Page:United States Statutes at Large Volume 122.djvu/3217

 12 2 STA T .3 1 94PUBLIC LA W 11 0– 31 5— AU G .14 , 200 8soa s n o t to i nt erf ere w it h the ti m e ly awar d in g of grants for the a p pli c a b le grant competition .‘ ‘ ( i v)ER R O R INPE ER RE V IE W PRO C E S S. — ‘‘( I ) R E F ERR ALT O SECON D AR Y REVIEW.—In the case of a peer review process error listed in cla u se (i)(I) , if the S ecretary determines that points were withheld for criteria not re q uired in F ederal statute, regulation, or guidance governing a pro - gram assisted under this chapter or the application for a grant for such program, or determines that information pertaining to selection criteria was wrongly determined missing from an application by a peer reviewer, then the Secretary shall refer the application to a secondary review panel. ‘‘(II) T I M ELY REVIEW REPLACEMENT SCORE.— The secondary review panel described in subclause (I) shall conduct a secondary review in a timely fashion, and the score resulting from the secondary review shall replace the score from the initial peer review. ‘‘(III) C OMPOSITION OF SECONDARY REVIEW PANEL.—The secondary review panel shall be com- posed of reviewers each of whom— ‘‘(aa) did not review the application in the original peer review; ‘‘(bb) is a member of the cohort of peer reviewers for the grant program that is the sub j ect of such secondary review; and ‘‘(cc) to e x tent practicable, has conducted peer reviews in not less than two previous competitions for the grant program that is the subject of such secondary review. ‘‘(I V ) FINAL SCORE.—The final peer review score of an application subject to a secondary review under this clause shall be adjusted appro- priately and quic k ly using the score awarded by the secondary review panel, so as not to interfere with the timely awarding of grants for the applicable grant competition. ‘‘(V) QU ALIFICATION FOR SECONDARY REVIEW.— To qualify for a secondary review under this clause, an applicant shall have evidence of a scoring error and demonstrate that— ‘‘(aa) points were withheld for criteria not required in statute, regulation, or guidance governing the Federal TRI O programs or the application for a grant for such programs; or ‘‘(bb) information pertaining to selection criteria was wrongly determined to be missing from the application. ‘‘(v) FINALITY.— ‘‘(I) IN G ENERAL.— A determination by the Sec- retary under clause (i), (ii), or (iii) shall not be reviewable by any officer or employee of the D epartment. ‘‘(II) SCORING.—The score awarded by a sec- ondary review panel under clause (iv) shall not Panel.

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