Imágenes de páginas
PDF
EPUB
[blocks in formation]

all

Call Himston

и

The proposel,

[ocr errors]
[ocr errors]

chelle begured for some hat not the actinitis envisioned

سمر

the

propisal. The lack of specificity, and stapply residing stify deployment, and

not

[ocr errors]

affiliated with corte, to une then.

Layest

and

a developmented effort, operational conte consume the

share of funding at devilly affect na persone question of wh

reasonableness There

whether

[ocr errors]

the stafy proposed are realister in light by theirs in responsibilites facilitating гду

Tinitiative most ather appear to be an effort to mahilige, coordinate, facilitate, expedite, ete existing Agences, Governmented

Score

5

Coner,

organgation and indemeding
whom are allready

[ocr errors]

an cntigual tembull Coordinaty Connees, Algany groups, the, and therefore

do not require

Perhaps

денел

a direct service.

percons Consideration phoned

to deployment of notify,

a manner

[ocr errors]

а

unrenconable.

defferent

Othe carte do not seem un

Hummery Statement

Continue to be very favorably im

The Nationa

The

pressed with the vision of Partnersking, and strongly recomment factiating be pursued. I wish the and, homever, that the application - received while commendable in some respecte; senous deficiencies which should be considered for and for and improved upon.

APPENDIX A

REGULATION ON COMPETITION AND PEER REVIEW POLICY

Federal Register / Vol. 50. No. 149 / Friday, August 2: 1985 / Rules and Regulations

[merged small][ocr errors]

(j) The following system of records is exempt from 5 U.S.C. 552a (c)(3), (d). (e)(1). (e)(4) (G) and (H), (f) and (g):

(1) National Center for the Analysis of Violent Crime (NCAVC}}{JUSTICE/FBI015). These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a (i)(2) and (4)(2). ́

(k) Exemptions from the particular subsections are justified for the following reasons:

(1) From subsection (c)(3) because providing the accounting of disclosures to the subject could prematurely reveal investigative interest by the FBI and other law enforcement agencies, thereby providing the individual an opportunity to impede an active investigation. destroy or alter evidence, and possibly render harm to violent crime victims and/or witnesses.

[ocr errors]

(2) From subsections (d), (e)(4) (G) and (H), and (f) because disclosure to the subject could interfere with enforcement proceedings of a criminal justice agency. reveal the identity of a confidential source. result in an unwarranted invasion of another's privacy, reveal the details of a sensitive investigative technique, or endanger the life and safety of law enforcement personnel. potential violent crime victims, and witnesses. Disclosure also could prevent the future apprehension of a violent or . exceptionally dangerous criminal

fugitive should he or she modify his or her method of operation in order to evade law enforcement. Also.. specifically from subsection (d)(2). which permits an individual to request amendment of a record, because the nature of the information in the system is such that an individual criminal offender would frequently demand amendment of derogatory information.. forcing the FBI to continuously retrograde its criminal investigations in an attempt to resolve questions of accuracy, etc.

(3) From subsection (g) because the system is exempt from the access and amendment provisions of subsection (d). (4) From subsection (e)(1) because it is not always possible to establish relevance and necessity of the information at the time it is obtained or developed. Information, the relevance and necessity of which may not be readily apparent, frequently can prover

to be of investigative value at a later date and time.

[FR Doc. 85-18232 Filed 8-1-35; 8:45 am)

BILLING CODE 4419-03-18

Office of Juvenile Justica and Delinquency Prevention

28 CFR Part 34

Competition and Peer Review Policy

AGENCY: Office of Juvenile Justice and
Delinquency Prevention. Justice.
ACTION Final Competition and Peer
Review Regulation.

SUMMARY: The Office of Juvenile Justice
and Delinquency Prevention (OJJDP) is
publishing a final regulation to
implement the competition and peer
review requirements of section 225(d) of
the Juvenile Justice and Delinquency
Prevention Act of 1974, 42 U.S.C. 5601, et
seq., as amended (Pub. L. 93-415, as
amended by Pub. L. 94-503, Pub. L. 95-
115. Pub. L. 96-509, and Pub. L. 98-473)
(hereinafter "Act"). The regulation
governs the award of categorical grant
funds under Part B. Subpart II (Special
Emphasis Prevention and Treatment
Programs), and Part C (National
Institute for Juvenile Justice and
Delinquency Prevention-NIJJDP) of the

Act.

EFFECTIVE DATE: This regulation is effective August 2, 1985.

FOR FURTHER INFORMATION CONTACT:

Dr. James C. Howell, Office of the Deputy Administrator. OJJDP, 633 Indiana Avenue, NW., Room 748, Washington, D.C. 20531; telephone 202/ 724-5911.

