
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5665a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
                        Part C--National Programs
 
     subpart ii--special emphasis prevention and treatment programs
 
Sec. 5665a. Considerations for approval of applications


(a) In general

    Any agency, institution, or individual desiring to receive a grant, 
or enter into a contract, under this part shall submit an application at 
such time, in such manner, and containing or accompanied by such 
information as the Administrator may prescribe.

(b) Contents of application

    In accordance with guidelines established by the Administrator, each 
application for assistance under this part shall--
        (1) set forth a program for carrying out one or more of the 
    purposes set forth in this part and specifically identify each such 
    purpose such program is designed to carry out;
        (2) provide that such program shall be administered by or under 
    the supervision of the applicant;
        (3) provide for the proper and efficient administration of such 
    program;
        (4) provide for regular evaluation of such program;
        (5) certify that the applicant has requested the State planning 
    agency and local agency designated in section 5633 of this title, if 
    any, to review and comment on such application and indicate the 
    responses of such State planning agency and local agency to such 
    request;
        (6) attach a copy of the responses of such State planning agency 
    and local agency to such request;
        (7) provide that regular reports on such program shall be sent 
    to the Administrator and to such State planning agency and local 
    agency; and
        (8) provide for such fiscal control and fund accounting 
    procedures as may be necessary to ensure prudent use, proper 
    disbursement, and accurate accounting of funds received under this 
    subchapter.

(c) Factors considered

    In determining whether or not to approve applications for grants and 
for contracts under this part, the Administrator shall consider--
        (1) the relative cost and effectiveness of the proposed program 
    in carrying out this part;
        (2) the extent to which such program will incorporate new or 
    innovative techniques;
        (3) if a State plan has been approved by the Administrator under 
    section 5633(c) of this title, the extent to which such program 
    meets the objectives and priorities of the State plan, taking into 
    consideration the location and scope of such program;
        (4) the increase in capacity of the public and private agency, 
    institution, or individual involved to provide services to address 
    juvenile delinquency and juvenile delinquency prevention;
        (5) the extent to which such program serves communities which 
    have high rates of juvenile unemployment, school dropout, and 
    delinquency; and
        (6) the adverse impact that may result from the restriction of 
    eligibility, based upon population, for cities with a population 
    greater than 40,000 located within States which have no city with a 
    population over 250,000.

(d) Competitive selection process; review of proposed programs; 
        expedited consideration of proposed programs

    (1)(A) Programs selected for assistance through grants or contracts 
under this part (other than section 5651(f) of this title) shall be 
selected through a competitive process to be established by rule by the 
Administrator. As part of such a process, the Administrator shall 
announce in the Federal Register--
        (i) the availability of funds for such assistance;
        (ii) the general criteria applicable to the selection of 
    applicants to receive such assistance; and
        (iii) a description of the procedures applicable to submitting 
    and reviewing applications for such assistance.

    (B) The competitive process described in subparagraph (A) shall not 
be required if the Administrator makes a written determination waiving 
the competitive process--
        (i) with respect to programs to be carried out in areas with 
    respect to which the President declares under the Robert T. Stafford 
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 
    seq.) that a major disaster or emergency exists; or
        (ii) with respect to a particular program described in this part 
    that is uniquely qualified.

    (2)(A) Programs selected for assistance through grants or contracts 
under this part (other than section 5651(f) of this title) shall be 
reviewed before selection, and thereafter as appropriate, through a 
formal peer review process utilizing experts (other than officers and 
employees of the Department of Justice) in fields related to the subject 
matter of the proposed program.
    (B) Such process shall be established by the Administrator in 
consultation with the Directors and other appropriate officials of the 
National Science Foundation and the National Institute of Mental Health. 
Before implementation of such process, the Administrator shall submit 
such process to such Directors, each of whom shall prepare and furnish 
to the chairman of the Committee on Education and Labor of the House of 
Representatives and the chairman of the Committee on the Judiciary of 
the Senate a final report containing their comments on such process as 
proposed to be established.
    (3) The Administrator, in establishing the processes required under 
paragraphs (1) and (2), shall provide for emergency expedited 
consideration of the proposed programs if necessary to avoid any delay 
which would preclude carrying out such programs.

(e) City population not basis for denial

    A city shall not be denied assistance under this part solely on the 
basis of its population.

(f) Transmission of notification to Committee chairmen

    Notification of grants and contracts made under this part (and the 
applications submitted for such grants and contracts) shall, upon being 
made, be transmitted by the Administrator,\1\ to the chairman of the 
Committee on Education and Labor of the House of Representatives and the 
chairman of the Committee on the Judiciary of the Senate.
---------------------------------------------------------------------------
    \1\ So in original. The comma probably should not appear.
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(Pub. L. 93-415, title II, Sec. 262, as added Pub. L. 100-690, title 
VII, Sec. 7263(a)(2)(F), Nov. 18, 1988, 102 Stat. 4445; amended Pub. L. 
102-586, Sec. 2(h), Nov. 4, 1992, 106 Stat. 5001.)

                       References in Text

    The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 
referred to in subsec. (d)(1)(B)(i), is Pub. L. 93-288, May 22, 1974, 88 
Stat. 143, as amended, which is classified principally to chapter 68 
(Sec. 5121 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 5121 of this 
title and Tables.


                            Prior Provisions

    A prior section 262 of Pub. L. 93-415 was renumbered section 299A 
and is classified to section 5672 of this title.


                               Amendments

    1992--Subsec. (d)(1)(B). Pub. L. 102-586, Sec. 2(h)(1), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``The competitive process described in subparagraph (A) shall not be 
required if the Administrator makes a written determination that--
        ``(i)(I) the proposed program is not within the scope of any 
    announcement issued, or expected to be issued, by the Administrator 
    regarding the availability of funds to carry out programs under this 
    part, but can be supported by a grant or contract in accordance with 
    this part; and
        ``(II) such program is of such outstanding merit, as determined 
    through peer review conducted under paragraph (2), that the award of 
    a grant or contract without competition is justified; or
        ``(ii) the applicant is uniquely qualified to provide proposed 
    training services as provided in section 5654 of this title and 
    other qualified sources are not capable of providing such services, 
    and includes in such determination the factual and other bases 
    thereof.''
    Subsec. (d)(1)(C). Pub. L. 102-586, Sec. 2(h)(2), struck out subpar. 
(C) which read as follows: ``If a program is selected for assistance 
without competition pursuant to the exception provided in subparagraph 
(B), the Administrator shall promptly so notify the chairman of the 
Committee on Education and Labor of the House of Representatives and the 
chairman of the Committee on the Judiciary of the Senate. Such 
notification shall include copies of the Administrator's determination 
made under such subparagraph and the peer review determination required 
by paragraph (2).''

                         Change of Name

    Committee on Education and Labor of House of Representatives treated 
as referring to Committee on Economic and Educational Opportunities of 
House of Representatives by section 1(a) of Pub. L. 104-14, set out as a 
note preceding section 21 of Title 2, The Congress. Committee on 
Economic and Educational Opportunities of House of Representatives 
changed to Committee on Education and the Workforce of House of 
Representatives by House Resolution No. 5, One Hundred Fifth Congress, 
Jan. 7, 1997.


                             Effective Date

    Section effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100-
690, set out as an Effective Date of 1988 Amendment note under section 
5601 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5667d-2, 5671, 13002, 13003, 
13013, 13023 of this title.
