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S. 4654 — Reported in Senate

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II Calendar No. 649 117th CONGRESS 2d Session S. 4654 [Report No. 117–258] IN THE SENATE OF THE UNITED STATES July 28, 2022Ms. Hassan (for herself and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs December 14, 2022Reported by Mr. Peters, with an amendmentStrike out all after the enacting clause and insert the part printed in italic A BILL To amend section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act to incentivize States, Indian Tribes, and Territories to close disaster recovery projects by authorizing the use of excess funds for management costs for other disaster recovery projects. 1. Short title This Act may be cited as the Disaster Management Costs Modernization Act. 2. Use of excess funds for management costs (a) In general Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Use of excess funds for management costs (1) Definition In this subsection, the term excess funds for management costs means the difference between— (A) the amount of the applicable specific management costs authorized under subsection (b); and (B) as of the date on which the incident is closed, the amount of funding for management costs activities expended by the grantee or subgrantee receiving the financial assistance for costs described in subparagraph (A). (2) Availability of excess funds for management costs The President may make available to a grantee or subgrantee receiving financial assistance under section 403, 404, 406, 407, or 502 any excess funds for management costs. (3) Use of funds Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) may be used for activities associated with building capacity to respond to or recover from the types of incidents for which assistance may be made available under section 403, 404, 406, 407, or 502 and to provide such assistance, including for providing training and other activities associated with any major disaster or emergency declaration, or to otherwise prepare for such an incident. (4) Availability Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) shall remain available to the grantee or subgrantee until the date that is 5 years after the date on which the excess funds for management costs are made available under paragraph (2). . (b) Applicability The amendments made by subsection (a) shall apply with respect to any incident for which a major disaster or emergency is declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) that is open on, or occurs on or after, the date of enactment of this Act. 1. Short title This Act may be cited as the Disaster Management Costs Modernization Act. 2. Use of excess funds for management costs (a) In general Section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165b) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Use of excess funds for management costs (1) Definition In this subsection, the term excess funds for management costs means the difference between— (A) the amount of the applicable specific management costs authorized under subsection (b); and (B) as of the date on which the grant award is closed, the amount of funding for management costs activities expended by the grantee or subgrantee receiving the financial assistance for costs described in subparagraph (A). (2) Availability of excess funds for management costs The President may make available to a grantee or subgrantee receiving financial assistance under section 403, 404, 406, 407, or 502 any excess funds for management costs. (3) Use of funds Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) may be used for activities associated with building capacity to respond to or recover from the types of incidents for which assistance may be made available under section 403, 404, 406, 407, or 502 and to provide such assistance, including for providing training and other activities associated with any major disaster or emergency declaration, or to otherwise prepare for such an incident. (4) Availability Excess funds for management costs made available to a grantee or subgrantee under paragraph (2) shall remain available to the grantee or subgrantee until the date that is 5 years after the date on which the excess funds for management costs are made available under paragraph (2). . (b) Applicability The amendments made by subsection (a) shall apply with respect to any grant award in relation to a major disaster or emergency declared under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191) that is open on, or made on or after, the date of enactment of this Act. December 14, 2022Reported with an amendment