42 USC 5165c - Public notice, comment, and consultation requirements

U.S Code last checked for updates: Apr 19, 2024

§ 5165c.

Public notice, comment, and consultation requirements

(a)

Public notice and comment concerning new or modified policies

(1)

In general

The President shall provide for public notice and opportunity for comment before adopting any new or modified policy that—

(A)

governs implementation of the public assistance program administered by the Federal Emergency Management Agency under this chapter; and

(B)

could result in a significant reduction of assistance under the program.

(2)

Application

Any policy adopted under paragraph (1) shall apply only to a major disaster or emergency declared on or after the date on which the policy is adopted.

(b)

Consultation concerning interim policies

(1)

In general

Before adopting any interim policy under the public assistance program to address specific conditions that relate to a major disaster or emergency that has been declared under this chapter, the President, to the maximum extent practicable, shall solicit the views and recommendations of grantees and subgrantees with respect to the major disaster or emergency concerning the potential interim policy, if the interim policy is likely—

(A)

to result in a significant reduction of assistance to applicants for the assistance with respect to the major disaster or emergency; or

(B)

to change the terms of a written agreement to which the Federal Government is a party concerning the declaration of the major disaster or emergency.

(2)

No legal right of action

Nothing in this subsection confers a legal right of action on any party.

(c)

Public access

The President shall promote public access to policies governing the implementation of the public assistance program.

(Pub. L. 93–288, title III, § 325, as added Pub. L. 106–390, title II, § 203, Oct. 30, 2000, 114 Stat. 1560.)

cite as: 42 USC 5165c