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LegalText 42 U.S.C. § 289a Peer review requirements us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 289a 42 U.S.C. § 289a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s289a data/legal/raw/us/code/title-42/usc42.xml 3ab17f4f245aaf551d7c9e107994c1c3001af5cac712951ef81667e324fa034d 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e d35d78fe611587634054364e9dd208690f832ee75536932042f7c025695375e9 2026-07-04 official
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42 U.S.C. § 289a - Peer review requirements

Text

(a) Applications for biomedical and behavioral research grants, cooperative agreements, and contracts; regulations (1) The Secretary, acting through the Director of NIH, shall by regulation require appropriate technical and scientific peer review of—

(A) applications made for grants and cooperative agreements under this chapter for biomedical and behavioral research; and

(B) applications made for biomedical and behavioral research and development contracts to be administered through the National Institutes of Health.

(2) Regulations promulgated under paragraph (1) shall require that the review of applications made for grants, contracts, and cooperative agreements required by the regulations be conducted—

(A) to the extent practical, in a manner consistent with the system for technical and scientific peer review applicable on November 20, 1985, to grants under this chapter for biomedical and behavioral research, and

(B) to the extent practical, by technical and scientific peer review groups performing such review on or before November 20, 1985,

and shall authorize such review to be conducted by groups appointed under sections 282(b)(16) and 284(c)(3) of this title.

(b) Periodic review of research at National Institutes of Health The Director of NIH shall establish procedures for periodic technical and scientific peer review of research at the National Institutes of Health. Such procedures shall require that—

(1) the reviewing entity be provided a written description of the research to be reviewed, and

(2) the reviewing entity provide the advisory council of the national research institute involved with such description and the results of the review by the entity,

and shall authorize such review to be conducted by groups appointed under sections 282(b)(6) 11 See References in Text note below. and 284(c)(3) of this title.

(c) Compliance with requirements for inclusion of women and minorities in clinical research (1) In technical and scientific peer review under this section of proposals for clinical research, the consideration of any such proposal (including the initial consideration) shall, except as provided in paragraph (2), include an evaluation of the technical and scientific merit of the proposal regarding compliance with section 289a2 of this title.

(2) Paragraph (1) shall not apply to any proposal for clinical research that, pursuant to subsection (b) of section 289a2 of this title, is not subject to the requirement of subsection (a) of such section regarding the inclusion of women and members of minority groups as subjects in clinical research.

(July 1, 1944, ch. 373, title IV, § 492, as added Pub. L. 99158, § 2, Nov. 20, 1985, 99 Stat. 874; amended Pub. L. 10343, title I, § 132, June 10, 1993, 107 Stat. 135; Pub. L. 109482, title I, § 102(f)(1)(B), Jan. 15, 2007, 120 Stat. 3685.)

Notes

Editorial Notes

References in TextSection 282(b)(6) of this title, referred to in subsec. (b), was redesignated section 282(b)(16) by Pub. L. 109482, title I, § 102(a)(3), Jan. 15, 2007, 120 Stat. 3681.

Amendments2007—Subsec. (a)(2). Pub. L. 109482 substituted “sections 282(b)(16)” for “sections 282(b)(6)” in concluding provisions. 1993—Subsec. (c). Pub. L. 10343 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2007 AmendmentAmendment by Pub. L. 109482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109482, set out as a note under section 281 of this title.