Page:United States Statutes at Large Volume 102 Part 5.djvu/440

 102 STAT. 4446

Urban areas.

Federal Register, publication.

PUBLIC LAW 100-690—NOV. 18, 1988

"(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 title. "(c) 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 223(c), 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)(1)(A) Programs selected for assistance through grants or contracts under this part (other than section 241(f)) 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 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 244 and other qualified sources are not capable of providing such services, and includes in such determination the factual and other bases thereof. "(C) 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 determina-

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