42 U.S.C. § 5165c: Public notice, comment, and…

Summary

The President must give public notice and let people comment before putting in place any new or changed rule that controls how FEMA’s public assistance program works and that could greatly cut the help people get. Any such rule will only apply to a major disaster or emergency declared on or after the date the rule is adopted. Before adopting a temporary rule for a specific declared disaster or emergency, the President must, as much as possible, ask grant recipients and the groups they fund for their views if the temporary rule is likely to cut aid a lot or change the terms of a written agreement involving the federal government. Asking for views does not give anyone the right to sue. The President must also work to make these program rules available to the public.

Title 42, §5165c

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1)(A) and (b)(1), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 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.

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For

Transfer of Functions

, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and section 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

§5165c Public Notice, Comment, and Consultation Requirements

Summary

Title 42, §5165c

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata