42 U.S.C. § 2991d–1: Panel review of…

Summary

The Commissioner must set up a formal review panel process to judge applications for money under sections 2991b and 2991d and to compare which projects are strongest. Panel members must not be officers or employees of the Administration for Native Americans. When picking members, the Commissioner should prefer American Indians, Native Hawaiians, other Native American Pacific Islanders (including American Samoan Natives), and Alaska Natives. Each panel must score each project, rank the applications it reviews for that fiscal year, and send the ranked list to the Commissioner. If the chair of the Senate Committee on Indian Affairs or the chair of the House Committee on Education and Labor asks about a specific application, the Commissioner must send a written notice that names the application, includes the panel’s ranked list showing where it stands, says which higher-ranked applications on that list have been approved, and, if any higher-ranked pending applications were not approved, explains why the chosen application was approved and why each superior pending application was not.

Title 42, §2991d–1

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment of formal panel; members

(1)The Commissioner shall establish a formal panel review process for purposes of—

(A)evaluating applications for financial assistance under section 2991b and 2991d of this title; and

(B)determining the relative merits of the projects for which such assistance is requested.

(2)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.

(b)Duties of panel

Each review panel appointed under subsection (a)(2) that reviews any application for financial assistance shall—

(1)determine the merit of each project described in such application;

(2)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

(3)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).

(c)Notice to Congressional committee chairman; information required

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—

(1)identifying such application;

(2)containing a copy of the list submitted to the Commissioner under subsection (b)(3) in which such application is ranked;

(3)specifying which other applications ranked in such list have been approved by the Commissioner under section 2991b and 2991d of this title; and

(4)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—

(A)approving the application with respect to which such notice is transmitted; and

(B)failing to approve each pending application that is superior in merit, as indicated on such list, to the application described in subparagraph (A).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 806 of Pub. L. 88–452 was renumbered section 807 and is classified to section 2991e of this title. Another prior section 806 of Pub. L. 88–452, title VIII, as added Pub. L. 89–794, title VIII, § 801, Nov. 8, 1966, 80 Stat. 1474, provided for duration of VISTA program through June 30, 1970, and was classified to section 2991e of this title, prior to the general amendment of this subchapter by Pub. L. 90–222, title I, § 110, Dec. 23, 1967, 81 Stat. 722.

Amendments

1994—Subsec. (c). Pub. L. 103–437 substituted “Committee on Indian Affairs” for “Select Committee on Indian Affairs”. 1993—Subsec. (a)(2). Pub. L. 103–171 substituted “Alaska” for “Alaskan”. 1992—Pub. L. 102–375, § 822(6), substituted “Commissioner” for “Secretary” wherever appearing. Subsec. (a)(2). Pub. L. 102–375, § 822(21), which directed the substitution of “Alaska Native” for “Alaskan Native”, could not be executed because the words “Alaskan Native” did not appear. 1987—Subsec. (a)(2). Pub. L. 100–175, § 504(b)(2), which directed that par. (2) be amended by inserting “other Native American Pacific Islanders (including American Samoan Natives),” after “Hawaiian Natives,” was executed by making the insertion after “Native Hawaiians,” to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date

Enactment and amendment by Pub. L. 100–175 effective Oct. 1, 1987, see section 701 of Pub. L. 100–175, set out as an

Effective Date

of 1987 Amendment note under section 3001 of this title.

§2991d–1 Panel Review of Applications for Assistance

Summary

Title 42, §2991d–1

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Citations & Metadata