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42 U.S.C. § 5189a — Appeals of assistance decisions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Right of appeal** Any decision regarding eligibility for, from, or amount of assistance under this subchapter may be appealed within 60 days after the date on which the applicant for such assistance is notified of the award or denial of award of such assistance.
**(b) Period for decision** A decision regarding an appeal under subsection (a) shall be rendered within 90 days after the date on which the Federal official designated to administer such appeals receives notice of such appeal.
**(c) Rules** The President shall issue rules which provide for the fair and impartial consideration of appeals under this section.
**(d) Right of arbitration**
(1) **In general** — Notwithstanding this section, an applicant for assistance under this subchapter may request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000 for any disaster that occurred after January 1, 2016. Such arbitration shall be conducted by the Civilian Board of Contract Appeals and the decision of such Board shall be binding.
(2) **Review** — The Civilian Board of Contract Appeals shall consider from the applicant all original and additional documentation, testimony, or other such evidence supporting the applicant’s position at any time during arbitration.
(3) **Rural areas** — For an applicant for assistance in a rural area under this subchapter, the assistance amount eligible for arbitration pursuant to this subsection shall be $100,000.
(4) **Rural area defined** — For the purposes of this subsection, the term “rural area” means an area with a population of less than 200,000 outside an urbanized area.
(5) **Eligibility** — To participate in arbitration under this subsection, an applicant—
(A) shall submit the dispute to
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Source location: Title 42, Chapter 68, § 5189a; chapter-068-disaster-relief.md
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**(a) Right of appeal** Any decision regarding eligibility for, from, or amount of assistance under this subchapter may be appealed within 60 days after the date on which the applicant for such assistance is notified of the award or denial of award of such assistance.
**(b) Period for decision** A decision regarding an appeal under subsection (a) shall be rendered within 90 days after the date on which the Federal official designated to administer such appeals receives notice of such appeal.
**(c) Rules** The President shall issue rules which provide for the fair and impartial consideration of appeals under this section.
**(d) Right of arbitration**
(1) **In general** — Notwithstanding this section, an applicant for assistance under this subchapter may request arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000 for any disaster that occurred after January 1, 2016. Such arbitration shall be conducted by the Civilian Board of Contract Appeals and the decision of such Board shall be binding.
(2) **Review** — The Civilian Board of Contract Appeals shall consider from the applicant all original and additional documentation, testimony, or other such evidence supporting the applicant’s position at any time during arbitration.
(3) **Rural areas** — For an applicant for assistance in a rural area under this subchapter, the assistance amount eligible for arbitration pursuant to this subsection shall be $100,000.
(4) **Rural area defined** — For the purposes of this subsection, the term “rural area” means an area with a population of less than 200,000 outside an urbanized area.
(5) **Eligibility** — To participate in arbitration under this subsection, an applicant—
(A) shall submit the dispute to the arbitration process established under the authority granted under section 601 of Public Law 111–5; and
(B) may submit a request for arbitration after the completion of the first appeal under subsection (a) at any time before the Administrator of the Federal Emergency Management Agency has issued a final agency determination or 180 days after the Administrator’s receipt of the appeal if the Administrator has not provided the applicant with a final determination on the appeal. The applicant’s request shall contain documentation from the administrative record for the first appeal and may contain additional documentation supporting the applicant’s position.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress hereby finds and declares that—
(1) because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and
(2) because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;
special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.
**(b)** It is the intent of the Congress, by this chapter, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—
(1) revising and broadening the scope of existing disaster relief programs;
(2) encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;
(3) achieving greater coordination and responsiveness of disaster preparedness and relief programs;
(4) encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;
(5) encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;
(6) providing Federal assistance programs for both public and private losses sustained in disasters; and
(7) identifying and improving the climate and natural hazard resilience of vulnerable communities.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5121
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Federal agencies may on the direction of the President, provide assistance essential to meeting immediate threats to life and property resulting from a major disaster, as follows:
(1) **Federal resources, generally** — Utilizing, lending, or donating to State and local governments Federal equipment, supplies, facilities, personnel, and other resources, other than the extension of credit, for use or distribution by such governments in accordance with the purposes of this chapter.
(2) **Medicine, food, and other consumables** — Distributing or rendering through State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations medicine durable medical equipment,,11 So in original. The extra comma probably should follow “medicine”. food, and other consumable supplies, and other services and assistance to disaster victims.
