Title 42 — The Public Health and Welfare
Chapter 68 — Disaster Relief
§ 5165b. Management costs
Statutory text
Definition of management cost
In this section, the term “management cost” includes any indirect cost, any direct administrative cost, and any other administrative expense associated with a specific project under a major disaster, emergency, or disaster preparedness or mitigation activity or measure.
Establishment of management cost rates
In general
Notwithstanding any other provision of law (including any administrative rule or guidance), the President shall by regulation implement management cost rates, for grantees and subgrantees, that shall be used to determine contributions under this chapter for management costs.
Specific management costs
The Administrator of the Federal Emergency Management Agency shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs:
Hazard mitigation
A grantee under section 5170c of this title may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs.
Public assistance
A grantee under sections 5170b, 5172, 5173, and 5192 of this title may be reimbursed not more than 12 percent of the total award amount under such sections, of which not more than 7 percent may be used by the grantee and 5 percent by the subgrantee for such costs.
Review
The President shall review the management cost rates established under subsection (b) not later than 3 years after the date of establishment of the rates and periodically thereafter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 93–288 title III § 324 · 88 Stat. 143
Enacted · 42 U.S.C. § 5165b
Pub. L. 93–288, title III, § 324, as added Pub. L. 106–390, title II, § 202(a), Oct. 30, 2000, 114 Stat. 1560
Source evidence
Code source credit
Pub. L. 93–288, title III, § 324, as added Pub. L. 106–390, title II, § 202(a), Oct. 30, 2000, 114 Stat. 1560Disaster Recovery Reform Act of 2018
Pub. L. 115–254 § 1215(1) · 132 Stat. 3187
Substituted · 42 U.S.C. § 5165b(a)
Pub. L. 115–254, § 1215(1), substituted “any direct administrative cost, and any other administrative expense associated with” for “any administrative expense, and any other expense not directly chargeable to”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–254, § 1215(1), substituted “any direct administrative cost, and any other administrative expense associated with” for “any administrative expense, and any other expense not directly chargeable to”.Enacted provision · exact public law section
(1) in subsection (a) by striking “any administrative expense, and any other expense not directly chargeable to” and inserting “any direct administrative cost, and any other administrative expense associated with”; andEffective date note
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.Disaster Recovery Reform Act of 2018
Pub. L. 115–254 § 1215(2) · 132 Stat. 3187
Amended · 42 U.S.C. § 5165b(b)
Pub. L. 115–254, § 1215(2), designated existing provisions as par. (1)
Inserted · 42 U.S.C. § 5165b(b)
Pub. L. 115–254, § 1215(2), inserted heading
Substituted · 42 U.S.C. § 5165b(b)
Pub. L. 115–254, § 1215(2), substituted “implement” for “establish”
Added · 42 U.S.C. § 5165b(b)
Pub. L. 115–254, § 1215(2), added par. (2)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 115–254, § 1215(2), designated existing provisions as par. (1), inserted heading, substituted “implement” for “establish”, and added par. (2).Enacted provision · exact public law section
(2) in subsection (b)— (A) by striking “Notwithstanding” and inserting the following: “(1) In general.— Notwithstanding” ; (B) in paragraph (1), as added by subparagraph (A), by striking “establish” and inserting “implement”; and (C) by adding at the end the following: “(2) Specific management costs.— The Administrator of the Federal Emergency Management Agency shall provide the following percentage rates, in addition to the eligible project costs, to cover direct and indirect costs of administering the following programs: “(A) Hazard mitigation.— A grantee under section 404 may be reimbursed not more than 15 percent of the total amount of the grant award under such section of which not more than 10 percent may be used by the grantee and 5 percent by the subgrantee for such costs. “(B) Public assistance.— A grantee under sections 403, 406, 407, and 502 may be reimbursed not more than 12 percent of the total award amount under such sections, of which not more than 7 percent may be used by the grantee and 5 percent by the subgrantee for such costs.” .Effective date note
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning Pub. L. 93–288, , 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Amendments
2018—Subsec. (a). Pub. L. 115–254, § 1215(1), substituted “any direct administrative cost, and any other administrative expense associated with” for “any administrative expense, and any other expense not directly chargeable to”.
Subsec. (b). Pub. L. 115–254, § 1215(2), designated existing provisions as par. (1), inserted heading, substituted “implement” for “establish”, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after , and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after , except as otherwise provided, see section 1202 of Pub. L. 115–254, set out as a note under section 5121 of this title.
Effective Date
Pub. L. 106–390, title II, § 202(b), , 114 Stat. 1560, provided that:
“(1) In general.—
Subject to paragraph (2), subsections (a) and (b) of section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [42 U.S.C. 5165b(a), (b)] (as added by subsection (a)) shall apply to major disasters declared under that Act [42 U.S.C. 5121 et seq.] on or after the date of the enactment of this Act [].
“(2) Interim authority.—
Until the date on which the President establishes the management cost rates under section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as added by subsection (a)), section 406(f) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(f)) (as in effect on the day before the date of the enactment of this Act) shall be used to establish management cost rates.”
Credits
2000–2018 · 2 acts
- 2000Pub. L. 93–288, title III, § 324, as added Pub. L. 106–390, title II, § 202(a), , 114 Stat. 1560
- 2018amended Pub. L. 115–254, div. D, § 1215, , 132 Stat. 3449.
Show as published
(Pub. L. 93–288, title III, § 324, as added Pub. L. 106–390, title II, § 202(a), , 114 Stat. 1560; amended Pub. L. 115–254, div. D, § 1215, , 132 Stat. 3449.)