Page:United States Statutes at Large Volume 104 Part 6.djvu/421

This page needs to be proofread.


PUBLIC LAW 101-647—NOV. 29, 1990 104 STAT. 4811 "(4) an assurance that the State appHcation 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 comment thereon was provided to citizens and to neighborhood and community groups. ^ , -5, REVIEW OF APPLICATIONS «?, "SEC. 1404. (a) The Bureau shall provide financial assistance to 42 USC each State applicant under section 1402 of this title to provide 3796aa-3. 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— "(1) there is in effect in such 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) such State law shall meet 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; "(3) the application submitted under section 1402 or amendment to such application is consistent with the requirements of this title; and "(4) 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 1403 of this title. Each application or amendment made and submitted for approval to the Bureau pursuant to section 1403 shall be deemed approved, in whole or in part, by the Bureau not later than 60 days after first received unless the Bureau informs the applicant of specific reasons for disapproval. "(b) The Bureau 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. " ALLOCATION AND DISTRIBUTION OF FUNDS UNDER FORMULA GRANTS "SEC. 1405. (a) The total amount appropriated for this part in any 42 USC fiscal year shall be set aside for section 1402 and allocated to States 3796aa-4. as follows: "(1) $50,000 shall be allocated to each of the participating States. "(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each participating