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 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. Page 105 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10336 4811; amended Pub. L. 103–322, title IV, § 40156(c)(4), Sept. 13, 1994, 108 Stat. 1923.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322, § 40156(c)(4)(A)(i), (vii), substituted ‘‘An applicant is eligible to receive a grant under this subchapter if—’’ for ‘‘The Bureau shall provide financial assistance to each State applicant under section 3796aa–1 of this title to provide equip- ment and personnel training for the closed-circuit tele- vising and video taping of the testimony of children in criminal proceedings for the violation of laws relating to the abuse of children, upon determining that’’ in in- troductory provisions and designated concluding provi- sions as subsec. (b). See below. Subsec. (a)(1). Pub. L. 103–322, § 40156(c)(4)(A)(ii), sub- stituted ‘‘the applicant certifies and the Director deter- mines that there is in effect in the State’’ for ‘‘there is in effect in such State’’. Subsec. (a)(2). Pub. L. 103–322, § 40156(c)(4)(A)(iii), in introductory provisions substituted ‘‘the applicant cer- tifies and the Director determines that State law meets’’ for ‘‘such State law shall meet’’. Subsec. (a)(2)(E). Pub. L. 103–322, § 40156(c)(4)(A)(iv), which directed the insertion of ‘‘and’’ at the end of ‘‘subparagraph (E)’’, without indicating which para- graph of subsec. (a) was to be amended, was executed by making the insertion at end of par. (2)(E) to reflect the probable intent of Congress. Subsec. (a)(3). Pub. L. 103–322, § 40156(c)(4)(A)(v), in- serted ‘‘the Director determines that’’ before ‘‘the ap- plication’’ and substituted a period for ‘‘; and’’ at end. Subsec. (a)(4). Pub. L. 103–322, § 40156(c)(4)(A)(vi), struck out par. (4) which read as follows: ‘‘before the approval of such application and any amendment there- to the Bureau has made an affirmative finding in writ- ing that such equipment and personnel training has been reviewed in accordance with section 3796aa–2 of this title.’’ Subsec. (b). Pub. L. 103–322, § 40156(c)(4)(A)(vii), (viii), designated concluding provisions of subsec. (a) as sub- sec. (b) and substituted ‘‘the Director’’ for ‘‘the Bu- reau’’ wherever appearing. Former subsec. (b) redesig- nated (c). Subsec. (c). Pub. L. 103–322, § 40156(c)(4)(B), redesig- nated subsec. (b), relating to reconsideration of appli- cations, as (c) and substituted ‘‘The Director’’ for ‘‘The Bureau’’. 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. § 10335. Reports (a) Each State or unit of local government that receives a grant under this subchapter shall submit to the Director, for each year in which any part of such grant is expended by a State or unit of local government, a report which con- tains— (1) a summary of the activities carried out with such grant and an assessment of the im- pact of such activities on meeting the needs identified in the application submitted under section 10333 of this title; and (2) such other information as the Director may require by rule. Such report shall be submitted in such form and by such time as the Director may require by rule. (b) Not later than 90 days after the end of each fiscal year for which grants are made under this subchapter, the Director shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report that includes with respect to each State— (1) the aggregate amount of grants made under this chapter to the State and units of local government in the State for such fiscal year; and (2) a summary of the information provided in compliance with subsection (a)(1) of this section. (Pub. L. 90–351, title I, § 1406, as added Pub. L. 101–647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4812; amended Pub. L. 103–322, title IV, § 40156(c)(6), Sept. 13, 1994, 108 Stat. 1924.) Editorial Notes CODIFICATION Section was formerly classified to section 3796aa–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322, § 40156(c)(6)(A)(i), (ii), substituted ‘‘State or unit of local government that’’ for ‘‘State which’’ and ‘‘subchapter’’ for ‘‘chap- ter’’ in introductory provisions. Subsec. (a)(1). Pub. L. 103–322, § 40156(c)(6)(A)(iii), struck out ‘‘State’’ before ‘‘application submitted’’. Subsec. (b)(1). Pub. L. 103–322, § 40156(c)(6)(B), sub- stituted ‘‘the State and units of local government in the State’’ for ‘‘such State’’. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which item 13 on page 121 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. 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. § 10336. Expenditure of grants; records (a) Identified uses A grant made under this subchapter may not be expended for more than 75 percent of the cost of the identified uses, in the aggregate, for