PRIA, Government Policy, Made Personal

Summary

When the Secretary sends a plan to Congress for using judgment funds, the plan must start and be put into action after a 60-day waiting period. Days when either the House or the Senate is not in session because of an adjournment of more than three calendar days to a day certain do not count. The plan will not take effect if, during that 60-day period, Congress passes a joint resolution disapproving it. If Congress disapproves a plan, the Secretary must send proposed legislation and a report to Congress within 30 calendar days after that disapproval. The Secretary may withdraw or change a plan before disapproval. Changes that affect how money is split between beneficiaries need those beneficiaries’ consent. If a plan is withdrawn, the Secretary can send a new plan before the original one-year deadline. When the first disapproval resolution is introduced in either chamber, the 60-day clock is reset from that introduction date and cannot be reset again.

Title 25, §1405

Indians, Source: USLM XML via OLRC

(a)Original plan

The plan prepared by the Secretary shall become effective, and he shall take immediate action to implement the plan for the use or distribution of such judgment funds, at the end of the sixty-day period (excluding days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days to a day certain) beginning on the day such plan is submitted to the Congress, unless during such sixty-day period a joint resolution is enacted disapproving such plans.

(b)Proposed legislation and report to Congress following Congressional disapproval

Within thirty calendar days after the date of enactment of a joint resolution disapproving a plan, the Secretary shall submit to the Congress proposed legislation, together with a report thereon, authorizing use or distribution of such funds.

(c)Successor plan previously withdrawn or amended prior to Congressional action; consent to amendments

Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 1402(d) of this title. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended.

(d)Resubmission of successor plan within prescribed period following withdrawal of plan

Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan.

(e)Recomputation of sixty-day period from date of introduction of joint resolution of disapproval; reextension restriction

Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Subsec. (a). Pub. L. 97–458, § 3(a), substituted “unless during such sixty-day period a joint resolution is enacted” for “unless during such sixty-day period either House adopts a resolution disapproving such plans”. Subsec. (b). Pub. L. 97–458, § 3(b), substituted “date of enactment of a joint resolution disapproving a plan” for “date of adoption of a resolution disapproving a plan”. Subsecs. (c) to (e). Pub. L. 97–458, § 3(c), added subsecs. (c) to (e).

§1405 Effective Date of Plan; Joint Resolution of Disapproval

Summary

Title 25, §1405

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata