42 U.S.C. 5189d

§ 5189b

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 decision 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
in order to facilitate an efficient recovery from major
disasters, the Administrator shall establish procedures under which an applicant may request the use
of alternative dispute resolution, including arbitration by an independent review panel, to resolve disputes 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 annuitant who was an employee of the Federal Government) selected by the Administrator; and
‘‘(ii) responsible for identifying and maintaining 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 accordance with all applicable laws, regulations,
and Agency interpretations of those laws through
its published policies and guidance;
‘‘(ii) consider only evidence contained in the administrative 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 discretion, or otherwise not in accordance with law;
and
‘‘(iv) in the case of a finding of material fact adverse 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 expeditiously issue a written decision for any alternative 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 resolution is frivolous, the independent review panel
shall direct the party to pay the reasonable costs to
the Federal Emergency Management Agency relating to the review by the independent review panel.
Any funds received by the Federal Emergency Management Agency under the authority of this section
shall be deposited to the credit of the appropriation
or appropriations available for the eligible assistance 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 before date of disaster
Eligibility for Federal assistance under this
subchapter shall begin on the date of the occur-

Page 5850

rence of the event which results in a declaration
by the President that a major disaster exists;
except that reasonable expenses which are incurred in anticipation of and immediately preceding such event may be eligible for Federal assistance 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.)
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 assistance 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 locations for short or long-term accommodation or
to return an individual or household to their
predisaster primary residence or alternative location, as determined necessary by the President.
(Pub. L. 93–288, title IV, § 425, as added Pub. L.
109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1452.)
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
The President may provide case management
services, including financial assistance, to State
or local government agencies or qualified private organizations to provide such services, to
victims of major disasters to identify and address unmet needs.
(Pub. L. 93–288, title IV, § 426, as added Pub. L.
109–295, title VI, § 689f, Oct. 4, 2006, 120 Stat. 1453.)
§ 5189e. Essential service providers
(a) Definition
In this section, the term ‘‘essential service
provider’’ means an entity that—
(1)(A) provides
(i) wireline or mobile telephone service,
Internet access service, radio or television
broadcasting, cable service, or direct broadcast satellite service;
(ii) electrical power;
(iii) natural gas;
(iv) water and sewer services; or
(v) any other essential service, as determined by the President; or
(B) is a tower owner or operator;