02369
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2370 
HR 7900 PCS
‘‘(II) the substantive rationale, including 
detailed and case-specific reasons, for the deter-
mination made under clause (i); 
‘‘(III) an identification of each entity that 
is conducting, or that conducted, any inquiry 
upon which the determination under clause (i) 
was made; and 
‘‘(IV) in the case of an inquiry described 
in subclause (III) that is completed, the find-
ings made during that inquiry. 
‘‘(C) A covered official may not place an Inspector 
General on non-duty status during the 30-day period pre-
ceding the date on which the Inspector General is removed 
or transferred under paragraph (2)(A) unless the covered 
official— 
‘‘(i) has made a determination that the contin-
ued presence of the Inspector General in the work-
place poses a threat described in any of clauses (i) 
through (iv) of section 6329b(b)(2)(A) of title 5, 
United States Code; and 
‘‘(ii) not later than the date on which the 
change in status takes effect, submits to both 
Houses of Congress (including to the appropriate 
congressional committees) a written communication 
that contains the information required under sub-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02370
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2371 
HR 7900 PCS
paragraph (B), including the report required under 
clause (ii) of that subparagraph. 
‘‘(D) Nothing in this paragraph may be construed to 
limit or otherwise modify— 
‘‘(i) any statutory protection that is afforded to 
an Inspector General; or 
‘‘(ii) any other action that a covered official 
may take under law with respect to an Inspector 
General.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 12(3) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by inserting ‘‘except as otherwise 
expressly provided,’’ before ‘‘the term’’. 
SEC. 5603. VACANCY IN POSITION OF INSPECTOR GENERAL. 
(a) IN GENERAL.—Section 3 of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by adding at the 
end the following: 
‘‘(h)(1) In this subsection— 
‘‘(A) the term ‘first assistant to the position of 
Inspector General’ means, with respect to an Office 
of Inspector General— 
‘‘(i) an individual who, as of the day before 
the date on which the Inspector General dies, 
resigns, or otherwise becomes unable to perform 
the functions and duties of that position— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02371
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2372 
HR 7900 PCS
‘‘(I) is serving in a position in that 
Office; and 
‘‘(II) has been designated in writing 
by the Inspector General, through an order 
of succession or otherwise, as the first as-
sistant to the position of Inspector Gen-
eral; or 
‘‘(ii) if the Inspector General has not made 
a designation described in clause (i)(II)— 
‘‘(I) the Principal Deputy Inspector 
General of that Office, as of the day before 
the date on which the Inspector General 
dies, resigns, or otherwise becomes unable 
to perform the functions and duties of that 
position; or 
‘‘(II) if there is no Principal Deputy 
Inspector General of that Office, the Dep-
uty Inspector General of that Office, as of 
the day before the date on which the In-
spector General dies, resigns, or otherwise 
becomes unable to perform the functions 
and duties of that position; and 
‘‘(B) the term ‘Inspector General’— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02372
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2373 
HR 7900 PCS
‘‘(i) means an Inspector General who is ap-
pointed by the President, by and with the ad-
vice and consent of the Senate; and 
‘‘(ii) includes the Inspector General of an 
establishment, the Inspector General of the In-
telligence Community, the Inspector General of 
the Central Intelligence Agency, the Special In-
spector General for the Troubled Asset Relief 
Program, and the Special Inspector General for 
Pandemic Recovery. 
‘‘(2) If an Inspector General dies, resigns, or is other-
wise unable to perform the functions and duties of the po-
sition— 
‘‘(A) section 3345(a) of title 5, United States 
Code, and section 103(e) of the National Security 
Act of 1947 (50 U.S.C. 3025(e)) shall not apply; 
‘‘(B) subject to paragraph (4), the first assist-
ant to the position of Inspector General shall per-
form the functions and duties of the Inspector Gen-
eral temporarily in an acting capacity subject to the 
time limitations of section 3346 of title 5, United 
States Code; and 
‘‘(C) notwithstanding subparagraph (B), and 
subject to paragraphs (4) and (5), the President 
(and only the President) may direct an officer or 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02373
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2374 
HR 7900 PCS
employee of any Office of an Inspector General to 
perform the functions and duties of the Inspector 
General temporarily in an acting capacity subject to 
the time limitations of section 3346 of title 5, 
United States Code, only if— 
‘‘(i) during the 365-day period preceding 
the date of death, resignation, or beginning of 
inability to serve of the Inspector General, the 
officer or employee served in a position in an 
Office of an Inspector General for not less than 
90 days, except that— 
‘‘(I) the requirement under this clause 
shall not apply if the officer is an Inspec-
tor General; and 
‘‘(II) for the purposes of this subpara-
graph, performing the functions and duties 
of an Inspector General temporarily in an 
acting capacity does not qualify as service 
in a position in an Office of an Inspector 
General; 
‘‘(ii) the rate of pay for the position of the 
officer or employee described in clause (i) is 
equal to or greater than the minimum rate of 
pay payable for a position at GS–15 of the 
General Schedule; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02374
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2375 
HR 7900 PCS
‘‘(iii) the officer or employee has dem-
onstrated ability in accounting, auditing, finan-
cial analysis, law, management analysis, public 
administration, or investigations; and 
‘‘(iv) not later than 30 days before the 
date on which the direction takes effect, the 
President communicates in writing to both 
Houses of Congress (including to the appro-
priate congressional committees) the sub-
stantive rationale, including the detailed and 
case-specific reasons, for such direction, includ-
ing the reason for the direction that someone 
other than the individual who is performing the 
functions and duties of the Inspector General 
temporarily in an acting capacity (as of the 
date on which the President issues that direc-
tion) perform those functions and duties tempo-
rarily in an acting capacity. 
