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

An applicant may appeal a decision about eligibility for assistance under this subchapter, the source of the assistance, or its amount. The appeal generally must be filed within 60 days after the applicant is told that assistance was awarded or denied. Certain disputes over $500,000 may instead be arbitrated by the Civilian Board of Contract Appeals, subject to the rules in subsection (d).

(a) Right of appeal. An applicant may appeal any decision about eligibility for, from, or the amount of assistance under this subchapter within 60 days after being notified of the award or denial.

(b) Period for decision. The Federal official designated to administer appeals must issue a decision within 90 days after receiving notice of the appeal.

(c) Rules. The President must issue rules for fair and impartial consideration of appeals under this section.

(d) Right of arbitration.

(1) In general. Despite this section, an applicant for assistance under this subchapter may request arbitration of a dispute about eligibility for assistance or repayment of assistance when the dispute is for more than $500,000 and concerns a disaster occurring after January 1, 2016. The Civilian Board of Contract Appeals must conduct the arbitration, and its decision is binding.

(2) Review. During the arbitration, the Board must consider all original and additional documents, testimony, and other evidence the applicant provides to support the applicant’s position, whenever the applicant provides it.

(3) Rural areas. For an applicant for assistance in a rural area, the amount eligible for arbitration under this subsection is $100,000.

(4) Rural area defined. For this subsection, “rural area” means an area with a population below 200,000 that is outside an urbanized area. This section does not define “urbanized area.”

(5) Eligibility. To take part in arbitration—

(A) the applicant must submit the dispute to the arbitration process established under the authority in section 601 of Public Law 111–5; and

(B) the applicant may request arbitration after completing the first appeal under subsection (a), at any time before the FEMA Administrator^* issues a final agency determination. If the Administrator has not made a final appeal decision, the applicant may request arbitration before 180 days have passed after the Administrator received the appeal. The request must include documents from the first appeal’s administrative record and may include additional documents supporting the applicant’s position.

This section does not define “assistance,” “subchapter,” “final agency determination,” or “administrative record.”