SUPPLEMENTARY INFORMATION:

Background Information

This regulation pertains to a new requirement in the Act. The statute previously contained no requirement for use of competition or peer review in the award of funds to programs and projects under either Parf B, Subpart IL or Part C of the Act. Exclusions

-The rationale for excluding specific types of funding from the scope of the competition and peer review regulation warrants further explanation.

(1) Exclusion of projects selected for funding prior to October 12, 1984. The regulation excludes projects for which initial applications were received prior to or on October 12 1984, and which receive(d) an initial award after such date (§ 34.2(b)): The primary basis for this exclusion is that Section 225(d)(2) of the Act specifies that "new programs

31361

selected after the effective date of the Act shall be reviewed before selection and thereafter as appropriate through a formal peer review process.... Further, our review of the legislative history of the 1984 Amendments to the Act indicates that Congress intended that the provision apply only to "new" programs, not those already selected and being processed for funding. The exclusion applies to projects under the "Private Sector Corrections" Program. (See discussion under Comment 1.)

(2) Exclusion of procurement contracts. The regulation does not cover procurement contracts (§ 34.2(h)). This is because OJDP's procurement contracts are already subject to other Federal laws (the Federal Property and Administrative Services Act) and regulations (the Federal Acquisition Regulation), which severely limit sole source contract awards, and because both the statute and its legislative history make specific reference to "assistance" awards and not to the procurement of goods and services for the benefit and use of the government.

(3) Exciusion of competitively awarded Part C programs and projects from peer review. These are excluded by statute. The peer review requirement applies only to assistance awards under Part B. Subpart II of the Act and noncompetitive Part C awards. (See discussion under Comment 8.)

(4) Exclusion of continuation projects. Section 34.2(c) provides that the funding of "continuation" awards is excepted from the regulation. This exception applies to awards for the continuation of project activities which were initially funded under projects selected for award prior to or on October 12, 1984. When continuation awards are made that extend the projected or anticipated project completion date. OJJDP intends. by use of this limiting language, to fund only those specific follow-on activities which were within the scope of and consistent with the original purposes and objectives of the project.

(5) Exclusion of other types of projects. Other specific types of projects are excluded from the regulation. For example. Federal inter-agency fund transfers are excluded because it would serve no purpose to include them. Reservation of Subpart C, Emergency Expedited Review

Section 225(d)(3) of the Act provides that "the Administrator ・・・ shall provide for emergency expedited consideration of program.proposais when necessary to avoid any delay which would preclude carrying out the program."

31382

Federal Register / Vol. 50, No. 149 / Friday, August 2, 1985 / Rules and Regulations

Although it is not possible to specify in advance if or when emergency expedited consideration may be necessary, several circumstances have called for expedited application processing by O]DP in the past. These include the following circumstances:

(1) A local tragedy, disaster, or crisis. such as that which occurred a few years ago in Atlanta (because of the child murders) to which OJJDP responded quickly with funds for prevention programming and

(2) An opportimity to support an outstanding program which is about to cease operations because of the unanticipated loss of existing financial support

Under these and other emergency circumstances, OJJDP believes that, by administratively expediting the procedures set forth for competition and peer review under Subpart A and Subpart B of this regulation, no delay will occur which would preclude carrying out the program. Consequently, ODP is reserving rulemaking under Subpart C. If experience in implementing the competition and peer review process subsequently indicates the need for special emergency expedited review procedures, a rule would be proposed for public comment as Subpart C of this regulation. Commitation

OJDP has initiated consultation with the National Science Foundation (NSF) and the National Institute of Mental Health (NIMH) as required by section 225(d)(2) of the Act. The detailed peer review process to be used in carrying out the broad policy specified in Subpart B is under continuing review by these agencies. OfDP anticipates that the consultation process will be an ongoing one which will permit the OJDP Peer. Review Manual to be a fluid document that can be continuously reviewed and modified based on OJJDF's experience in implementing the peer review process. OJJDP has carefully considered their input, as well as comments received from the public, in the

[ocr errors]

The following is a summary of the
substantive comments and the response
by OJJDP.

1. Comment: The exceptions to
applicability specified in § 34.2 (a) and
(b) appear to establish the date of initial
application, rather than the date of
selection of a particular program or
project, as determining whether the
section 225(d)(1) competition
requirements apply.

Response: Section 225(d) of the Act
specifies that the date of selection of
new programs (or individual projects)
governs whether competition and peer
review are required. Section 34.2(a)
operates to except projects funded
under the Private Sector Corrections-
program, a competitive program
announced in the Federal Register on
January 6, 1984 (49 FR 952). Although
meeting the new competition
requirements, and using peer review in
the pre-application (concept paper)
stage, final selection of projects for
funding was based on internal staff
review and recommendation. Awards to
up to three applicants under this
program are anticipated in the near
future. No other competitive programs
fall under this exception. Section 34.2(b)
operates to except a project awarded
pursuant to OJJDP's Fiscal Year 1984
program plan to Claremont College to
provide State legislative training. The
project application was received.
reviewed, and approved for award
packaging prior to October 12, 1984. It
was subsequently awarded on
November 24, 1984. No other individual
projects fall under this exception.

These "exceptions" are not, in fact,
exceptions to the plain meaning of the
statutory language of section 225(d)
because the Private Sector Corrections
program and the Claremont College
training program had already been
selected for funding by the
Administrator prior to October 12, 1984.
even though the actual awards were not
made until after that date. However,⚫
they were and will remain within the
regulatory "exceptions" in order to
ensure that OJJDP's funding of these

formulation of the peer review portion of applicants after the October 12, 1984

the regulation.

Discussion of Comments

A proposed regulation was published in the Federal Register on April 29, 1985 for public comment. Seven written: comments were received: Ons from two Members of Congress, three from national organizations, one from a University, one from a local government unit, and one from an individual. All comments have been considered by OJDP in the issuance of this regulation.

date is not viewed as a circumvention of
the new statutory requirements.

2 Comment OJDP's statement of the
statutory exception to competition, as
set forth in § 34.2(e), should restate the
statutory requirement that the
Administrator determine that "other
qualified sources are not capable of
carrying out the proposed program" in
order to make a finding that an
applicant for training mads under
section 225(d)(1)(B)(ii) is "uniquely
qualified" to provide such services.

Response: If an applicant is "uniquely qualified" there can be no other "qualified sources." especially one which is, though qualified. "not capable" of carrying out a proposed project. Consequently, OJJDP views a finding that an applicant is "uniquely qualified" as necessarily incorporating these other statutory requirements.

3. Comment: Two commentors raised issues with respect to the fund transfer exceptions specified in § 34.2 (f) and (g). With respect to funds transferred to OJDP by other Federal agencies, it was suggested that OfJDP should seek programmatic advice from outside experts when appropriate and award such funds competitively. With respect to funds transferred to other Federal agencies by OJJDP, it was suggested that OJDP be actively involved in program development and administration in order to ensure that experts are consulted and competition is required for grants and other assistance awarded.

Response: The statutory authority under which OJJDP expends funds transferred to it by another Federal agency is that of the transferring agency. Consequently, Section 225(d) would not be applicable. However, in the expenditure or award of such funds. OJJDP will consider the use, as appropriate, of competition and peer review procedures. The ability of OJDP to transfer Part B. Subpart II, and Part C funds to other Federal agencies is limited. The Economy Act. 31 US.C 1535, authorizes OJDP to order and pay for goods and services provided by another Federal agency. OJJDP has used this authority, for example, as the basis to transfer funds to the Federal Law Enforcement Training Center to provide statutarily authorized training services to juvenile justice and law enforcement system personnel. In addition, section 241(e)(2) of Part C of the Act authorities NIJJDP to "(2) arrange with and reimburse the heads of Federal agencies for the use of personnel or facilities or equipment of such agencies". This authority has been used, for example, to transfer funds to the Census Bureau for the Children in Custody Survey. Finally, OJDP has authority to enter into joint funding arrangements with other Federal agencies under section 205 of the Act. These limited sources of fund transfer authority do not constitute "assistance" awards under section 225(d). However, OJJDP intends, if it is appropriate to do so in a particular fund transier situation, to maximize the use of both competition procedures and outside experts.

[blocks in formation]

Federal Register / Vol. 50. No. 149 / Friday, August 2. 1985 / Rules and Regulations

4. Comment: In enumerating the criteria to be used in the competitive selection of applications (§ 34.2), the proposed regulation fails to list the statutory requirements for Part B. Subpart L applications found in section 225 (b) and (c) of the Act.

Response: The minimum administrative and program requirements for Special Emphasis discretionary program applications set forth in section 225(b) and the considerations specified in section 225(c) to be taken into account by the Administrator in selecting applications for award are not germane to the broad competition and peer review policy set forth in the regulation. Individual program announcements, OJJDP policy.. and the OJJDP Peer Review Manual will, however, incorporate these statutory requirements. OJJDP will ensure that the section 225(b) requirements are met and the Administrator will consider, in making final decisions on applications, the six selection criteria specified in section 225(c).

5. Comment The regulation provision for notification of disposition to applicants (§ 34.4(f)) should provide for feedback of written review comments and summaries to all applicants.

Response: It has been OJJDP's longstanding practice to provide unsuccessful applicants with either a summary of reviewer comments which specifies application deficiencies or copies of reviewer rating and comment sheets (with reviewer identification. removed). Where summaries are provided initially, copies of reviewer rating and comment sheets will be provided if an applicant specifically requests these documents. This practice will be continued for all applications subject to the peer review procedure and will be incorporated in the OJJDP Peer Review Manual.