‘‘(3) Notwithstanding section 3345(a) of title 5, 
United States Code, section 103(e) of the National Secu-
rity Act of 1947 (50 U.S.C. 3025(e)), and subparagraphs 
(B) and (C) of paragraph (2), and subject to paragraph 
(4), during any period in which an Inspector General is 
on non-duty status— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02375
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2376 
HR 7900 PCS
‘‘(A) the first assistant to the position of In-
spector General shall perform the functions and du-
ties of the position temporarily in an acting capacity 
subject to the time limitations of section 3346 of 
title 5, United States Code; and 
‘‘(B) if the first assistant described in subpara-
graph (A) dies, resigns, or becomes otherwise unable 
to perform those functions and duties, the President 
(and only the President) may direct an officer or 
employee in that Office of Inspector General to per-
form those functions and duties temporarily in an 
acting capacity, subject to the time limitations of 
section 3346 of title 5, United States Code, if— 
‘‘(i) that direction satisfies the require-
ments under clauses (ii), (iii), and (iv) of para-
graph (2)(C); and 
‘‘(ii) that officer or employee served in a 
position in that Office of Inspector General for 
not fewer than 90 of the 365 days preceding 
the date on which the President makes that di-
rection. 
‘‘(4) An individual may perform the functions and 
duties of an Inspector General temporarily and in an act-
ing capacity under subparagraph (B) or (C) of paragraph 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02376
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2377 
HR 7900 PCS
(2), or under paragraph (3), with respect to only 1 Inspec-
tor General position at any given time. 
‘‘(5) If the President makes a direction under para-
graph (2)(C), during the 30-day period preceding the date 
on which the direction of the President takes effect, the 
functions and duties of the position of the applicable In-
spector General shall be performed by— 
‘‘(A) the first assistant to the position of In-
spector General; or 
‘‘(B) the individual performing those functions 
and duties temporarily in an acting capacity, as of 
the date on which the President issues that direc-
tion, if that individual is an individual other than 
the first assistant to the position of Inspector Gen-
eral.’’. 
(b) RULE
OF
CONSTRUCTION.—Nothing in the 
amendment made by subsection (a) may be construed to 
limit the applicability of sections 3345 through 3349d of 
title 5, United States Code (commonly known as the ‘‘Fed-
eral Vacancies Reform Act of 1998’’), other than with re-
spect to section 3345(a) of that title. 
(c) EFFECTIVE DATE.— 
(1) DEFINITION.—In this subsection, the term 
‘‘Inspector General’’ has the meaning given the term 
in subsection (h)(1)(B) of section 3 of the Inspector 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02377
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2378 
HR 7900 PCS
General Act of 1978 (5 U.S.C. App.), as added by 
subsection (a) of this section. 
(2) APPLICABILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), this section, and the amend-
ments made by this section, shall take effect on 
the date of enactment of this Act. 
(B) EXISTING VACANCIES.—If, as of the 
date of enactment of this Act, an individual is 
performing the functions and duties of an In-
spector General temporarily in an acting capac-
ity, this section, and the amendments made by 
this section, shall take effect with respect to 
that Inspector General position on the date that 
is 30 days after the date of enactment of this 
Act. 
SEC. 5604. OFFICE OF INSPECTOR GENERAL WHISTLE-
BLOWER COMPLAINTS. 
(a) WHISTLEBLOWER PROTECTION COORDINATOR.— 
Section 3(d)(1)(C) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended— 
(1) in clause (i), in the matter preceding sub-
clause (I), by inserting ‘‘, including employees of 
that Office of Inspector General’’ after ‘‘employees’’; 
and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02378
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2379 
HR 7900 PCS
(2) in clause (iii), by inserting ‘‘(including the 
Integrity Committee of that Council)’’ after ‘‘and 
Efficiency’’. 
(b) COUNCIL OF THE INSPECTORS GENERAL ON IN-
TEGRITY AND EFFICIENCY.—Section 11(c)(5)(B) of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended 
by striking ‘‘, allegations of reprisal,’’ and inserting the 
following: ‘‘and allegations of reprisal (including the timely 
and appropriate handling and consideration of protected 
disclosures and allegations of reprisal that are internal to 
an Office of Inspector General)’’. 
Subtitle 
B—Presidential 
Expla-
nation of Failure to Nominate 
an Inspector General 
SEC. 5611. PRESIDENTIAL EXPLANATION OF FAILURE TO 
NOMINATE AN INSPECTOR GENERAL. 
(a) IN GENERAL.—Subchapter III of chapter 33 of 
title 5, United States Code, is amended by inserting after 
section 3349d the following: 
‘‘§ 3349e. Presidential explanation of failure to nomi-
nate an inspector general 
‘‘If the President fails to make a formal nomination 
for a vacant inspector general position that requires a for-
mal nomination by the President to be filled within the 
period beginning on the later of the date on which the 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02379
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2380 
HR 7900 PCS
vacancy occurred or on which a nomination is rejected, 
withdrawn, or returned, and ending on the day that is 210 
days after that date, the President shall communicate, 
within 30 days after the end of such period and not later 
than June 1 of each year thereafter, to the appropriate 
congressional committees, as defined in section 12 of the 
Inspector General Act of 1978 (5 U.S.C. App.)— 
‘‘(1) the reasons why the President has not yet 
made a formal nomination; and 
‘‘(2) a target date for making a formal nomina-
tion.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for subchapter III of chapter 33 of 
title 5, United States Code, is amended by inserting after 
the item relating to section 3349d the following: 
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect— 
(1) on the date of enactment of this Act with 
respect to any vacancy first occurring on or after 
that date; and 
(2) on the day that is 210 days after the date 
of enactment of this Act with respect to any vacancy 
that occurred before the date of enactment of this 
Act. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02380
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2381 
HR 7900 PCS
Subtitle C—Integrity Committee of 
the Council of Inspectors Gen-
eral on Integrity and Efficiency 
Transparency 
SEC. 5621. SHORT TITLE. 
This subtitle may be cited as the ‘‘Integrity Com-
mittee Transparency Act of 2022’’. 
SEC. 5622. ADDITIONAL INFORMATION TO BE INCLUDED IN 
REQUESTS AND REPORTS TO CONGRESS. 
Section 11(d) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended— 
(1) in paragraph (5)(B)(ii), by striking the pe-
riod at the end and inserting ‘‘, the length of time 
the Integrity Committee has been evaluating the al-
legation of wrongdoing, and a description of any pre-
vious written notice provided under this clause with 
respect to the allegation of wrongdoing, including 
the description provided for why additional time was 
needed.’’; and 
(2) in paragraph (8)(A)(ii), by inserting ‘‘or 
corrective action’’ after ‘‘disciplinary action’’. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02381
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2382 
HR 7900 PCS
SEC. 5623. AVAILABILITY OF INFORMATION TO CONGRESS 
ON CERTAIN ALLEGATIONS OF WRONGDOING 
CLOSED WITHOUT REFERRAL. 