(3) **Work and services to save lives and protect property** — Performing on public or private lands or waters any work or services essential to saving lives and protecting and preserving property or public health and safety, including—
(A) debris removal;
(B) search and rescue, emergency medical care, emergency mass care, emergency shelter, and provision of food, water, medicine durable medical equipment,,1 and other essential needs, including movement of supplies or persons;
(C) clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services;
(D) provision of temporary facilities for schools and other essential community services;
(E) demolition of unsafe structures which endanger the public;
(F) warning of further risks and hazards;
(G)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170b
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter, the term—
(1) “Comptroller General” means the Comptroller General of the United States;
(2) “Director” means the Director of the Office of Management and Budget;
(3) “Federal agency” has the same meaning as the term “agency” in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim);
(4) “Federal awards” means Federal financial assistance and Federal cost-reimbursement contracts that non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-through entities;
(5) “Federal financial assistance” means assistance that non-Federal entities receive or administer in the form of grants, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, or other assistance, but does not include amounts received as reimbursement for services rendered to individuals in accordance with guidance issued by the Director;
(6) “Federal program” means all Federal awards to a non-Federal entity assigned a single number in the Catalog of Federal Domestic Assistance or encompassed in a group of numbers or other category as defined by the Director;
(7) “generally accepted government auditing standards” means the government auditing standards issued by the Comptroller General;
(8) “independent auditor” means—
(A) an external State or local government auditor who meets the independence standards included in generally accepted government auditing standards; or
(B) a public accountant who meets such independence standards;
(9) “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaskan Native village or regional or village co
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 7501
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contributions**
(1) **In general** — The President may make contributions—
(A) to a State or local government for the repair, restoration, reconstruction, or replacement of a public facility damaged or destroyed by a major disaster and for associated expenses incurred by the government; and
(B) subject to paragraph (3), to a person that owns or operates a private nonprofit facility damaged or destroyed by a major disaster for the repair, restoration, reconstruction, or replacement of the facility and for associated expenses incurred by the person.
(2) **Associated expenses** — For the purposes of this section, associated expenses shall include—
(A) the costs of mobilizing and employing the National Guard for performance of eligible work;
(B) the costs of using prison labor to perform eligible work, including wages actually paid, transportation to a worksite, and extraordinary costs of guards, food, and lodging;
(C) base and overtime wages for the employees and extra hires of a State, local government, or person described in paragraph (1) that perform eligible work, plus fringe benefits on such wages to the extent that such benefits were being paid before the major disaster; and
(D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared.
(3) **Conditions for assistance to private nonprofit facilities**
(A) *In general* — The President may make contributions to a private nonprofit facility under paragraph (1)(B) only if—
(i) the facility provides critical services (as defined by the President) in the event of a major disaster; or
(ii) the owner or operator of the facility—
(I) has applied for
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5172
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Federal law — U.S. Code and appendices · legal_authorities
Page 6420
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5189a
2013—Subsec. (a). Pub. L. 113–2, § 1107(3), which di-
rected insertion of ‘‘or, if applicable, the amount estab-
lished under subsection (b),’’ after ‘‘$35,000 amount’’ the
second place appearing, was executed by making the in-
sertion after ‘‘$35,000 amount’’ the only place that
phrase appeared, to reflect the probable intent of Con-
gress.
Pub. L. 113–2, § 1107(1), (2), designated existing provi-
sions as subsec. (a), inserted heading, and inserted ‘‘(or,
if the Administrator has established a threshold under
subsection (b), the amount established under sub-
section (b))’’ after ‘‘less than $35,000’’ in concluding pro-
visions.
Subsec. (b). Pub. L. 113–2, § 1107(4), added subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Pub. L. 117–189, § 2(b), Oct. 10, 2022, 136 Stat. 2204, pro-
vided that: ‘‘The amendments made by subsection (a)
[amending this section] shall apply with respect to any
amounts appropriated after the date of enactment of
this Act [Oct. 10, 2022].’’
§ 5189a. Appeals of assistance decisions
(a) Right of appeal
Any decision regarding eligibility for, from, or
amount of assistance under this subchapter may
be appealed within 60 days after the date on
which the applicant for such assistance is noti-
fied of the award or denial of award of such as-
sistance.
(b) Period for decision
A decision regarding an appeal under sub-
section (a) shall be rendered within 90 days after
the date on which the Federal official des-
ignated to administer such appeals receives no-
tice of such appeal.
(c) Rules
The President shall issue rules which provide
for the fair and impartial consideration of ap-
peals under this section.
(d) Right of arbitration
(1)
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5189a
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.