Public Law 119-73 (01/23/2026)

42 U.S.C. § 5165b

Management costs

(a)

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.

(b)

Establishment of management cost rates

(1)

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.

(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

section 5170c of this titleA grantee under 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 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.

(c)

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.

Pub. L. 93–288, title III, § 324Pub. L. 106–390, title II, § 202(a)114 Stat. 1560Pub. L. 115–254, div. D, § 1215132 Stat. 3449(, as added , , ; amended , , .)

Editorial Notes

References in Text

Pub. L. 93–28888 Stat. 143section 5121 of this titleThis chapter, referred to in subsec. (b)(1), was in the original “this Act”, meaning , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 115–254, § 1215(1)2018—Subsec. (a). , substituted “any direct administrative cost, and any other administrative expense associated with” for “any administrative expense, and any other expense not directly chargeable to”.

Pub. L. 115–254, § 1215(2)Subsec. (b). , 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

Pub. L. 115–254Pub. L. 115–254section 1202 of Pub. L. 115–254section 5121 of this titleAmendment by applicable to each major disaster and emergency declared by the President on or after , and authorities provided under div. D of applicable to each major disaster and emergency declared by the President on or after , except as otherwise provided, see , set out as a note under .

Effective Date

Pub. L. 106–390, title II, § 202(b)114 Stat. 1560

“(1)

In general .—

42 U.S.C. 5165b(a)42 U.S.C. 5121Subject to paragraph (2), subsections (a) and (b) of section 324 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [, (b)] (as added by subsection (a)) shall apply to major disasters declared under that Act [ et seq.] on or after the date of the enactment of this Act [].
“(2)

Interim authority .—

42 U.S.C. 5172(f)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 () (as in effect on the day before the date of the enactment of this Act) shall be used to establish management cost rates.”
, , , provided that: