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

Page 103 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10332 (2) establishing and operating an analytical component to assist participating agencies and projects in the compilation, interpreta- tion, and presentation of information provided to a project; (3) establishing and maintaining a secure telecommunications system for regional infor- mation sharing between Federal, State, tribal, and local law enforcement agencies; (4) establishing and operating secure infor- mation sharing systems to enhance the inves- tigation and prosecution abilities of partici- pating enforcement agencies in addressing multi-jurisdictional terrorist conspiracies and activities; and (5) other programs designated by the Direc- tor that are designed to further the purposes of this subchapter. (c) Rules and regulations The Director is authorized to promulgate such rules and regulations as are necessary to carry out the purposes of this section, including rules and regulations for submitting and reviewing applications. (d) Authorization of appropriation to the Bureau of Justice Assistance There are authorized to be appropriated to the Bureau of Justice Assistance to carry out this section $50,000,000 for fiscal year 2002 and $100,000,000 for fiscal year 2003. (Pub. L. 90–351, title I, § 1301, as added Pub. L. 100–690, title VI, § 6101(a), Nov. 18, 1988, 102 Stat. 4340; amended Pub. L. 107–56, title VII, § 701, Oct. 26, 2001, 115 Stat. 374; Pub. L. 109–162, title XI, § 1114, Jan. 5, 2006, 119 Stat. 3103; Pub. L. 111–211, title II, § 252(a), July 29, 2010, 124 Stat. 2299.) Editorial Notes CODIFICATION Section was formerly classified to section 3796h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 1301 of Pub. L. 90–351, title VIII, June 19, 1968, 82 Stat. 237, amended section 3731 of Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS A prior section 1301 of title I of Pub. L. 90–351, as added Pub. L. 99–570, title I, § 1552(a)(3), Oct. 27, 1986, 100 Stat. 3207–41, authorized Director to provide grants for drug law enforcement programs to eligible States and units of local government, prior to repeal by Pub. L. 100–690, title VI, § 6101(a), Nov. 18, 1988, 102 Stat. 4340. Another prior section 1301 of Pub. L. 90–351 was re- numbered section 2601 and is classified to section 10541 of this title. AMENDMENTS 2010—Subsec. (a). Pub. L. 111–211 inserted ‘‘, tribal,’’ after ‘‘State’’. 2006—Subsec. (b)(1). Pub. L. 109–162, § 1114(1), inserted ‘‘regional’’ before ‘‘information sharing systems’’. Subsec. (b)(3). Pub. L. 109–162, § 1114(2), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘establishing and maintaining a telecommuni- cation of the information sharing and analytical pro- grams in clauses (1) and (2);’’. Subsec. (b)(4). Pub. L. 109–162, § 1114(3), struck out ‘‘(5)’’ at end. 2001—Subsec. (a). Pub. L. 107–56, § 701(1), inserted ‘‘and terrorist conspiracies and activities’’ after ‘‘criminal conspiracies and activities’’. Subsec. (b)(4), (5). Pub. L. 107–56, § 701(2), added par. (4) and redesignated former par. (4) as (5). Subsec. (d). Pub. L. 107–56, § 701(3), added subsec. (d). Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111–211, title II, § 252(b), July 29, 2010, 124 Stat. 2299, provided that: ‘‘Nothing in this section [amending this section] or any amendment made by this section— ‘‘(1) allows the grant to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or ‘‘(2) has any effect other than to authorize, award, or deny a grant of funds to a federally recognized In- dian tribe for the purposes described in the relevant grant program.’’ [For definition of ‘‘Indian tribe’’ as used in section 252(b) of Pub. L. 111–211, set out above, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians.] 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. SUBCHAPTER XIII—GRANTS FOR CLOSED- CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE § 10331. Function of Director The Director shall provide funds to eligible States and units of local government pursuant to this subchapter. (Pub. L. 90–351, title I, § 1401, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4810.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 1401 of Pub. L. 90–351, title IX, June 19, 1968, 82 Stat. 238, enacted section 3103a of Title 18, Crimes and Criminal Procedure. PRIOR PROVISIONS A prior section 1401 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title. 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. § 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 pro- ceedings for the violation of laws relating to the abuse of children. 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.