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

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 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 pro- ceedings for the violation of laws relating to the abuse of children. (Pub. L. 90–351, title I, § 1403, 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)(3), Sept. 13, 1994, 108 Stat. 1923.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1994—Pub. L. 103–322, in introductory provisions in- serted ‘‘or unit of local government’’ after ‘‘of a State’’, in par. (1) inserted ‘‘and’’ at end, in par. (2) substituted a period for the semicolon at end, and struck out pars. (3) and (4) which read as follows: ‘‘(3) an assurance that the State application described in this section, and any amendment to such applica- tion, has been submitted for review to the State legis- lature or its designated body (for purposes of this sec- tion, such application or amendment shall be deemed to be reviewed if the State legislature or such body does not review such application or amendment within the 60-day period beginning on the date such applica- tion or amendment is so submitted); and ‘‘(4) an assurance that the State application and any amendment thereto was made public before submission to the Bureau and, to the extent provided under State law or established procedure, an opportunity to com- ment thereon was provided to citizens and to neighbor- hood and community groups.’’ 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. § 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 tele- vising and video taping of testimony of chil- dren 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 defend- ant must be able to contemporaneously com- municate with his defense attorney; and (3) the Director determines that the applica- tion submitted under section 10332 of this title or amendment to such application is con- sistent with the requirements of this chapter. (b) Applications deemed approved Each application or amendment made and sub- mitted for approval to the Director pursuant to section 10333 of this title shall be deemed ap- proved, in whole or in part, by the Director not later than 60 days after first received unless the Director informs the applicant of specific rea- sons for disapproval. (c) Reconsideration of applications The Director shall not finally disapprove any application, or any amendment thereto, sub- mitted to the Director under this section with- out first affording the applicant reasonable no- tice and opportunity for reconsideration. (Pub. L. 90–351, title I, § 1404, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat.