TECHNICAL AND CONFORMING AMENDMENTS TO PARTS B AND C OF TITLE II.

SEC. 7263. TECHNICAL AND CONFORMING AMENDMENTS TO PARTS B AND C OF TITLE II. (a) Technical Amendments.—Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— (1) in part B— (A) by striking the heading for subpart I, and (B) by striking subpart II, and (2) in part C— (A) by striking the heading for such part and inserting the following: “Part C—National Programs”, (B) by inserting after the heading for part C the following: “Subpart I—National Institute for Juvenile Justice and Delinquency Prevention”, (C) by striking sections 245 and 246, (D) in section 249— (i) in subsection (a) by striking “section 248” and inserting “section 245”, (ii) in subsection (b) by striking “section 248(b)” and inserting “section 245(b)”, and (iii) in subsection (c) by striking “section 246” and inserting “section 245”, (E) by redesignating sections 247, 248, and 249 as sections 245, 246, and 247, respectively, and (F) by adding at the end the following: “Subpart II—Special Emphasis Prevention and Treatment Programs “authority to make grants and contracts“Sec. 261. (a) The Administrator shall, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals provide for each of the following during each fiscal year: “(1) Establishing or maintaining community-based alternatives to traditional forms of institutionalization of juvenile offenders. “(2) Establishing or implementing effective means of diverting juveniles from the traditional juvenile justice and correctional system, including restitution and reconciliation projects which test and validate selected arbitration models, such as neighborhood courts or panels, and increase victim satisfaction while providing alternatives to incarceration for detained or adjudicated delinquents. “(3) Establishing or supporting programs stressing advocacy activities aimed at improving services to juveniles impacted by the juvenile justice system, including services which encourage the improvement of due process available to juveniles in the juvenile justice system, which improve the quality of legal 102 STAT. 4444 representation of such juveniles, and which provide for the appointment of special advocates by courts for such juveniles. “(4) Developing or supporting model programs to strengthen and maintain the family unit in order to prevent or treat juvenile delinquency. “(5) Establishing or implementing special emphasis prevention and treatment programs relating to juveniles who commit serious crimes (including such crimes committed in schools), including programs designed to deter involvement in illegal activities or to promote involvement in lawful activities on the part of gangs whose membership is substantially composed of juveniles. “(6) Developing or implementing further a coordinated, national law-related education program of— “(A) delinquency prevention in elementary and secondary schools, and other local sites; “(B) training for persons responsible for the implementation of law-related education programs; and “(C) disseminating information regarding model, innovative, law-related education programs to juvenile delinquency programs, including those that are community based, and to law enforcement and criminal justice agencies for activities related to juveniles. “(7) Addressing efforts to reduce the proportion of juveniles detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if such proportion exceeds the proportion such groups represent in the general population. “(b) The Administrator is authorized, by making grants to and entering into contracts with public and private nonprofit agencies, organizations, institutions, and individuals, to develop and implement new approaches, techniques, and methods designed to— “(1) improve the capability of public and private agencies and organizations to provide services for delinquents and other juveniles to help prevent juvenile delinquency; “(2) develop and implement, in coordination with the Secretary of Education, model programs and methods to keep students in elementary and secondary schools, to prevent unwarranted and arbitrary suspensions and expulsions, and to encourage new approaches and techniques with respect to the prevention of school violence and vandalism; “(3) develop, implement, and support, in conjunction with the Secretary of Labor, other public and private agencies, organizations, business, and industry, programs for the employment of juveniles; “(4) develop and support programs designed to encourage and assist State legislatures to consider and establish policies consistent with this title, both by amending State laws, if necessary, and devoting greater resources to effectuate such policies; “(5) develop and implement programs relating to juvenile delinquency and learning disabilities, including on-the-job training programs to assist law enforcement personnel and juvenile justice personnel to more effectively recognize and provide for learning-disabled and other handicapped juveniles; “(6) develop statewide programs through the use of subsidies or other financial incentives designed to— 102 STAT. 4445 “(A) remove juveniles from jails and lockups for adults; “(B) replicate juvenile programs designated as exemplary by the National Institute of Justice; or “(C) establish and adopt, based upon the recommendations of the National Advisory Committee for Juvenile Justice and Delinquency Prevention made before the date of the enactment of the Juvenile Justice, Runaway Youth, and Missing Children’s Act Amendments of 1984, standards for the improvement of juvenile justice within each State involved; and “(7) develop and implement model programs, relating to the special education needs of delinquent and other juveniles, which develop locally coordinated policies and programs among education, juvenile justice, and social service agencies. “(c) Not less than 30 percent of the funds available for grants and contracts under this section shall be available for grants to and contracts with private nonprofit agencies, organizations, and institutions which have experience in dealing with juveniles. “(d) Assistance provided under this section shall be available on an equitable basis to deal with female, minority, and disadvantaged juveniles, including juveniles who are mentally, emotionally, or physically handicapped. “(e) Not less than 5 percent of the funds available for grants and contracts under this section shall be available for grants and contracts designed to address the special needs and problems of juvenile delinquency in the Virgin Islands of the United States, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. “considerations for approval of applications “Sec. 262. (a) 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) 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 223, 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 102 STAT. 4446 “(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-102 STAT. 4447tion made under such subparagraph and the peer review determination required by paragraph (2). “(2)(A) Programs selected for assistance through grants or contracts under this part (other than section 241(f)) 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) A city shall not be denied assistance under this part solely on the basis of its population. “(f) 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, 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.”. (b) Conforming Amendments.—(1) Section 223(a)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(1)) is amended by striking “section 261(c)(1)” and inserting “section 291(c)(1)”. (2) Section 246 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5660), as so redesignated by section (a)(2)(E), is amended by striking “section 248” and inserting “section 245”.