Section text and notes
In general
section 134 of title 41The Secretary, after consultation with the Assistant Secretary, shall require appropriate peer review of grants, cooperative agreements, and contracts to be administered through the agency which exceed the simple acquisition threshold as defined in .
Members
The members of any peer review group established under subsection (a) 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 such peer review group shall be officers or employees of the United States. In the case of any such peer review group that is reviewing a grant, cooperative agreement, or contract related to mental illness treatment, not less than half of the members of such peer review group shall be licensed and experienced professionals in the prevention, diagnosis, or treatment of, or recovery from, mental illness or co-occurring mental illness and substance use disorders and have a medical degree, a doctoral degree in psychology, or an advanced degree in nursing or social work from an accredited program, and the Secretary, in consultation with the Assistant Secretary, shall, to the extent possible, ensure such peer review groups include broad geographic representation, including both urban and rural representatives.
Advisory council review
Conditions
The Secretary may establish limited exceptions to the limitations contained in this section regarding participation of Federal employees and advisory council approval. The circumstances under which the Secretary may make such an exception shall be made public.
July 1, 1944, ch. 373 Pub. L. 98–24, § 2(b)(7)97 Stat. 178 Pub. L. 99–158, § 3(c)99 Stat. 879 Pub. L. 99–570, title IV100 Stat. 3207–109 Pub. L. 102–321, title I, § 104106 Stat. 333 Pub. L. 102–352, § 2(a)(7)106 Stat. 938 Pub. L. 105–392, title IV, § 412112 Stat. 3590 Pub. L. 106–310, div. B, title XXXIV, § 3401(b)114 Stat. 1218 Pub. L. 114–255, div. B, title VI130 Stat. 1203 (, title V, § 504, formerly § 506, as added , , ; amended , , ; renumbered § 507 and amended , §§ 4004(a), 4007, , , 3207–115; renumbered § 504 and amended , , ; , , ; , , ; , , ; , §§ 6001(c)(2), 6009, , , 1215.)
Editorial Notes
Codification
section 134 of title 41Pub. L. 111–350, § 6(c)124 Stat. 3854 In subsecs. (a) and (c), “” substituted for “section 4(11) of the Office of Federal Procurement Policy Act” on authority of , , , which Act enacted Title 41, Public Contracts.
section 290aa–5 of this titlePub. L. 102–321Section was formerly classified to prior to renumbering by .
Prior Provisions
act July 1, 1944, ch. 373, title V, § 504 Pub. L. 93–282, title II, § 20288 Stat. 135 Pub. L. 96–398, title III, § 32594 Stat. 1596 Pub. L. 97–35, title IX, § 902(g)(1)95 Stat. 560 Pub. L. 98–24, § 2(b)(6)97 Stat. 177 Pub. L. 98–509, title II98 Stat. 2360 Pub. L. 99–117, § 11(b)99 Stat. 495 Pub. L. 99–570, title IV100 Stat. 3207–115 Pub. L. 99–660, title V, § 504100 Stat. 3797 Pub. L. 100–690, title II, § 2057(1)102 Stat. 4211 Pub. L. 102–321, title I, § 101(b)106 Stat. 331 section 285p of this titleA prior section 290aa–3, , formerly title IV, § 455, as added , , ; amended , , title IV, § 401(a), title VIII, § 804(a), , 1597, 1608; , , ; renumbered title V, § 504, , , ; , , §§ 203, 204, , 2361; , , ; , , §§ 4011(a), 4012, 4013, 4021(a), (b)(1), , 3207–116, 3207–124; , , ; , , (2), , related to National Institute of Mental Health, prior to repeal by , , . See .
section 222 of this titlePub. L. 98–24section 300aa–3 of this titlePub. L. 99–660section 300cc–3 of this titlePub. L. 98–621, § 10(s)98 Stat. 3381 A prior section 504 of act , which was classified to , was renumbered section 2104 of act , by and transferred to , renumbered section 2304 of act , by and transferred to , prior to repeal by , , .
Amendments
Pub. L. 114–255, § 6001(c)(2)2016—Subsec. (a). , substituted “Assistant Secretary” for “Administrator”.
Pub. L. 114–255, § 6009Subsec. (b). , inserted at end: “In the case of any such peer review group that is reviewing a grant, cooperative agreement, or contract related to mental illness treatment, not less than half of the members of such peer review group shall be licensed and experienced professionals in the prevention, diagnosis, or treatment of, or recovery from, mental illness or co-occurring mental illness and substance use disorders and have a medical degree, a doctoral degree in psychology, or an advanced degree in nursing or social work from an accredited program, and the Secretary, in consultation with the Assistant Secretary, shall, to the extent possible, ensure such peer review groups include broad geographic representation, including both urban and rural representatives.”
Pub. L. 106–310section 403 of title 412000— reenacted section catchline without change and amended text generally, substituting, in subsec. (a), provisions requiring, after consultation with the Administrator of the Substance Abuse and Mental Health Services Administration, appropriate peer review of grants, cooperative agreements, and contracts to be administered through the agency that exceed the simple acquisition threshold as defined in for provisions requiring such peer review 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, in subsec. (b), provisions relating to members of peer groups qualified to perform review functions under subsec. (a) for similar provisions in former subsec. (b) but which included reference to regulatory establishment of such groups, in subsec. (c), provisions relating to advisory council review for provisions relating to requirements and specification of regulations promulgated under subsec. (a), and in subsec. (d), provisions relating to Secretary’s authority to establish exceptions to the limitations in section regarding participation of Federal employees and advisory council approval for provisions relating to recommendations.
Pub. L. 105–3921998—Subsec. (d)(2). substituted “or cooperative agreement” for “cooperative agreement, or contract” wherever appearing in introductory provisions.
Pub. L. 102–3521992— 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.
Pub. L. 99–570, § 40071986—Subsec. (b). , inserted “applications made for” before “grants, cooperative” in introductory text.
Pub. L. 99–1581985—Subsec. (e). added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendments
Pub. L. 102–352Pub. L. 102–321section 3(1) of Pub. L. 102–352section 285n of this titleAmendment by effective immediately upon effectuation of amendment made by , see , set out as a note under .
Pub. L. 102–321Pub. L. 102–321section 236 of this titleAmendment by effective , with provision for programs providing financial assistance, see section 801(c), (d) of , set out as a note under .