Section 11(d)(5)(B) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by adding at the end 
the following: 
‘‘(iii) AVAILABILITY OF INFORMATION 
TO CONGRESS ON CERTAIN ALLEGATIONS 
OF
WRONGDOING
CLOSED
WITHOUT
RE-
FERRAL.— 
‘‘(I) IN GENERAL.—With respect 
to an allegation of wrongdoing made 
by a member of Congress that is 
closed by the Integrity Committee 
without referral to the Chairperson of 
the Integrity Committee to initiate an 
investigation, the Chairperson of the 
Integrity Committee shall, not later 
than 60 days after closing the allega-
tion of wrongdoing, provide a written 
description of the nature of the allega-
tion of wrongdoing and how the Integ-
rity Committee evaluated the allega-
tion of wrongdoing to— 
‘‘(aa) the Chair and Rank-
ing Minority Member of the 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02382
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2383 
HR 7900 PCS
Committee on Homeland Security 
and Governmental Affairs of the 
Senate; and 
‘‘(bb) the Chair and Rank-
ing Minority Member of the 
Committee on Oversight and Re-
form of the House of Representa-
tives. 
‘‘(II) REQUIREMENT
TO
FOR-
WARD.—The Chairperson of the In-
tegrity Committee shall forward any 
written description or update provided 
under this clause to the members of 
the Integrity Committee and to the 
Chairperson of the Council.’’. 
SEC. 5624. SEMIANNUAL REPORT. 
Section 11(d)(9) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended to read as follows: 
‘‘(9) SEMIANNUAL REPORT.—On or before May 
31, 2022, and every 6 months thereafter, the Coun-
cil shall submit to Congress and the President a re-
port on the activities of the Integrity Committee 
during the immediately preceding 6-month periods 
ending March 31 and September 30, which shall in-
clude the following with respect to allegations of 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02383
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2384 
HR 7900 PCS
wrongdoing that are made against Inspectors Gen-
eral and staff members of the various Offices of In-
spector General described in paragraph (4)(C): 
‘‘(A) An overview and analysis of the alle-
gations of wrongdoing disposed of by the Integ-
rity Committee, including— 
‘‘(i) analysis of the positions held by 
individuals against whom allegations were 
made, including the duties affiliated with 
such positions; 
‘‘(ii) analysis of the categories or 
types of the allegations of wrongdoing; and 
‘‘(iii) a summary of disposition of all 
the allegations. 
‘‘(B) The number of allegations received by 
the Integrity Committee. 
‘‘(C) The number of allegations referred to 
the Department of Justice or the Office of Spe-
cial Counsel, including the number of allega-
tions referred for criminal investigation. 
‘‘(D) The number of allegations referred to 
the Chairperson of the Integrity Committee for 
investigation, a general description of the status 
of such investigations, and a summary of the 
findings of investigations completed. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02384
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2385 
HR 7900 PCS
‘‘(E) An overview and analysis of allega-
tions of wrongdoing received by the Integrity 
Committee during any previous reporting pe-
riod, but remained pending during some part of 
the six months covered by the report, includ-
ing— 
‘‘(i) analysis of the positions held by 
individuals against whom allegations were 
made, including the duties affiliated with 
such positions; 
‘‘(ii) analysis of the categories or 
types of the allegations of wrongdoing; and 
‘‘(iii) a summary of disposition of all 
the allegations. 
‘‘(F) The number and category or type of 
pending investigations. 
‘‘(G) For each allegation received— 
‘‘(i) the date on which the investiga-
tion was opened; 
‘‘(ii) the date on which the allegation 
was disposed of, as applicable; and 
‘‘(iii) the case number associated with 
the allegation. 
‘‘(H) The nature and number of allega-
tions to the Integrity Committee closed without 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02385
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2386 
HR 7900 PCS
referral, including the justification for why each 
allegation was closed without referral. 
‘‘(I) A brief description of any difficulty 
encountered by the Integrity Committee when 
receiving, evaluating, investigating, or referring 
for investigation an allegation received by the 
Integrity Committee, including a brief descrip-
tion of— 
‘‘(i) any attempt to prevent or hinder 
an investigation; or 
‘‘(ii) concerns about the integrity or 
operations at an Office of Inspector Gen-
eral. 
‘‘(J) Other matters that the Council con-
siders appropriate.’’. 
SEC. 5625. ADDITIONAL REPORTS. 
Section 5 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(1) by redesignating subsections (e) and (f) as 
subsections (g) and (h), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) ADDITIONAL REPORTS.— 
‘‘(1) REPORT TO INSPECTOR GENERAL.—The 
Chairperson of the Integrity Committee of the Coun-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02386
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2387 
HR 7900 PCS
cil of the Inspectors General on Integrity and Effi-
ciency shall, immediately whenever the Chairperson 
of the Integrity Committee becomes aware of par-
ticularly serious or flagrant problems, abuses, or de-
ficiencies relating to the administration of programs 
and operations of an Office of Inspector General for 
which the Integrity Committee may receive, review, 
and refer for investigation allegations of wrongdoing 
under section 11(d), submit a report to the Inspec-
tor General who leads the Office at which the seri-
ous or flagrant problems, abuses, or deficiencies 
were alleged. 
‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND 
THE ESTABLISHMENT.—Not later than 7 days after 
the date on which an Inspector General receives a 
report submitted under paragraph (1), the Inspector 
General shall submit to the President, the appro-
priate congressional committees, and the head of the 
establishment— 
‘‘(A) the report received under paragraph 
(1); and 
‘‘(B) a report by the Inspector General 
containing any comments the Inspector General 
determines appropriate.’’. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02387
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2388 
HR 7900 PCS
SEC. 5626. REQUIREMENT TO REPORT FINAL DISPOSITION 
TO CONGRESS. 
Section 11(d)(8)(B) of the Inspector General Act of 
1978 (5 U.S.C. App.) is amended by inserting ‘‘and the 
appropriate congressional committees’’ after ‘‘Integrity 
Committee’’. 
