42 U.S.C. § 5189a — Appeals of assistance decisions

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) In general Notwithstanding this section, an applicant for assistance under this subchapter may re- quest arbitration to dispute the eligibility for assistance or repayment of assistance provided for a dispute of more than $500,000 for any dis- aster 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 posi- tion 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 sub- section, an applicant— (A) shall submit the dispute to the arbitra- tion 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 agen- cy determination or 180 days after the Ad- ministrator’s receipt of the appeal if the Ad- ministrator has not provided the applicant with a final determination on the appeal. The applicant’s request shall contain docu- mentation from the administrative record for the first appeal and may contain addi- tional documentation supporting the appli- cant’s position. (Pub. L. 93–288, title IV, § 423, as added Pub. L. 100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat. 4705; amended Pub. L. 115–254, div. D, § 1219, Oct. 5, 2018, 132 Stat. 3452.) Editorial Notes REFERENCES IN TEXT Section 601 of Public Law 111–5, referred to in subsec. (d)(5)(A), is Pub. L. 111–5, div. A, title VI, § 601, Feb. 17, 2009, 123 Stat. 164, which is not classified to the Code. AMENDMENTS 2018—Subsec. (d). Pub. L. 115–254 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–254 applicable to each major disaster and emergency declared by the Presi- dent on or after Aug. 1, 2017, and authorities provided under div. D of Pub. L. 115–254 applicable to each major disaster and emergency declared by the President on or after Jan. 1, 2016, except as otherwise provided, see sec- tion 1202 of Pub. L. 115–254, set out as a note under sec- tion 5121 of this title. DISPUTE RESOLUTION PILOT PROGRAM Pub. L. 113–2, div. B, § 1105, Jan. 29, 2013, 127 Stat. 43, as amended by Pub. L. 114–301, § 2(c), Dec. 16, 2016, 130 Stat. 1514, provided that: ‘‘(a) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Emergency Management Agency. ‘‘(2) ELIGIBLE ASSISTANCE.—The term ‘eligible as- sistance’ means assistance— ‘‘(A) under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173); ‘‘(B) for which the legitimate amount in dispute is not less than $1,000,000, which sum the Adminis- trator shall adjust annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor; ‘‘(C) for which the applicant has a non-Federal share; and ‘‘(D) for which the applicant has received a deci- sion on a first appeal. ‘‘(b) PROCEDURES.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section [Jan. 29, 2013], and Page 6421 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5189d in order to facilitate an efficient recovery from major disasters, the Administrator shall establish proce- dures under which an applicant may request the use of alternative dispute resolution, including arbitra- tion by an independent review panel, to resolve dis- putes relating to eligible assistance. ‘‘(2) BINDING EFFECT.—A decision by an independent review panel under this section shall be binding upon the parties to the dispute. ‘‘(3) CONSIDERATIONS.—The procedures established under this section shall— ‘‘(A) allow a party of a dispute relating to eligible assistance to request an independent review panel for the review; ‘‘(B) require a party requesting an independent review panel as described in subparagraph (A) to agree to forgo rights to any further appeal of the dispute relating to any eligible assistance; ‘‘(C) require that the sponsor of an independent review panel for any alternative dispute resolution under this section be— ‘‘(i) an individual or entity unaffiliated with the dispute (which may include a Federal agency, an administrative law judge, or a reemployed annu- itant who was an employee of the Federal Gov- ernment) selected by the Administrator; and ‘‘(ii) responsible for identifying and maintain- ing an adequate number of independent experts qualified to review and resolve disputes under this section; ‘‘(D) require an independent review panel to— ‘‘(i) resolve any remaining disputed issue in ac- cordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance; ‘‘(ii) consider only evidence contained in the ad- ministrative record, as it existed at the time at which the Agency made its initial decision; ‘‘(iii) only set aside a decision of the Agency found to be arbitrary, capricious, an abuse of dis- cretion, or otherwise not in accordance with law; and ‘‘(iv) in the case of a finding of material fact ad- verse to the claimant made on first appeal, only set aside or reverse such finding if the finding is clearly erroneous; ‘‘(E) require an independent review panel to expe- ditiously issue a written decision for any alter- native dispute resolution under this section; and ‘‘(F) direct that if an independent review panel for any alternative dispute resolution under this section determines that the basis upon which a party submits a request for alternative dispute res- olution is frivolous, the independent review panel shall direct the party to pay the reasonable costs to the Federal Emergency Management Agency relat- ing to the review by the independent review panel. Any funds received by the Federal Emergency Man- agement Agency under the authority of this section shall be deposited to the credit of the appropriation or appropriations available for the eligible assist- ance in dispute on the date on which the funds are received. ‘‘(c) SUNSET.—A request for review by an independent review panel under this section may not be made after December 31, 2015.’’ § 5189b. Date of eligibility; expenses incurred be- fore date of disaster Eligibility for Federal assistance under this subchapter shall begin on the date of the occur- rence of the event which results in a declaration by the President that a major disaster exists; except that reasonable expenses which are in- curred in anticipation of and immediately pre- ceding such event may be eligible for Federal as- sistance under this chapter. (Pub. L. 93–288, title IV, § 424, as added Pub. L. 100–707, title I, § 106(l), Nov. 23, 1988, 102 Stat. 4706.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. § 5189c. Transportation assistance to individuals and households The President may provide transportation as- sistance to relocate individuals displaced from their predisaster primary residences as a result of an incident declared under this chapter or otherwise transported from their predisaster primary residences under section 5170b(a)(3) or 5192 of this title, to and from alternative loca- tions for short or long-term accommodation or to return an individual or household to their predisaster primary residence or alternative lo- cation, as determined necessary by the Presi- dent. (Pub. L. 93–288, title IV, § 425, as added Pub. L. 109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1452.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. CODIFICATION Another section 425 of Pub. L. 93–288 was renumbered section 427 and is classified to section 5189e of this title. § 5189d. Case management services (a) In general The President may provide case management services, including financial assistance, to State or local government agencies or qualified pri- vate organizations to provide such services, to victims of major disasters to identify and ad- dress unmet needs. (b) Training Each State, local government agency, or qualified private organization providing profes- sional counseling services described in sub- section (a) shall ensure that any individual pro- viding case management services to victims of a major disaster as authorized under subsection (a), including individuals working for nonprofit partners and recovery organizations, is appro- priately trained to address impacts from major disasters in communities, and to individuals, with socio-economically disadvantaged back- grounds. (Pub. L. 93–288, title IV, § 426, as added Pub. L. 109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1453; amended Pub. L. 117–251, § 8(a), Dec. 20, 2022, 136 Stat. 2357.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–251 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).