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34 U.S.C. § 10334 — Review of applications

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10334 — Review of applications

**(a) Eligibility for grants** An applicant is eligible to receive a grant under this subchapter if— (1) the applicant certifies and the Director determines that there is in effect in the State a law that permits the closed-circuit televising and video taping of testimony of children in criminal proceedings for the violation of laws relating to the abuse of children; (2) the applicant certifies and the Director determines that State law meets the following criteria: (A) the judges determination that a child witness will be traumatized by the presence of the defendant must be made on a case-by-case basis; (B) the trauma suffered must be more than de minimis; (C) the child witness must give his/her statements under oath; (D) the child witness must submit to cross-examination; and (E) the finder of fact must be permitted to observe the demeanor of the child witness in making his or her statement and the defendant must be able to contemporaneously communicate with his defense attorney; and (3) the Director determines that the application submitted under [section 10332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10332&num=0&edition=prelim) or amendment to such application is consistent with the requirements of this chapter. **(b) Applications deemed approved** Each application or amendment made and submitted for approval to the Director pursuant to [section 10333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10333&num=0&edition=prelim) shall be deemed approved, in whole or in part, by the Director not later than 60 days after first received unless the Director informs the applicant of specific reasons for disapproval. **(c) Reconsideration of applications** The Dir

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Stable record: federal_law:legal_authorities:record_usc_1f289990e2d473e3332a5e94
Source file: Laws/federal/codes/united-states-code/title-34/section-10334-review-of-applications--9d8e33266a.md
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Source location: Title 34, Chapter 101, § 10334; chapter-101-justice-system-improvement.md

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**(a) Eligibility for grants** An applicant is eligible to receive a grant under this subchapter if— (1) the applicant certifies and the Director determines that there is in effect in the State a law that permits the closed-circuit televising and video taping of testimony of children in criminal proceedings for the violation of laws relating to the abuse of children; (2) the applicant certifies and the Director determines that State law meets the following criteria: (A) the judges determination that a child witness will be traumatized by the presence of the defendant must be made on a case-by-case basis; (B) the trauma suffered must be more than de minimis; (C) the child witness must give his/her statements under oath; (D) the child witness must submit to cross-examination; and (E) the finder of fact must be permitted to observe the demeanor of the child witness in making his or her statement and the defendant must be able to contemporaneously communicate with his defense attorney; and (3) the Director determines that the application submitted under [section 10332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10332&num=0&edition=prelim) or amendment to such application is consistent with the requirements of this chapter. **(b) Applications deemed approved** Each application or amendment made and submitted for approval to the Director pursuant to [section 10333 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10333&num=0&edition=prelim) shall be deemed approved, in whole or in part, by the Director not later than 60 days after first received unless the Director informs the applicant of specific reasons for disapproval. **(c) Reconsideration of applications** The Director shall not finally disapprove any application, or any amendment thereto, submitted to the Director under this section without first affording the applicant reasonable notice and opportunity for reconsideration.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10141 — Establishment of Bureau of Justice Assistance

**(a)** There is established within the Department of Justice, under the general authority of the Attorney General, a Bureau of Justice Assistance (hereafter in this subchapter referred to as the “Bureau”). **(b)** The Bureau shall be headed by a Director (hereafter in this subchapter referred to as the “Director”) who shall be appointed by the President. The Director shall report to the Attorney General through the Assistant Attorney General. The Director shall have final authority for all grants, cooperative agreements, and contracts awarded by the Bureau. The Director shall not engage in any employment other than that of serving as the Director, nor shall the Director hold any office in, or act in any capacity for, any organization, agency, or institution with which the Bureau makes any contract or other arrangement under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796aa–3 — Transferred

### Statutory Notes #### Codification Section 3796aa–1 was editorially reclassified as [section 10332 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10332&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10332 — Description of grant program

The Director is authorized to make grants to provide equipment and personnel training for the closed-circuit televising and video taping of the testimony of children in criminal proceedings for the violation of laws relating to the abuse of children.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10333 — Applications to receive grants

To request a grant under [section 10332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10332&num=0&edition=prelim), the chief executive officer of a State or unit of local government shall submit to the Director an application at such time and in such form as the Director may require. Such application shall include— (1) a certification that Federal funds made available under [section 10332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10332&num=0&edition=prelim) will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of such funds, be made available for criminal proceedings for the violation of laws relating to the abuse of children; and (2) a certification that funds required to pay the non-Federal portion of the cost of equipment and personnel training for which such grant is made shall be in addition to funds that would otherwise be made available by the recipients of grant funds for criminal proceedings for the violation of laws relating to the abuse of children.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796aa–5 — Transferred

### Statutory Notes #### Codification Section 3796aa–3 was editorially reclassified as [section 10334 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10334&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10334 — Review of applications

Page 104 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10333 (Pub. L. 90–351, title I, § 1402, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4810; amended Pub. L. 103–322, title IV, § 40156(c)(2), Sept. 13, 1994, 108 Stat. 1923.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1994—Pub. L. 103–322 struck out ‘‘to States, for the use of States and units of local government in the States’’ after ‘‘make grants’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Effective Aug. 1, 2000, all functions of Director of Bu- reau of Justice Assistance, other than those enumer- ated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Pro- grams, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106–113, set out as a note under section 10141 of this title. § 10333. Applications to receive grants To request a grant under section 10332 of this title, the chief executive officer of a State or unit of local government shall submit to the Di- rector an application at such time and in such form as the Director may require. Such applica- tion shall include— (1) a certification that Federal funds made available under section 10332 of this title will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of such funds, be made available for criminal pro- ceedings for the violation of laws relating to the abuse of children; and (2) a certification that funds required to pay the non-Federal portion of the cost of equip- ment and person

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