SEC. 5627. INVESTIGATIONS OF OFFICES OF INSPECTORS 
GENERAL OF ESTABLISHMENTS BY THE IN-
TEGRITY COMMITTEE. 
Section 11(d)(7)(B)(i)(V) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by inserting ‘‘, 
and that an investigation of an Office of Inspector General 
of an establishment is conducted by another Office of In-
spector General of an establishment’’ after ‘‘size’’. 
Subtitle D—Notice of Ongoing In-
vestigations When There Is a 
Change in Status of Inspector 
General 
SEC. 5631. NOTICE OF ONGOING INVESTIGATIONS WHEN 
THERE IS A CHANGE IN STATUS OF INSPEC-
TOR GENERAL. 
Section 5 of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by inserting after subsection (e), 
as added by section 5625 of this title, the following: 
‘‘(f) Not later than 15 days after an Inspector Gen-
eral is removed, placed on paid or unpaid non-duty status, 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02388
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2389 
HR 7900 PCS
or transferred to another position or location within an 
establishment, the officer or employee performing the 
functions and duties of the Inspector General temporarily 
in an acting capacity shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate and the Committee on Oversight and Reform of the 
House of Representatives information regarding work 
being conducted by the Office as of the date on which the 
Inspector General was removed, placed on paid or unpaid 
non-duty status, or transferred, which shall include— 
‘‘(1) for each investigation— 
‘‘(A) the type of alleged offense; 
‘‘(B) the fiscal quarter in which the Office 
initiated the investigation; 
‘‘(C) the relevant Federal agency, includ-
ing the relevant component of that Federal 
agency for any Federal agency listed in section 
901(b) of title 31, United States Code, under 
investigation or affiliated with the individual or 
entity under investigation; and 
‘‘(D) whether the investigation is adminis-
trative, civil, criminal, or a combination thereof, 
if known; and 
‘‘(2) for any work not described in paragraph 
(1)— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02389
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2390 
HR 7900 PCS
‘‘(A) a description of the subject matter 
and scope; 
‘‘(B) the relevant agency, including the rel-
evant component of that Federal agency, under 
review; 
‘‘(C) the date on which the Office initiated 
the work; and 
‘‘(D) the expected time frame for comple-
tion.’’. 
Subtitle E—Council of the Inspec-
tors General on Integrity and 
Efficiency Report on Expendi-
tures 
SEC. 5641. CIGIE REPORT ON EXPENDITURES. 
Section 11(c)(3) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended by adding at the end the fol-
lowing: 
‘‘(D) REPORT
ON
EXPENDITURES.—Not 
later than November 30 of each year, the 
Chairperson shall submit to the appropriate 
committees or subcommittees of Congress, in-
cluding the Committee on Appropriations of the 
Senate and the Committee on Appropriations of 
the House of Representatives, a report on the 
expenditures of the Council for the preceding 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02390
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2391 
HR 7900 PCS
fiscal year, including from direct appropriations 
to the Council, interagency funding pursuant to 
subparagraph (A), a revolving fund pursuant to 
subparagraph (B), or any other source.’’. 
Subtitle F—Notice of Refusal to 
Provide Inspectors General Access 
SEC. 5651. NOTICE OF REFUSAL TO PROVIDE INFORMATION 
OR ASSISTANCE TO INSPECTORS GENERAL. 
Section 6(c) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by adding at the end the fol-
lowing: 
‘‘(3) If the information or assistance that is the sub-
ject of a report under paragraph (2) is not provided to 
the Inspector General by the date that is 30 days after 
the report is made, the Inspector General shall submit a 
notice that the information or assistance requested has not 
been provided by the head of the establishment involved 
or the head of the Federal agency involved, as applicable, 
to the appropriate congressional committees.’’. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02391
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2392 
HR 7900 PCS
Subtitle G—Training Resources for 
Inspectors General and Other 
Matters 
SEC. 5671. TRAINING RESOURCES FOR INSPECTORS GEN-
ERAL. 
Section 11(c)(1) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended— 
(1) 
by 
redesignating 
subparagraphs 
(E) 
through (I) as subparagraphs (F) through (J), re-
spectively; and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) support the professional development 
of Inspectors General, including by providing 
training opportunities on the duties, responsibil-
ities, and authorities under this Act and on top-
ics relevant to Inspectors General and the work 
of Inspectors General, as identified by Inspec-
tors General and the Council.’’. 
SEC. 5672. DEFINITION OF APPROPRIATE CONGRESSIONAL 
COMMITTEES. 
