Sec. 942. PEER REVIEW WITH RESPECT TO GRANTS AND CONTRACTS
599 words·~3 min read·
/statute-compilations/comps-77777777/sec-942A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 942 PEER REVIEW WITH RESPECT TO GRANTS AND CONTRACTS **[**299c–1**]** ###
(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 title. ####
(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) unless the application is recommended for approval by a peer review group established under subsection (c). ###
(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, United States Code, 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 Act3, peer review groups established under this section may continue in existence until otherwise provided by law. 3Section 4(a)(243) of Public Law 117–286 provides for an amendment to “[s]ection 941(c)(3) of the Public Health Service Act (42 U.S.C. 299c–1(c)(3))” by striking “section 14(a) of the Federal Advisory Committee Act,” and inserting “section 1013(a) of title 5, United States Code,”. The stricken matter does not appear in section 941(c)(3), however, it does appear in section 942(c)(3). ####
(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.
Connectionstraces to 1
1 reference not yet in our index
- 42 USC 299c–1(c)(3)
Citation graph
cites case law
Sec. 942
PEER REVIEW WITH RESPECT TO GRANTS AND CONTRACTS
Cite42 USC 299c–1(c)(3)
Cites 2Cited by 0 across 0 sources