PUBLIC LAW 106-310—OCT. 17, 2000 114 STAT. 1219 "SEC. 504. PEER REVIEW. "(a) IN GENERAL. —The Secretary, after consultation with the Grants. Administrator, shall require appropriate peer review of grants, Contracts. cooperative agreements, and contracts to be administered through the agency which exceed the simple acquisition threshold as defined in section 4(11) of the Office of Federal Procurement Policy Act. "(b) 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. "(c) ADVISORY COUNCIL REVIEW. —I f the direct cost of a grant or cooperative agreement (described in subsection (a)) exceeds the simple acquisition threshold as defined by section 4(11) of the Office of Federal Procurement Policy Act, the Secretary may make such a grant or cooperative agreement only if such grant or cooperative agreement is recommended— "(1) after peer review required under subsection (a); and "(2) by the appropriate advisory council. "(d) 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". SEC. 3402. ADVISORY COUNCILS. Section 502(e) of the Public Health Service Act (42 U.S.C. 290aa-l(e)) is amended in the first sentence by striking "3 times" and inserting "2 times". SEC. 3403. GENERAL PROVISIONS FOR THE PERFORMANCE PARTNER- SHIP BLOCK GRANTS. (a) PLANS FOR PERFORMANCE PARTNERSHIPS. —Section 1949 of the Public Health Service Act (42 U.S.C. 300x-59) is amended as follows: "SEC. 1949. PLANS FOR PERFORMANCE PARTNERSHIPS. "(a) DEVELOPMENT. — The Secretary in conjunction with States and other interested groups shall develop separate plans for the programs authorized under subparts I and II for creating more flexibility for States and accountability based on outcome and other performance measures. The plans shall each include— "(1) a description of the flexibility that would be given to the States under the plan; "(2) the common set of performance measures that would be used for accountability, including measures that would be used for the program under subpart II for pregnant addicts, HIV transmission, tuberculosis, and those with a co-occurring substance abuse and mental disorders, and for programs under subpart I for children with serious emotional disturbance and adults with serious mental illness and for individuals with co-occurring mental health and substance abuse disorders; "(3) the definitions for the data elements to be used under the plan; "(4) the obstacles to implementation of the plan and the manner in which such obstacles would be resolved;
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