The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended— 
(1) in section 5— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02392
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2393 
HR 7900 PCS
(A) in subsection (b), in the matter pre-
ceding paragraph (1), by striking ‘‘committees 
or subcommittees of the Congress’’ and insert-
ing ‘‘congressional committees’’; and 
(B) in subsection (d), by striking ‘‘commit-
tees or subcommittees of Congress’’ and insert-
ing ‘‘congressional committees’’; 
(2) in section 6(h)(4)— 
(A) in subparagraph (B), by striking 
‘‘Government’’; and 
(B) by amending subparagraph (C) to read 
as follows: 
‘‘(C) Any other relevant congressional com-
mittee or subcommittee of jurisdiction.’’; 
(3) in section 8— 
(A) in subsection (b)— 
(i) in paragraph (3), by striking ‘‘the 
Committees on Armed Services and Gov-
ernmental Affairs of the Senate and the 
Committee on Armed Services and the 
Committee on Government Reform and 
Oversight of the House of Representatives 
and to other appropriate committees or 
subcommittees of the Congress’’ and in-
serting ‘‘the appropriate congressional 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02393
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2394 
HR 7900 PCS
committees, including the Committee on 
Armed Services of the Senate and the 
Committee on Armed Services of the 
House of Representatives’’; and 
(ii) in paragraph (4), by striking ‘‘and 
to other appropriate committees or sub-
committees’’; and 
(B) in subsection (f)— 
(i) in paragraph (1), by striking ‘‘the 
Committees on Armed Services and on 
Homeland Security and Governmental Af-
fairs of the Senate and the Committees on 
Armed Services and on Oversight and Gov-
ernment Reform of the House of Rep-
resentatives and to other appropriate com-
mittees or subcommittees of Congress’’ and 
inserting ‘‘the appropriate congressional 
committees, including the Committee on 
Armed Services of the Senate and the 
Committee on Armed Services of the 
House of Representatives’’; and 
(ii) in paragraph (2), by striking 
‘‘committees or subcommittees of the Con-
gress’’ and inserting ‘‘congressional com-
mittees’’; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02394
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2395 
HR 7900 PCS
(4) in section 8D— 
(A) in subsection (a)(3), by striking ‘‘Com-
mittees on Governmental Affairs and Finance 
of the Senate and the Committees on Govern-
ment Operations and Ways and Means of the 
House of Representatives, and to other appro-
priate committees or subcommittees of the Con-
gress’’ and inserting ‘‘appropriate congressional 
committees, including the Committee on Fi-
nance of the Senate and the Committee on 
Ways and Means of the House of Representa-
tives’’; and 
(B) in subsection (g)— 
(i) in paragraph (1)— 
(I) by striking ‘‘committees or 
subcommittees of the Congress’’ and 
inserting ‘‘congressional committees’’; 
and 
(II) by striking ‘‘Committees on 
Governmental Affairs and Finance of 
the Senate and the Committees on 
Government Reform and Oversight 
and Ways and Means of the House of 
Representatives’’ and inserting ‘‘Com-
mittee on Finance of the Senate and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02395
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2396 
HR 7900 PCS
the Committee on Ways and Means of 
the House of Representatives’’; and 
(ii) in paragraph (2), by striking 
‘‘committees or subcommittees of Con-
gress’’ and inserting ‘‘congressional com-
mittees’’; 
(5) in section 8E— 
(A) in subsection (a)(3), by striking ‘‘Com-
mittees on Governmental Affairs and Judiciary 
of the Senate and the Committees on Govern-
ment Operations and Judiciary of the House of 
Representatives, and to other appropriate com-
mittees or subcommittees of the Congress’’ and 
inserting ‘‘appropriate congressional commit-
tees, including the Committee on the Judiciary 
of the Senate and the Committee on the Judici-
ary of the House of Representatives’’; and 
(B) in subsection (c)— 
(i) by striking ‘‘committees or sub-
committees of the Congress’’ and inserting 
‘‘congressional committees’’; and 
(ii) by striking ‘‘Committees on the 
Judiciary and Governmental Affairs of the 
Senate and the Committees on the Judici-
ary and Government Operations of the 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02396
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2397 
HR 7900 PCS
House of Representatives’’ and inserting 
‘‘Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the 
House of Representatives’’; 
(6) in section 8G— 
(A) in subsection (d)(2)(E), in the matter 
preceding clause (i), by inserting ‘‘the appro-
priate congressional committees, including’’ 
after ‘‘are’’; and 
(B) in subsection (f)(3)— 
(i) in subparagraph (A)(iii), by strik-
ing ‘‘Committee on Governmental Affairs 
of the Senate and the Committee on Gov-
ernment Reform and Oversight of the 
House of Representatives, and to other ap-
propriate committees or subcommittees of 
the Congress’’ and inserting ‘‘the appro-
priate congressional committees’’; and 
(ii) by striking subparagraph (C); 
(7) in section 8I— 
(A) in subsection (a)(3), in the matter pre-
ceding subparagraph (A), by striking ‘‘commit-
tees and subcommittees of Congress’’ and in-
serting ‘‘congressional committees’’; and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02397
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2398 
HR 7900 PCS
(B) in subsection (d), by striking ‘‘commit-
tees and subcommittees of Congress’’ each place 
it appears and inserting ‘‘congressional commit-
tees’’; 
(8) in section 8N(b), by striking ‘‘committees of 
Congress’’ and inserting ‘‘congressional commit-
tees’’; 
(9) in section 11— 
(A) in subsection (b)(3)(B)(viii)— 
(i) by striking subclauses (III) and 
(IV); 
(ii) in subclause (I), by adding ‘‘and’’ 
at the end; and 
(iii) by amending subclause (II) to 
read as follows: 
‘‘(II) the appropriate congres-
sional committees.’’; and 
(B) in subsection (d)(8)(A)(iii), by striking 
‘‘to the’’ and all that follows through ‘‘jurisdic-
tion’’ and inserting ‘‘to the appropriate congres-
sional committees’’; and 
(10) in section 12— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02398
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2399 
HR 7900 PCS
(B) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) the term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Homeland Security 
and Governmental Affairs of the Senate; 
‘‘(B) the Committee on Oversight and Re-
form of the House of Representatives; and 
‘‘(C) any other relevant congressional com-
mittee or subcommittee of jurisdiction.’’. 
SEC. 5673. SEMIANNUAL REPORTS. 