6. Comment: The exclusion of competitive Part C (NIJJDP) programs. particularly research, development and demonstration programs, from peer review is not warranted, especially when a large number of applications is received in response to a Federal Register program announcement. Response: Section 225(d)(2) of the Act does not require peer review for competitively funded Part C programs. Although section 241(h) of Part Č of the Act states that "The authority of the Institute under this part shall be subject to the terms and conditions of section 225(d)", the OJP Office of General Counsel has advised OJJDP that this language does no more than incorporate the language of section 225(d) into Part C to the extent that it applies by its

[ocr errors]

terms. Congress could easily have
applied section 225(d)(2) to Part C in the
same manner as it did the competition
requirements in section 245(d)(1).

Nevertheless. OJDP concurs with the
thrust of the comment and will use peer
review for competitive Part C programs
when the Administrator determines that
peer review conducted under the terms
of Subpart B is appropriate. In some
circumstances, however, internal staff
review using OJJDP and other
Department of Justice officers and
employees in the review process may be
the preferred review method. The
method anticipated by OJJDP for each
competitive program will, in any event.
be specified in each Part C program.
announcement (See § 34.4(c).)

7. Comment: Is investigator-initiated
research (unsolicited research
proposals) precluded by the use of a
peer review process?

Response: No. Unsolicited research
proposals can be considered in two
ways: (1) They can be funded under the
Section 225(d)(1)(B)(i) exception if
determined through peer review
conducted under Subpart B to be of such
outstanding merit that an award without
competition is justified; or (2) they can
be funded if the proposal, though not
determined to be of outstanding merit
under (1) above, inspires an announced
competitive research program in that
particular area of research and the
applicant successfully competes for an
award. In addition, OJDP is reviewing
the possibility of instituting an
unsolicited research proposal program.
Under such a program, a small number
of areas would be identified as in need
of further research effort. While these
applications would be "solicited" in the
broad sense, researchers could tailor the
exact focus of their proposed research
and their research methodology to the
needs and methodology which they.
rather than OJJDP. perceive to be most
relevant and appropriate..

8. Comment: The peer review
procedures alluded to in § 34.102
including standards of conduct, conflict
of interest, compensation, and other
procedures which implement OJJDP's
peer review policy through the
formulation of an "OJJDP Peer Review
Manual" should also be published in the
Federal Register.

Response: Section 225(d)(2) does not require that OJJDP's peer review policy. much less the specific procedures adopted to implement that policy, be published in the Federal Register for review and comment. However, OJJDP views peer review, where mandated or otherwise appropriate, as an integral part of the overall competitive process. Consequently, the specific principles

31363

under which peer review will be
conducted (the policy) have been
incorporated in Subpart B of this
regulation. OJDP believes the
establishment of this policy framework.
and the flexible process and procedure
to be set forth in the CJJDP Peer Review
Manual (which will contain the "nuts
and bolts" of peer review and how it is
related to the overall OJJDP competition
policy), will fully implement the
Congressional directive of section
225(d). Further. OJJDP intends the Peer
Review Manual to be a fluid document
which will be added to and modified by
experience and the continuing input and
advice of the National Science
Foundation (NSF) and the National
Institute of Mental Health (NIMH), the
agencies charged in section 225(d)(2) of
the Act with advising OJJDP in the
implementation of the peer review
process. It should also be pointed out
that, to OJJDP's knowledge, no agency
using peer review publishes its detailed
peer review process and procedure in
the Federal Register. Many do not even
publish a peer review policy or have
written procedures. OJJDP's process and
procedure will be set forth in the OJJDP
Peer Review Manual and the Manual
will be available to interested members
of the public.

9. Comment Applications recommended by the peer review process should be binding rather than advisory.

Response: The Administrator, OJJDP. is the Federal official charged with the responsibility to administer OJJDP's programs, including the award and denial of assistance applications (see section 201(b) of the Act). Further. section's 225(d) specifies that assistance programs and projects are to be "reviewed before selection" through a formal peer review process, indicating a clear Congressional intent that the decisionmaking authority remain in the Administrator. It must also be noted that the role of a peer reviewer (evaluator of technical and programmatic merit) is a limited one. It necessarily excludes consideration of administrative and procedural requirements, judgments on compliance with minimum program requirements (such as civil rights requirements), statutory funding criteria. and other criteria such as geographic balance, fiscal responsibility determinations, and the like: which necessarily influence the

decisionmaking process. Consequently.. Congress has centered the.. "decisionmaking authority in one

individual whom it has made

* responsible for taking all elements of

« AnteriorContinuar »