
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: 42USC299c-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
       SUBCHAPTER VII--AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
 
                       Part C--General Provisions
 
Sec. 299c-1. Peer review with respect to grants and contracts


(a) Requirement of review

                           (1) In general

        Appropriate technical and scientific peer review shall be 
    conducted with respect to each application for a grant, cooperative 
    agreement, or contract under this subchapter.

                       (2) Reports to Director

        Each peer review group to which an application is submitted 
    pursuant to paragraph (1) shall report its finding and 
    recommendations respecting the application to the Director in such 
    form and in such manner as the Director shall require.

(b) Approval as precondition of awards

    The Director may not approve an application described in subsection 
(a)(1) of this section unless the application is recommended for 
approval by a peer review group established under subsection (c) of this 
section.

(c) Establishment of peer review groups

                           (1) In general

        The Director shall establish such technical and scientific peer 
    review groups as may be necessary to carry out this section. Such 
    groups shall be established without regard to the provisions of 
    title 5 that govern appointments in the competitive service, and 
    without regard to the provisions of chapter 51, and subchapter III 
    of chapter 53, of such title that relate to classification and pay 
    rates under the General Schedule.

                           (2) Membership

        The members of any peer review group established under this 
    section shall be appointed from among individuals who by virtue of 
    their training or experience are eminently qualified to carry out 
    the duties of such peer review group. Officers and employees of the 
    United States may not constitute more than 25 percent of the 
    membership of any such group. Such officers and employees may not 
    receive compensation for service on such groups in addition to the 
    compensation otherwise received for these duties carried out as such 
    officers and employees.

                            (3) Duration

        Notwithstanding section 14(a) of the Federal Advisory Committee 
    Act, peer review groups established under this section may continue 
    in existence until otherwise provided by law.

                         (4) Qualifications

        Members of any peer review group shall, at a minimum, meet the 
    following requirements:
            (A) Such members shall agree in writing to treat information 
        received, pursuant to their work for the group, as confidential 
        information, except that this subparagraph shall not apply to 
        public records and public information.
            (B) Such members shall agree in writing to recuse themselves 
        from participation in the peer review of specific applications 
        which present a potential personal conflict of interest or 
        appearance of such conflict, including employment in a directly 
        affected organization, stock ownership, or any financial or 
        other arrangement that might introduce bias in the process of 
        peer review.

(d) Authority for procedural adjustments in certain cases

    In the case of applications for financial assistance whose direct 
costs will not exceed $100,000, the Director may make appropriate 
adjustments in the procedures otherwise established by the Director for 
the conduct of peer review under this section. Such adjustments may be 
made for the purpose of encouraging the entry of individuals into the 
field of research, for the purpose of encouraging clinical practice-
oriented or provider-based research, and for such other purposes as the 
Director may determine to be appropriate.

(e) Regulations

    The Director shall issue regulations for the conduct of peer review 
under this section.

(July 1, 1944, ch. 373, title IX, Sec. 922, as added Pub. L. 106-129, 
Sec. 2(a), Dec. 6, 1999, 113 Stat. 1665.)

                       References in Text

    The provisions of title 5 that govern appointments in the 
competitive service, referred to in subsec. (c)(1), are classified 
generally to section 3301 et seq. of Title 5, Government Organization 
and Employees.
    Section 14(a) of the Federal Advisory Committee Act, referred to in 
subsec. (c)(3), is section 14(a) of Pub. L. 92-463, which is set out in 
the Appendix to Title 5.


                            Prior Provisions

    A prior section 299c-1, act July 1, 1944, ch. 373, title IX, 
Sec. 922, as added Pub. L. 101-239, title VI, Sec. 6103(c), Dec. 19, 
1989, 103 Stat. 2201; amended Pub. L. 101-508, title IV, 
Sec. 4118(f)(2)(F), Nov. 5, 1990, 104 Stat. 1388-70; Pub. L. 102-410, 
Sec. 5(d), Oct. 13, 1992, 106 Stat. 2098, related to peer review with 
respect to grants and contracts, prior to the general amendment of this 
subchapter by Pub. L. 106-129.
