
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: 42USC290aa-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
      SUBCHAPTER III-A--SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
                             ADMINISTRATION
 
              Part A--Organization and General Authorities
 
Sec. 290aa-3. Peer review


(a) In general

    The Secretary, after consultation with the Directors of the Center 
for Substance Abuse Treatment, the Center for Substance Abuse 
Prevention, and the Center for Mental Health Services, shall require 
appropriate peer review of grants, cooperative agreements, and contracts 
to be administered through such Centers.

(b) Members

    The members of any peer review group established under regulations 
under subsection (a) of this section shall be individuals who by virtue 
of their training or experience are eminently qualified to perform the 
review functions of the group. Not more than one-fourth of the members 
of any peer review group established under such regulation shall be 
officers or employees of the United States.

(c) Requirements

    Regulations promulgated pursuant to subsection (a) of this section--
        (1) shall require that the reviewing entity be provided a 
    written description of the matter to be reviewed;
        (2) shall require that the reviewing entity provide the advisory 
    council of the Center involved with such description and the results 
    of the review by the entity; and
        (3) may specify the conditions under which limited exceptions 
    may be granted to the limitations contained in the last sentence of 
    subsection (b) of this section and subsection (d) of this section.

(d) Recommendations

                           (1) In general

        If the direct cost of a grant, cooperative agreement, or 
    contract (described in subsection (a) of this section) to be made 
    does not exceed $50,000, the Secretary may make such grant, 
    cooperative agreement, or contract only if such grant, cooperative 
    agreement, or contract is recommended after peer review required by 
    regulations under subsection (a) of this section.

                 (2) By appropriate advisory council

        If the direct cost of a grant,\1\ or cooperative agreement 
    (described in subsection (a) of this section) to be made exceeds 
    $50,000, the Secretary may make such grant,\1\ or cooperative 
    agreement only if such grant,\1\ or cooperative agreement is 
    recommended--
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    \1\ So in original. The comma probably should not appear.
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            (A) after peer review required by regulations under 
        subsection (a) of this section, and
            (B) by the appropriate advisory council.

(July 1, 1944, ch. 373, title V, Sec. 504, formerly Sec. 506, as added 
Pub. L. 98-24, Sec. 2(b)(7), Apr. 26, 1983, 97 Stat. 178; amended Pub. 
L. 99-158, Sec. 3(c), Nov. 20, 1985, 99 Stat. 879; renumbered Sec. 507 
and amended Pub. L. 99-570, title IV, Secs. 4004(a), 4007, Oct. 27, 
1986, 100 Stat. 3207-109, 3207-115; renumbered Sec. 504 and amended Pub. 
L. 102-321, title I, Sec. 104, July 10, 1992, 106 Stat. 333; Pub. L. 
102-352, Sec. 2(a)(7), Aug. 26, 1992, 106 Stat. 938; Pub. L. 105-392, 
title IV, Sec. 412, Nov. 13, 1998, 112 Stat. 3590.)

                          Codification

    Section was formerly classified to section 290aa-5 of this title 
prior to renumbering by Pub. L. 102-321.


                            Prior Provisions

    A prior section 290aa-3, act July 1, 1944, ch. 373, title V, 
Sec. 504, formerly title IV, Sec. 455, as added May 14, 1974, Pub. L. 
93-282, title II, Sec. 202, 88 Stat. 135; amended Oct. 7, 1980, Pub. L. 
96-398, title III, Sec. 325, title IV, Sec. 401(a), title VIII, 
Sec. 804(a), 94 Stat. 1596, 1597, 1608; Aug. 13, 1981, Pub. L. 97-35, 
title IX, Sec. 902(g)(1), 95 Stat. 560; renumbered title V, Sec. 504, 
Apr. 26, 1983, Pub. L. 98-24, Sec. 2(b)(6), 97 Stat. 177; Oct. 19, 1984, 
Pub. L. 98-509, title II, Secs. 203, 204, 98 Stat. 2360, 2361; Oct. 7, 
1985, Pub. L. 99-117, Sec. 11(b), 99 Stat. 495; Oct. 27, 1986, Pub. L. 
99-570, title IV, Secs. 4011(a), 4012, 4013, 4021(a), (b)(1), 100 Stat. 
3207-115, 3207-116, 3207-124; Nov. 14, 1986, Pub. L. 99-660, title V, 
Sec. 504, 100 Stat. 3797; Nov. 18, 1988, Pub. L. 100-690, title II, 
Sec. 2057(1), (2), 102 Stat. 4211, related to National Institute of 
Mental Health, prior to repeal by Pub. L. 102-321, title I, Sec. 101(b), 
July 10, 1992, 106 Stat. 331. See section 285p of this title.
    A prior section 504 of act July 1, 1944, which was classified to 
section 222 of this title, was renumbered section 2104 of act July 1, 
1944, by Pub. L. 98-24 and transferred to section 300aa-3 of this title, 
renumbered section 2304 of act July 1, 1944, by Pub. L. 99-660 and 
transferred to section 300cc-3 of this title, prior to repeal by Pub. L. 
98-621, Sec. 10(s), Nov. 8, 1984, 98 Stat. 3381.


                               Amendments

    1998--Subsec. (d)(2). Pub. L. 105-392 substituted ``or cooperative 
agreement'' for ``cooperative agreement, or contract'' wherever 
appearing in introductory provisions.
    1992--Pub. L. 102-352 struck out ``by regulation'' after ``Center 
for Mental Health Services, shall'' in subsec. (a).
    Pub. L. 102-321 amended section generally, substituting provisions 
relating to peer review of grants, cooperative agreements, and contracts 
administered through the Centers for Substance Abuse Treatment, 
Substance Abuse Prevention, and Mental Health Services for provisions 
relating to peer review of biomedical and behavioral research and 
development grants, cooperative agreements, and contracts administered 
through the National Institutes of Mental Health, Alcohol Abuse and 
Alcoholism, and Drug Abuse.
    1986--Subsec. (b). Pub. L. 99-570, Sec. 4007, inserted 
``applications made for'' before ``grants, cooperative'' in introductory 
text.
    1985--Subsec. (e). Pub. L. 99-158 added subsec. (e).


                    Effective Date of 1992 Amendments

    Amendment by Pub. L. 102-352 effective immediately upon effectuation 
of amendment made by Pub. L. 102-321, see section 3(1) of Pub. L. 102-
352, set out as a note under section 285n of this title.
    Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision 
for programs providing financial assistance, see section 801(c), (d) of 
Pub. L. 102-321, set out as a note under section 236 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 290aa-1 of this title.
