---
kind: "section"
citation: "42 U.S.C. § 5165c"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5165c"
heading: "Public notice, comment, and consultation requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5165c"
units:
  - "Chapter 68 — Disaster Relief"
  - "Subchapter III — Major Disaster and Emergency Assistance Administration"
---

# §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](/usc/42/5122.md?p=1) Management [Agency](/usc/42/8262.md?p=1) under this chapter; and
    - (B) could result in a significant reduction of assistance under the program.
  - (2) **Application—** Any policy adopted under [paragraph (1)](#a-1) shall apply only to a [major disaster](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1) 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1); 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](/usc/42/5122.md?p=2) or [emergency](/usc/42/5122.md?p=1).
  - (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.

## Source credit

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

## Notes

### 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 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.