Sec. 1219. Right of arbitration
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Section 423 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5189a ) is amended by adding at the end the following: Notwithstanding this section, an applicant for assistance under this title 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.
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. For an applicant for assistance in a rural area under this title, the assistance amount eligible for arbitration pursuant to this subsection shall be $100,000. 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.
To participate in arbitration under this subsection, an applicant— shall submit the dispute to the arbitration process established under the authority granted under section 601 of Public Law 111–5 ; and 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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- Pub. L. 111-5
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