
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3796aa-3]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
 SUBCHAPTER XII-B--GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF 
                    CHILDREN WHO ARE VICTIMS OF ABUSE
 
Sec. 3796aa-3. 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 3796aa-1 of this title 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 3796aa-2 of this title 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.

(Pub. L. 90-351, title I, Sec. 1404, as added Pub. L. 101-647, title II, 
Sec. 241(a)(2), Nov. 29, 1990, 104 Stat. 4811; amended Pub. L. 103-322, 
title IV, Sec. 40156(c)(4), Sept. 13, 1994, 108 Stat. 1923.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-322, Sec. 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 
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, upon 
determining that'' in introductory provisions and designated concluding 
provisions as subsec. (b). See below.
    Subsec. (a)(1). Pub. L. 103-322, Sec. 40156(c)(4)(A)(ii), 
substituted ``the applicant certifies and the Director determines that 
there is in effect in the State'' for ``there is in effect in such 
State''.
    Subsec. (a)(2). Pub. L. 103-322, Sec. 40156(c)(4)(A)(iii), in 
introductory provisions substituted ``the applicant certifies and the 
Director determines that State law meets'' for ``such State law shall 
meet''.
    Subsec. (a)(2)(E). Pub. L. 103-322, Sec. 40156(c)(4)(A)(iv), which 
directed the insertion of ``and'' at the end of ``subparagraph (E)'', 
without indicating which paragraph 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, Sec. 40156(c)(4)(A)(v), inserted 
``the Director determines that'' before ``the application'' and 
substituted a period for ``; and'' at end.
    Subsec. (a)(4). Pub. L. 103-322, Sec. 40156(c)(4)(A)(vi), struck out 
par. (4) which read as follows: ``before the approval of such 
application and any amendment thereto the Bureau has made an affirmative 
finding in writing that such equipment and personnel training has been 
reviewed in accordance with section 3796aa-2 of this title.''
    Subsec. (b). Pub. L. 103-322, Sec. 40156(c)(4)(A)(vii), (viii), 
designated concluding provisions of subsec. (a) as subsec. (b) and 
substituted ``the Director'' for ``the Bureau'' wherever appearing. 
Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 103-322, Sec. 40156(c)(4)(B), redesignated 
subsec. (b), relating to reconsideration of applications, as (c) and 
substituted ``The Director'' for ``The Bureau''.

                          Transfer of Functions

    Effective Aug. 1, 2000, all functions of Director of Bureau of 
Justice Assistance, other than those enumerated in section 3742(3) to 
(6) of this title, transferred to Assistant Attorney General for Office 
of Justice Programs, see section 1000(a)(1) [title I, Sec. 108(b)] of 
Pub. L. 106-113, set out as a note under section 3741 of this title.
