42 U.S.C. § 5165c

Public notice, comment, and consultation requirements

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(a) Public notice and comment concerning new or modified policies(1) In generalThe 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 generalBefore 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.

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.)Editorial NotesReferences 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 SubsidiariesTransfer 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 sections 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.

Notes of Decisions

Cited in 4 cases, 2006–2009 · leading case: St. Tammany Par. Ex Rel. Davis v. Fed. Emergency Mgmt. Agency, 556 F.3d 307 (5th Cir. 2009).

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St. Tammany Par. Ex Rel. Davis v. Fed. Emergency Mgmt. Agency, 556 F.3d 307 (5th Cir. 2009). · cites it 2× “§ 553 , and the Stafford Act, 42 U.S.C. § 5165c, because FEMA’s refusal to approve funding constituted a substantive rule change about which FEMA never provided the public with notice and an opportunity to comment.”

McWaters v. Fed. Emergency Mgmt. Agency, 436 F. Supp. 2d 802 (E.D. La. 2006). · cites it 3× “§ 553 and 42 U.S.C. § 5165c. See Rec. Doc. No. 105, ¶ 279.”

McWaters v. Fed. Emergency Mgmt. Agency, 408 F. Supp. 2d 221 (E.D. La. 2006). “…and unreasonable delay of Housing Assistance is unlawful. See 5 U.S.C. § 553 , § 706(1), § 706(2)(A), § 706(2)(C); 42 U.S.C. § 5165c. Plaintiffs aver that they are eligible for Assistance under the Stafford Act because they are persons who are “displaced from their…”

St Tammany Par. v. Fed Emer Mgmt Agency (5th Cir. 2009). · cites it 2× “§ 553 , and the Stafford Act, 42 U.S.C. § 5165c, because FEMA’s refusal to approve funding constituted a substantive rule change about which FEMA never provided the public with notice and an opportunity to comment.”

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