The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended— 
(1) in section 4(a)(2)— 
(A) by inserting ‘‘, including’’ after ‘‘to 
make recommendations’’; and 
(B) by inserting a comma after ‘‘section 
5(a)’’; 
(2) in section 5— 
(A) in subsection (a)— 
(i) by striking paragraphs (1) through 
(12) and inserting the following: 
‘‘(1) a description of significant problems, 
abuses, and deficiencies relating to the administra-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02399
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2400 
HR 7900 PCS
tion of programs and operations of the establishment 
and associated reports and recommendations for cor-
rective action made by the Office; 
‘‘(2) an identification of each recommendation 
made before the reporting period, for which correc-
tive action has not been completed, including the po-
tential costs savings associated with the rec-
ommendation; 
‘‘(3) a summary of significant investigations 
closed during the reporting period; 
‘‘(4) an identification of the total number of 
convictions during the reporting period resulting 
from investigations; 
‘‘(5) information regarding each audit, inspec-
tion, or evaluation report issued during the reporting 
period, including— 
‘‘(A) a listing of each audit, inspection, or 
evaluation; 
‘‘(B) if applicable, the total dollar value of 
questioned costs (including a separate category 
for the dollar value of unsupported costs) and 
the dollar value of recommendations that funds 
be put to better use, including whether a man-
agement decision had been made by the end of 
the reporting period; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02400
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2401 
HR 7900 PCS
‘‘(6) information regarding any management 
decision made during the reporting period with re-
spect to any audit, inspection, or evaluation issued 
during a previous reporting period;’’; 
(ii) by redesignating paragraphs (13) 
through (22) as paragraphs (7) through 
(16), respectively; 
(iii) by amending paragraph (13), as 
so redesignated, to read as follows: 
‘‘(13) a report on each investigation conducted 
by the Office where allegations of misconduct were 
substantiated involving a senior Government em-
ployee or senior official (as defined by the Office) if 
the establishment does not have senior Government 
employees, which shall include— 
‘‘(A) the name of the senior Government 
employee, if already made public by the Office; 
and 
‘‘(B) a detailed description of— 
‘‘(i) the facts and circumstances of 
the investigation; and 
‘‘(ii) the status and disposition of the 
matter, including— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02401
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2402 
HR 7900 PCS
‘‘(I) if the matter was referred to 
the Department of Justice, the date of 
the referral; and 
‘‘(II) if the Department of Jus-
tice declined the referral, the date of 
the declination;’’; and 
(iv) by amending paragraph (15), as 
so redesignated, to read as follows: 
‘‘(15) information related to interference by the 
establishment, including— 
‘‘(A) a detailed description of any attempt 
by the establishment to interfere with the inde-
pendence of the Office, including— 
‘‘(i) with budget constraints designed 
to limit the capabilities of the Office; and 
‘‘(ii) incidents where the establish-
ment has resisted or objected to oversight 
activities of the Office or restricted or sig-
nificantly delayed access to information, 
including the justification of the establish-
ment for such action; and 
‘‘(B) a summary of each report made to 
the head of the establishment under section 
6(c)(2) during the reporting period;’’; and 
(B) in subsection (b)— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02402
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2403 
HR 7900 PCS
(i) by striking paragraphs (2) and (3) 
and inserting the following: 
‘‘(2) where final action on audit, inspection, 
and evaluation reports had not been taken before the 
commencement of the reporting period, statistical ta-
bles showing— 
‘‘(A) with respect to management deci-
sions— 
‘‘(i) for each report, whether a man-
agement decision was made during the re-
porting period; 
‘‘(ii) if a management decision was 
made during the reporting period, the dol-
lar value of disallowed costs and funds to 
be put to better use as agreed to in the 
management decision; and 
‘‘(iii) total number of reports where a 
management decision was made during the 
reporting 
period 
and 
the 
total 
cor-
responding dollar value of disallowed costs 
and funds to be put to better use as agreed 
to in the management decision; and 
‘‘(B) with respect to final actions— 
‘‘(i) whether, if a management deci-
sion was made before the end of the re-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02403
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2404 
HR 7900 PCS
porting period, final action was taken dur-
ing the reporting period; 
‘‘(ii) if final action was taken, the dol-
lar value of— 
‘‘(I) disallowed costs that were 
recovered by management through 
collection, offset, property in lieu of 
cash, or otherwise; 
‘‘(II) disallowed costs that were 
written off by management; 
‘‘(III) disallowed costs and funds 
to be put to better use not yet recov-
ered or written off by management; 
‘‘(IV) recommendations that were 
completed; and 
‘‘(V) recommendations that man-
agement has subsequently concluded 
should not or could not be imple-
mented or completed; and 
‘‘(iii) total number of reports where 
final action was not taken and total num-
ber of reports where final action was 
taken, including the total corresponding 
dollar value of disallowed costs and funds 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02404
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2405 
HR 7900 PCS
to be put to better use as agreed to in the 
management decisions;’’; 
(ii) by redesignating paragraph (4) as 
paragraph (3); 
(iii) in paragraph (3), as so redesig-
nated, by striking ‘‘subsection (a)(20)(A)’’ 
and inserting ‘‘subsection (a)(14)(A)’’; and 
(iv) by striking paragraph (5) and in-
serting the following: 
‘‘(4) a statement explaining why final action 
has not been taken with respect to each audit, in-
spection, and evaluation report in which a manage-
ment decision has been made but final action has 
not yet been taken, except that such statement— 
‘‘(A) may exclude reports if— 
‘‘(i) a management decision was made 
within the preceding year; or 
‘‘(ii) the report is under formal ad-
ministrative or judicial appeal or manage-
ment of the establishment has agreed to 
pursue a legislative solution; and 
‘‘(B) shall identify the number of reports 
in each category so excluded.’’; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02405
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2406 
HR 7900 PCS
(C) by redesignating subsection (h), as so 
redesignated by section ll305 of this title, as 
subsection (i); and 
(D) by inserting after subsection (g), as so 
redesignated by section ll305 of this title, 
the following: 
‘‘(h) If an Office has published any portion of the 
report or information required under subsection (a) to the 
website of the Office or on oversight.gov, the Office may 
elect to provide links to the relevant webpage or website 
in the report of the Office under subsection (a) in lieu 
of including the information in that report.’’. 
SEC. 5674. SUBMISSION OF REPORTS THAT SPECIFICALLY 
IDENTIFY NON-GOVERNMENTAL ORGANIZA-
TIONS OR BUSINESS ENTITIES. 
(a) IN GENERAL.—Section 5(g) of the Inspector Gen-
eral Act of 1978 (5 U.S.C. App.), as so redesignated by 
section ll305 of this title, is amended by adding at the 
end the following: 
‘‘(6)(A) Except as provided in subparagraph (B), if 
an audit, evaluation, inspection, or other non-investigative 
report prepared by an Inspector General specifically iden-
tifies a specific non-governmental organization or business 
entity, whether or not the non-governmental organization 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02406
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2407 
HR 7900 PCS
or business entity is the subject of that audit, evaluation, 
inspection, or non-investigative report— 
‘‘(i) the Inspector General shall notify the non- 
governmental organization or business entity; 
‘‘(ii) the non-governmental organization or busi-
ness entity shall have— 
‘‘(I) 30 days to review the audit, evalua-
tion, inspection, or non-investigative report be-
ginning on the date of publication of the audit, 
evaluation, inspection, or non-investigative re-
port; and 
‘‘(II) the opportunity to submit a written 
response for the purpose of clarifying or pro-
viding additional context as it directly relates to 
each instance wherein an audit, evaluation, in-
spection, or non-investigative report specifically 
identifies that non-governmental organization or 
business entity; and 
‘‘(iii) if a written response is submitted under 
clause (ii)(II) within the 30-day period described in 
clause (ii)(I)— 
‘‘(I) the written response shall be attached 
to the audit, evaluation, inspection, or non-in-
vestigative report; and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02407
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2408 
HR 7900 PCS
‘‘(II) in every instance where the report 
may appear on the public-facing website of the 
Inspector General, the website shall be updated 
in order to access a version of the audit, evalua-
tion, inspection, or non-investigative report that 
includes the written response. 
