; (2) the rate of the State advance contract, if any; or (3) the rate of the unit of local government advance contract. (d) Penalties for contractors (1) In general Except as provided in paragraph (3), any contractor who breaches or otherwise fails to honor an advance contract for debris removal service entered into with a State or unit of local government shall not be eligible for any Federal reimbursement funds for debris removal services for not less than 10 years after the date on which the advance contract is breached. (2) Determination of breach A determination of whether an advance contract for debris removal service is breached or otherwise not honored under paragraph (1) shall be made by a court of competent jurisdiction. (3) Waiver of penalty The Administrator may waive paragraph (1) if the Administrator determines such waiver is necessary due to— (A) a labor or supply shortage; or (B) no alternative contractors being available to perform the necessary services. (e) Oversight (1) In general Not later than 180 days after the date of enactment of this section, the Administrator shall develop and implement guidance and procedures, including clear and unambiguous rules, with respect to the oversight of debris removal contracts entered into under the public assistance grant program, including, at a minimum— (A) a requirement that— (i) all States and units of local government receiving debris removal assistance under the public assistance grant program take the primary role in the oversight function of debris removal; and (ii) the Agency shall verify compliance with the requirements of this section and any regulations promulgated under this section; (B) guidance for State and local debris monitors regarding debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring