§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 Administrator

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 Administrator in such form and in such manner as the Administrator shall require.

(b) Approval as precondition of awards

The Administrator 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 Administrator 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 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 shall continue in existence until otherwise provided by law.

(d) Categories of review

(1) In general

With respect to technical and scientific peer review under this section, there shall be two categories of peer review groups as follows:

(A) One category of such groups shall, subject to subparagraph (B), review applications with respect to research, demonstration projects, or evaluations.

(B) The other category of such groups shall review applications with respect to dissemination activities or the development of research agendas (including conferences, workshops, and meetings). If the purpose of a proposal presented in an application is a matter described in the preceding sentence, the application shall be reviewed by the groups referred to in such sentence, notwithstanding that the proposal involves research, demonstration projects, or evaluations.

(2) Authority for procedural adjustments in certain cases

In the case of applications described in subsection (a)(1) of this section for financial assistance whose direct costs will not exceed $50,000, the Administrator may make appropriate adjustments in the procedures otherwise established by the Administrator 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 research, and for such other purposes as the Administrator may determine to be appropriate.

(e) Regulations

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

(July 1, 1944, ch. 373, title IX, §922, as added Dec. 19, 1989, Pub. L. 101–239, title VI, §6103(c), 103 Stat. 2201 ; amended Nov. 5, 1990, Pub. L. 101–508, title IV, §4118(f)(2)(F), 104 Stat. 1388–70 ; Oct. 13, 1992, Pub. L. 102–410, §5(d), 106 Stat. 2098 .)

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.

Amendments

1992-Subsec. (c)(2). Pub. L. 102–410, §5(d)(1), struck out "who are not officers or employees of the United States and" after "from among individuals" and inserted at end "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 duties carried out as such officers and employees."

Subsec. (d)(1). Pub. L. 102–410, §5(d)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "With respect to technical and scientific peer review under this section, such review of applications with respect to research, demonstration projects, or evaluations (other than of dissemination activities) shall be conducted by different peer review groups than the peer review groups that conduct such review of applications with respect to research, demonstration projects, or evaluations of dissemination activities or the development of research agendas (including conferences, workshops, and meetings)."

1990-Subsec. (d)(1). Pub. L. 101–508 inserted "(other than of dissemination activities)" after "evaluations" and "research, demonstration projects, or evaluations of" after "applications with respect to", the latter being executed by inserting such words after the second reference to "applications with respect to" to reflect the probable intent of Congress.

Effective Date of 1990 Amendment

Section 4118(f)(2)(F) of Pub. L. 101–508 provided that the amendment made by that section is effective as if included in the Omnibus Budget Reconciliation Act of 1989, Pub. L. 101–239.