‘‘(B) Subparagraph (A) shall not apply with respect 
to a non-governmental organization or business entity that 
refused to provide information or assistance sought by an 
Inspector General during the creation of the audit, evalua-
tion, inspection, or non-investigative report. 
‘‘(C) An Inspector General shall review any written 
response received under subparagraph (A) for the purpose 
of preventing the improper disclosure of classified infor-
mation or other non-public information, consistent with 
applicable laws, rules, and regulations, and, if necessary, 
redact such information.’’. 
(b) RETROACTIVE APPLICABILITY.—During the 30- 
day period beginning on the date of enactment of this 
Act— 
(1) the amendment made by subsection (a) 
shall apply upon the request of a non-governmental 
organization or business entity named in an audit, 
evaluation, inspection, or other non-investigative re-
port prepared on or after January 1, 2019; and 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02408
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2409 
HR 7900 PCS
(2) any written response submitted under 
clause (iii) of section 5(g)(6)(A) of the Inspector 
General Act of 1978 (5 U.S.C. App.), as added by 
subsection (a), with respect to such an audit, evalua-
tion, inspection, or other non-investigative report 
shall attach to the original report in the manner de-
scribed in that clause. 
SEC. 5675. REVIEW RELATING TO VETTING, PROCESSING, 
AND RESETTLEMENT OF EVACUEES FROM 
AFGHANISTAN AND THE AFGHANISTAN SPE-
CIAL IMMIGRANT VISA PROGRAM. 
(a) IN GENERAL.—In accordance with the Inspector 
General Act of 1978 (5 U.S.C. App.), the Inspector Gen-
eral of the Department of Homeland Security, jointly with 
the Inspector General of the Department of State, and in 
coordination with the Inspector General of the Depart-
ment of Defense and any appropriate inspector general, 
shall conduct a thorough review of efforts to support and 
process evacuees from Afghanistan and the Afghanistan 
special immigrant visa program. 
(b) ELEMENTS.—The review required by subsection 
(a) shall include an assessment of the systems, staffing, 
policies, and programs used— 
(1) to the screen and vet such evacuees, includ-
ing— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02409
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2410 
HR 7900 PCS
(A) an assessment of whether personnel 
conducting such screening and vetting were ap-
propriately authorized and provided with train-
ing, including training in the detection of fraud-
ulent personal identification documents; 
(B) an analysis of the degree to which 
such screening and vetting deviated from 
United States law, regulations, policy, and best 
practices relating to the screening and vetting 
of refugees and applicants for United States 
visas that have been in use at any time since 
January 1, 2016; 
(C) an identification of any risk to the na-
tional security of the United States posed by 
any such deviations; 
(D) an analysis of the processes used for 
evacuees traveling without personal identifica-
tion records, including the creation or provision 
of any new identification records to such evac-
uees; and 
(E) an analysis of the degree to which 
such screening and vetting process was capable 
of detecting— 
(i) instances of human trafficking and 
domestic abuse; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02410
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2411 
HR 7900 PCS
(ii) evacuees who are unaccompanied 
minors; and 
(iii) evacuees with a spouse that is a 
minor; 
(2) to admit and process such evacuees at 
United States ports of entry; 
(3) to temporarily house such evacuees prior to 
resettlement; 
(4) to account for the total number of individ-
uals evacuated from Afghanistan in 2021 with sup-
port 
of 
the 
United 
States 
Government, 
disaggregated by— 
(A) country of origin; 
(B) citizenship, only if different from coun-
try of origin; 
(C) age; 
(D) gender; 
(E) eligibility for special immigrant visas 
under the Afghan Allies Protection Act of 2009 
(8 U.S.C. 1101 note; Public Law 111–8) or 
section 1059 of the National Defense Author-
ization Act for Fiscal Year 2006 (8 U.S.C. 
1101 note; Public Law 109–163) at the time of 
evacuation; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02411
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2412 
HR 7900 PCS
(F) eligibility for employment-based non-
immigrant visas at the time of evacuation; and 
(G) familial relationship to evacuees who 
are eligible for visas described in subparagraphs 
(E) and (F); and 
(5) to provide eligible individuals with special 
immigrant visas under the Afghan Allies Protection 
Act of 2009 (8 U.S.C. 1101 note; Public Law 111– 
8) and section 1059 of the National Defense Author-
ization Act for Fiscal Year 2006 (8 U.S.C. 1101 
note; Public Law 109–163) since the date of the en-
actment of the Afghan Allies Protection Act of 2009 
(8 U.S.C. 1101 note; Public Law 111–8), includ-
ing— 
(A) a detailed step-by-step description of 
the application process for such special immi-
grant visas, including the number of days allot-
ted by the United States Government for the 
completion of each step; 
(B) the number of such special immigrant 
visa applications received, approved, and denied, 
disaggregated by fiscal year; 
(C) the number of such special immigrant 
visas issued, as compared to the number avail-
able under law, disaggregated by fiscal year; 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02412
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2413 
HR 7900 PCS
(D) an assessment of the average length of 
time taken to process an application for such a 
special immigrant visa, beginning on the date of 
submission of the application and ending on the 
date of final disposition, disaggregated by fiscal 
year; 
(E) an accounting of the number of appli-
cations for such special immigrant visas that 
remained pending at the end of each fiscal year; 
(F) an accounting of the number of inter-
views of applicants for such special immigrant 
visas conducted during each fiscal year; 
(G) the number of noncitizens who were 
admitted to the United States pursuant to such 
a special immigrant visa during each fiscal 
year; 
(H) an assessment of the extent to which 
each participating department or agency of the 
United States Government, including the De-
partment of State and the Department of 
Homeland Security, adjusted processing prac-
tices and procedures for such special immigrant 
visas so as to vet applicants and expand proc-
essing capacity since the February 29, 2020, 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02413
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2414 
HR 7900 PCS
Doha Agreement between the United States 
and the Taliban; 
(I) a list of specific steps, if any, taken be-
tween February 29, 2020, and August 31, 
2021— 
(i) to streamline the processing of ap-
plications for such special immigrant visas; 
and 
(ii) to address longstanding bureau-
cratic hurdles while improving security 
protocols; 
(J) a description of the degree to which 
the Secretary of State implemented rec-
ommendations made by the Department of 
State Office of Inspector General in its June 
2020 reports on Review of the Afghan Special 
Immigrant Visa Program (AUD-MERO-20-35) 
and Management Assistance Report: Quarterly 
Reporting on Afghan Special Immigrant Visa 
Program Needs Improvement (AUD-MERO-20- 
34); 
(K) an assessment of the extent to which 
challenges in verifying applicants’ employment 
with the Department of Defense contributed to 
delays in the processing of such special immi-
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02414
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2415 
HR 7900 PCS
grant visas, and an accounting of the specific 
steps taken since February 29, 2020, to ad-
dress 
issues 
surrounding 
employment 
verification; and 
(L) recommendations to strengthen and 
streamline such special immigrant visa process 
going forward. 
