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LegalText 34 U.S.C. § 10334 Review of applications us united_states_code code_section 34 CRIME CONTROL AND LAW ENFORCEMENT 101 JUSTICE SYSTEM IMPROVEMENT 10334 34 U.S.C. § 10334 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc34@119-100.zip /us/usc/t34/s10334 data/legal/raw/us/code/title-34/usc34.xml 0ecbde0899d0126197433f7931a20bd9a6a50dbe4516c71b1e85634555799a58 7528207b20373f75fea96478ab5313727f47852e5364ee8c5ea18909f66a9da3 797b3119847afc1a28ecdd4701203eaf6259b4d3c169a9f5aaee17b1d1cd9b8d 2026-07-04 official
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34 U.S.C. § 10334 - Review of applications

Text

(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 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 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. 90351, title I, § 1404, as added Pub. L. 101647, title II, § 241(a)(2), Nov. 29, 1990, 104 Stat. 4811; amended Pub. L. 103322, title IV, § 40156(c)(4), Sept. 13, 1994, 108 Stat. 1923.)

Notes

Editorial Notes

Codification Section was formerly classified to section 3796aa3 of Title 42, The Public Health and Welfare, prior to editorial 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.

Amendments1994—Subsec. (a). Pub. L. 103322, § 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 3796aa1 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. 103322, § 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. 103322, § 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. 103322, § 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. 103322, § 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. 103322, § 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 3796aa2 of this title.” Subsec. (b). Pub. L. 103322, § 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. 103322, § 40156(c)(4)(B), redesignated subsec. (b), relating to reconsideration of applications, 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 Bureau of Justice Assistance, other than those enumerated in section 10142(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, § 108(b)] of Pub. L. 106113, set out as a note under section 10141 of this title.