42 U.S.C. § 2991d–1 — Panel review of applications for assistance
submitted 39 years ago by Pub. L. 88-452 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 395 words · no verdicts yet
The Commissioner must use formal panels to evaluate and rank applications under sections 2991b and 2991d. On request, the Commissioner must give certain congressional committee chairmen the application’s ranking and reasons for approving it instead of higher-ranked pending applications.
(a) Establishment of formal panel; members
(1) The Commissioner must establish formal panel review to evaluate applications for assistance under sections 2991b and 2991d and determine the relative merits of the proposed projects.
(2) The Commissioner must appoint panel members who are not Administration for Native Americans officers or employees. Preference must go to American Indians, Native Hawaiians, other Native American Pacific Islanders (including American Samoan Natives), and Alaska Natives.
(b) Duties of panel
Each panel reviewing an application must (1) determine each project’s merit; (2) rank the application against all other applications it reviews for that fiscal year, according to the relative merit of all proposed projects for which assistance is sought; and (3) submit a list identifying and ranking all reviewed applications.
(c) Notice to Congressional committee chairman; information required
At the request of the Senate Indian Affairs Committee chairman or House Education and Labor Committee chairman concerning an application under section 2991b or 2991d, the Commissioner must send written notice (1) identifying it; (2) including the ranking list; (3) identifying other listed applications approved under those sections; and (4) if a higher-ranked pending application was not approved, stating the reasons for (A) approving the subject application and (B) not approving each higher-ranked pending application.
The Commissioner shall establish a formal panel review process for purposes of—
evaluating applications for financial assistance under sections 2991b and 2991d of this title; and
determining the relative merits of the projects for which such assistance is requested.
To implement the process established under paragraph (1), the Commissioner shall appoint members of review panels from among individuals who are not officers or employees of the Administration for Native Americans. In making appointments to such panels, the Commissioner shall give preference to American Indians, Native Hawaiians, other Native American Pacific Islanders (including American Samoan Natives), and Alaska Natives.
Each review panel appointed under subsection (a)(2) that reviews any application for financial assistance shall—
determine the merit of each project* described in such application;
rank such application with respect to all other applications it reviews for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested; and
submit to the Commissioner a list that identifies all applications reviewed by such panel and arranges such applications according to rank determined under paragraph (2).
Upon the request of the chairman of the Committee on Indian Affairs of the Senate or of the chairman of the Committee on Education and Labor of the House of Representatives made with respect to any application for financial assistance under section 2991b or 2991d of this title, the Commissioner shall transmit to the chairman written notice—
identifying such application;
containing a copy of the list submitted to the Commissioner under subsection (b)(3) in which such application is ranked;
specifying which other applications ranked in such list have been approved by the Commissioner under sections 2991b and 2991d of this title; and
if the Commissioner has not approved each application superior in merit, as indicated on such list, to the application with respect to which such notice is transmitted, containing a statement of the reasons relied upon by the Commissioner for—
approving the application with respect to which such notice is transmitted; and
failing to approve each pending application that is superior in merit, as indicated on such list, to the application described in subparagraph (A).
Source credit: (Pub. L. 88–452, title VIII, § 806, as added and amended Pub. L. 100–175, title V, §§ 502(4), 504(b)(2), Nov. 29, 1987, 101 Stat. 973, 975; Pub. L. 102–375, title VIII, § 822(6), (21), Sept. 30, 1992, 106 Stat. 1298, 1300; Pub. L. 103–171, § 5(5), Dec. 2, 1993, 107 Stat. 1992; Pub. L. 103–437, § 15(k), Nov. 2, 1994, 108 Stat. 4593.)
- 1987Enacted · Pub. L. 88-452 · 101 Stat. 973, 975
- 1992Amended · Pub. L. 102-375 · 106 Stat. 1298, 1300
- 1993Amended · Pub. L. 103-171 · 107 Stat. 1992
- 1994Amended · Pub. L. 103-437 · 108 Stat. 4593
A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-452 on 1987-11-29.
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