(c) INTERIM REPORTING.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the In-
spector General of the Department of Homeland Se-
curity and the Inspector General of the Department 
of State shall submit to the appropriate congres-
sional committees not fewer than one interim report 
on the review conducted under this section. 
(2) DEFINITIONS.—In this subsection: 
(A) APPROPRIATE
CONGRESSIONAL
COM-
MITTEES.—The term ‘‘appropriate congres-
sional committees’’ has the meaning given the 
term in section 12 of the Inspector General Act 
of 1978 (5 U.S.C. App.), as amended by this 
subtitle. 
(B) SCREEN; 
SCREENING.—The terms 
‘‘screen’’ and ‘‘screening’’, with respect to an 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02415
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2416 
HR 7900 PCS
evacuee, mean the process by which a Federal 
official determines— 
(i) the identity of the evacuee; 
(ii) whether the evacuee has a valid 
identification documentation; and 
(iii) whether any database of the 
United States Government contains derog-
atory information about the evacuee. 
(C) VET; VETTING.—The term ‘‘vet’’ and 
‘‘vetting’’, with respect to an evacuee, means 
the process by which a Federal official inter-
views the evacuee to determine whether the 
evacuee is who they purport to be, including 
whether the evacuee poses a national security 
risk. 
(d) DISCHARGE OF RESPONSIBILITIES.—The Inspec-
tor General of the Department of Homeland Security and 
the Inspector General of the Department of State shall 
discharge the responsibilities under this section in a man-
ner consistent with the authorities and requirements of the 
Inspector General Act of 1978 (5 U.S.C. App.) and the 
authorities and requirements applicable to the Inspector 
General of the Department of Homeland Security and the 
Inspector General of the Department of State under that 
Act. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02416
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2417 
HR 7900 PCS
(e) COORDINATION.—Upon request of an Inspector 
General for information or assistance under subsection 
(a), the head of any Federal agency involved shall, insofar 
as is practicable and not in contravention of any existing 
statutory restriction or regulation of the Federal agency 
from which the information is requested, furnish to such 
Inspector General, or to an authorized designee, such in-
formation or assistance. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the ability of the Inspector 
General of the Department of Homeland Security or the 
Inspector General of the Department of State to enter into 
agreements to conduct joint audits, inspections, or inves-
tigations in the exercise of the oversight responsibilities 
of the Inspector General of the Department of Homeland 
Security and the Inspector General of the Department of 
State, in accordance with the Inspector General Act of 
1978 (5 U.S.C. App.), with respect to oversight of the 
evacuation from Afghanistan, the selection, vetting, and 
processing of applicants for special immigrant visas and 
asylum, and any resettlement in the United States of such 
evacuees. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02417
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2418 
HR 7900 PCS
SEC. 5676. INVESTIGATIONS OF DEPARTMENT OF JUSTICE 
PERSONNEL. 
Section 8E of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘and 
paragraph (3)’’; 
(B) by striking paragraph (3); 
(C) by redesignating paragraphs (4) and 
(5) as paragraphs (3) and (4), respectively; and 
(D) in paragraph (4), as redesignated, by 
striking ‘‘paragraph (4)’’ and inserting ‘‘para-
graph (3)’’; and 
(2) in subsection (d), by striking ‘‘, except with 
respect to allegations described in subsection 
(b)(3),’’. 
SEC. 5677. LAW ENFORCEMENT AUTHORITY OF THE IN-
SPECTOR GENERAL OF THE UNITED STATES 
INTERNATIONAL 
DEVELOPMENT 
FINANCE 
CORPORATION. 
Section 6(f)(3) of the Inspector General Act of 1978 
(5 U.S.C. App.) is amended by inserting ‘‘International 
Development Finance Corporation,’’ before ‘‘Environ-
mental’’. 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02418
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS
2420 
HR 7900 PCS
with section 3(a) of the Inspector General Act of 1978 
(5 U.S.C. App.). 
TITLE LVII—FEDERAL 
EMPLOYEE MATTERS 
SEC. 5701. APPEALS TO MERIT SYSTEMS PROTECTION 
BOARD RELATING TO FBI REPRISAL ALLEGA-
TIONS; SALARY OF SPECIAL COUNSEL. 
(a) APPEALS TO MSPB.—Section 2303 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(d)(1) An employee of the Federal Bureau of Inves-
tigation who makes an allegation of a reprisal under regu-
lations promulgated under this section may appeal a final 
determination or corrective action order by the Bureau 
under those regulations to the Merit Systems Protection 
Board pursuant to section 1221. 
‘‘(2) If no final determination or corrective action 
order has been made or issued for an allegation described 
in paragraph (1) before the expiration of the 180-day pe-
riod beginning on the date on which the allegation is re-
ceived by the Federal Bureau of Investigation, the em-
ployee described in that paragraph may seek corrective ac-
tion directly from the Merit Systems Protection Board 
pursuant to section 1221.’’. 
(b) SPECIAL COUNSEL SALARY.— 
VerDate Sep 11 2014 
03:10 Aug 04, 2022
Jkt 029200
PO 00000
Frm 02420
Fmt 6652
Sfmt 6201
E:\BILLS\H7900.PCS
H7900
kjohnson on DSK79L0C42PROD with BILLS