
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC289a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
              SUBCHAPTER III--NATIONAL RESEARCH INSTITUTES
 
                       Part H--General Provisions
 
Sec. 289a. Peer review requirements


(a) Applications for biomedical and behavioral research grants, 
        cooperative agreements, and contracts; regulations

    (1) The Secretary, acting through the Director of NIH, shall by 
regulation require appropriate technical and scientific peer review of--
        (A) applications made for grants and cooperative agreements 
    under this chapter for biomedical and behavioral research; and
        (B) applications made for biomedical and behavioral research and 
    development contracts to be administered through the National 
    Institutes of Health.

    (2) Regulations promulgated under paragraph (1) shall require that 
the review of applications made for grants, contracts, and cooperative 
agreements required by the regulations be conducted--
        (A) to the extent practical, in a manner consistent with the 
    system for technical and scientific peer review applicable on 
    November 20, 1985, to grants under this chapter for biomedical and 
    behavioral research, and
        (B) to the extent practical, by technical and scientific peer 
    review groups performing such review on or before November 20, 1985,

and shall authorize such review to be conducted by groups appointed 
under sections 282(b)(6) and 284(c)(3) of this title.

(b) Periodic review of research at National Institutes of Health

    The Director of NIH shall establish procedures for periodic 
technical and scientific peer review of research at the National 
Institutes of Health. Such procedures shall require that--
        (1) the reviewing entity be provided a written description of 
    the research to be reviewed, and
        (2) the reviewing entity provide the advisory council of the 
    national research institute involved with such description and the 
    results of the review by the entity,

and shall authorize such review to be conducted by groups appointed 
under sections 282(b)(6) and 284(c)(3) of this title.

(c) Compliance with requirements for inclusion of women and minorities 
        in clinical research

    (1) In technical and scientific peer review under this section of 
proposals for clinical research, the consideration of any such proposal 
(including the initial consideration) shall, except as provided in 
paragraph (2), include an evaluation of the technical and scientific 
merit of the proposal regarding compliance with section 289a-2 of this 
title.
    (2) Paragraph (1) shall not apply to any proposal for clinical 
research that, pursuant to subsection (b) of section 289a-2 of this 
title, is not subject to the requirement of subsection (a) of such 
section regarding the inclusion of women and members of minority groups 
as subjects in clinical research.

(July 1, 1944, ch. 373, title IV, Sec. 492, as added Pub. L. 99-158, 
Sec. 2, Nov. 20, 1985, 99 Stat. 874; amended Pub. L. 103-43, title I, 
Sec. 132, June 10, 1993, 107 Stat. 135.)


                               Amendments

    1993--Subsec. (c). Pub. L. 103-43 added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in sections 280e, 282, 283f, 284, 284a, 
287a-2, 287c, 289a-1, 289c of this title.
