GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE.

SEC. 241. GRANTS FOR CLOSED-CIRCUIT TELEVISING OF TESTIMONY OF CHILDREN WHO ARE VICTIMS OF ABUSE. (a) Establishment of Grant Program.— Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended— (1) in part N— (A) in the heading by striking “Part N” and inserting “Part O”, and (B) by redesignating section 1401 as 1501, and (2) by inserting after part M the following: “Part N— Grants for Closed-Circuit Televising of Testimony of Children Who Are Victims of Abuse “function of the director “Sec. 1401. The Director shall provide funds to eligible States and units of local government pursuant to this part. “description of grant program “Sec. 1402. The Director is authorized to make grants to States, for the use of States and units of local government in the States 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. “applications to receive grants “Sec. 1403. To request a grant under section 1402, the chief executive officer of a State shall submit to the Director an application at such time and in such form as the Director may require. Such application shall include— “(1) a certification that Federal funds made available under section 1402 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 proceedings for the violation of laws relating to the abuse of children; “(2) a certification that funds required to pay the non-Federal portion of the cost of equipment 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 proceedings for the violation of laws relating to the abuse of children; “(3) an assurance that the State application described in this section, and any amendment to such application, has been submitted for review to the State legislature or its designated body (for purposes of this section, 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 application or amendment is so submitted); and 104 STAT. 4811 “(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 comment thereon was provided to citizens and to neighborhood and community groups. “review of applications “Sec. 1404. (a) The Bureau shall provide financial assistance to each State applicant under section 1402 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— “(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 fiscal year shall be set aside for section 1402 and allocated to States 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 participating104 STAT. 4812 State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. “(b) (1) Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government, in such State for the purpose specified in section 1402 of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government in the preceding fiscal year for prosecution of child abuse offenses bears to the aggregate amount of funds expended by the State and all units of local government in such State in such preceding fiscal year for prosecution of child abuse offenses. “(2) Any funds not distributed to units of local government under paragraph (1) shall be available for expenditure by the State involved. “(3) For purposes of determining the distribution of funds under paragraph (1), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used. “(c) No funds allocated to a State under subsection (a) or received by a State for distribution under subsection (b) may be distributed by the Director or by the State involved for any use other than a use specified in an approved application. “(d) If the Director determines, on the basis information available to the Director during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 1402 of this title, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the Director to units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need. “reports “Sec. 1406. (a) Each State which receives a grant under this title 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 contains— “(1) a summary of the activities carried out with such grant and an assessment of the impact of such activities on meeting the needs identified in the State application submitted under section 1403 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 part, 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 title to such State for such fiscal year; and “(2) a summary of the information provided in compliance with subsection (a)(1). 104 STAT. 4813 “expenditure of grants; records “Sec. 1407. (a) A grant made under this part may not be expended for more than 75 percent of the cost of the identified uses, in the aggregate, for which such grant is received to carry out section 1402, except that in the case of funds distributed to an Indian tribe which performs law enforcement functions (as determined by the Secretary of the Interior) for any such program or project, the amount of such grant shall be equal to 100 percent of such cost. The non-Federal portion of the expenditures for such uses shall be paid in cash. “(b) Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant. “(c) (1) Each State which receives a grant under this title shall keep, and shall require units of local government which receive any part of such grant to keep, such records as the Director may require by rule to facilitate an effective audit. “(2) The Director and the Comptroller General of the United States shall have access, for the purpose of audit and examination, to any books, documents, and records of States which receive grants, and of units of local government which receive any part of a grant made under this part if, in the opinion of the Director or the Comptroller General, such books, documents, and records are related to the receipt or use of any such grant. “state office “Sec. 1408. (a) The chief executive of each participating State shall designate a State office for purposes of— “(1) preparing an application to obtain funds under section 1402 of this title; and “(2) administering funds received under this part from the Director, including receipt, review, processing, monitoring, progress and financial report review, technical assistance, grant adjustments, accounting, auditing, and fund disbursements. “(b) An office or agency performing other functions within the executive branch of a State may be designated to carry out the functions specified in subsection (a). “definitions “Sec. 1409. For purposes of this part— “(1) the term ‘child’ means an individual under the age of 18 years; and “(2) the term ‘abuse’ means physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child”. (b) Technical Amendments.— (1) Section 402(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by striking “part E” and inserting “parts E and N”. (2) Section 801(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by striking “and M” and inserting “M, and N”. (3) Section 802(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is amended by striking “or M” and inserting M, or N”. (4) Section 808 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789) is amended by striking “or 1308” and inserting “, 1308, or 1408”. 104 STAT. 4814 (5) The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended— (A) by striking the items relating to part M and sections 1301 through 1312, as added by section 1552(b)(5) of the State and Local Law Enforcement Assistance Act of 1986 (Public Law 99–570; 100 Stat. 3207–46), and (B) by striking the items relating to part N and section 1401, and inserting the following new items: “Part N—Grants for Closed-Circuit Televising of Testimony of Children Who Are Victims of Abuse “Sec. 1401. Function of Director. “Sec. 1402. Description of grant program. “Sec. 1403. Application to receive grants. “Sec. 1404. Review of applications. “Sec. 1405. Allocation and distribution of funds under formula grants. “Sec. 1406. Reports. “Sec. 1407. Expenditure of grants; records. “Sec. 1408. State office. “Sec. 1409. Definitions. “Part O—Transition—Effective Date—Repealer “Sec. 1501. Continuation of rules, authorities, and proceedings.”. (c) Authorization of Appropriations.— Section 1001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended— (1) in subsection (a)— (A) in paragraph (3) by striking “and M” and inserting “M, and N”; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: “(6) There is authorized to be appropriated $25,000,000 for each of the fiscal years 1991, 1992, and 1993 to carry out the programs under part N of this title.”; and (2) in subsection (b) by striking “and M” and inserting “M, and N”.