Consultation Process: Interim Policies for Specific Disasters
The Stafford Act requires: "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 Act, the President, to the maximum extent practicable, shall solicit the views and recommendations of the 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"
In addition, although not required by the Stafford Act, Federal Emergency Management Agency (FEMA) may opt to solicit views and recommendations on interim policies that are not expected to result in a significant reduction of assistance to applicants.
An appropriate timetable for the sequence of steps will be established by the Federal Coordinating Officer (FCO) of the disaster to facilitate an inclusive but expeditious process for circulating the draft and soliciting views and recommendations.
FEMA coordinates draft interim policy internally at regional and national levels.
FEMA national office approves the draft interim policy for distribution to the Grantee and potential subgrantees (tending to a more inclusive, than restricted, definition of potential subgrantees).
FEMA informally coordinates draft interim policy with the State Coordinating Officer (SCO) and works with the SCO to identify appropriate subgrantees from whom views and recommendations should be solicited.
FEMA advises national and local congressional offices (briefing as appropriate).
FEMA sets reasonable deadline for comments and provides the draft interim policy and instructions for commenting on it to the Grantee, keeping a record (name, organization, address, date) of to whom it was sent/given.
FEMA sets reasonable deadline for comments and provides the draft interim policy and instructions for commenting on it to the subgrantees, keeping a record (name, organization, address, date) of to whom it was sent/given.
Optional: FEMA will conduct briefings for affected subgrantees. If comments are accepted at the briefing, FEMA must record substance of comments and source (to the extent the provider is willing to be identified). Briefings may be conducted simultaneously in multiple locations.
FCO provides the FEMA Office of General Counsel (OGC) Docket Clerk and FEMA RR/IS a complete record of the interim policy including, at a minimum: draft interim policy, entities from whom views and recommendations were solicited, and comments received.
FEMA consolidates and considers views and recommendations received by the deadline. FCO, Regional Director and FEMA RR/IS coordinate final document.
Optional: FEMA conducts follow-up discussions as appropriate.
Executive Associate Director, RR, FEMA revises and signs interim policy for use during the declared disaster. FCO and Regional Director distribute the interim policy. FEMA RR/IS maintains file with signed final document.
Minor modifications to this process may be made for cause by the Director, Infrastructure Division, RR Directorate, FEMA.
/ signed /
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
This Appendix provides internal implementation detail for Paragraph 7.D.5) of RR Policy #9510.1, Coordination Requirements for Public Assistance and Fire Management Assistance Program Documentation, dated January 9, 2001