[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2181 Referred in Senate (RFS)]







105th CONGRESS
  2d Session
                                H. R. 2181


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 1998

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To ensure the safety of witnesses and to promote notification of the 
interstate relocation of witnesses by States and localities engaging in 
                that relocation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Witness Protection and Interstate 
Relocation Act of 1997''.

       TITLE I--GANG-RELATED WITNESS INTIMIDATION AND RETALIATION

SEC. 101. INTERSTATE TRAVEL TO ENGAGE IN WITNESS INTIMIDATION OR 
              OBSTRUCTION OF JUSTICE.

    Section 1952 of title 18, United States Code, is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Whoever travels in interstate or foreign commerce with intent 
by bribery, force, intimidation, or threat, directed against any 
person, to delay or influence the testimony of or prevent from 
testifying a witness in a State criminal proceeding or by any such 
means to cause any person to destroy, alter, or conceal a record, 
document, or other object, with intent to impair the object's integrity 
or availability for use in such a proceeding, and thereafter engages or 
endeavors to engage in such conduct, shall be fined under this title or 
imprisoned not more than 10 years, or both; and if serious bodily 
injury (as defined in section 1365 of this title) results, shall be so 
fined or imprisoned for not more than 20 years, or both; and if death 
results, shall be so fined and imprisoned for any term of years or for 
life, or both, and may be sentenced to death.''.

SEC. 102. CONSPIRACY PENALTY FOR OBSTRUCTION OF JUSTICE OFFENSES 
              INVOLVING VICTIMS, WITNESSES, AND INFORMANTS.

    Section 1512 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Whoever conspires to commit any offense defined in this 
section or section 1513 of this title shall be subject to the same 
penalties as those prescribed for the offense the commission of which 
was the object of the conspiracy.''.

                TITLE II--WITNESS RELOCATION AND SAFETY

SEC. 201. WITNESS RELOCATION SURVEY AND TRAINING PROGRAM.

    (a) Survey.--The Attorney General shall survey all State and 
selected local witness protection and relocation programs to determine 
the extent and nature of such programs and the training needs of those 
programs. Not later than 270 days after the date of the enactment of 
this section, the Attorney General shall report the results of this 
survey to Congress.
    (b) Training.--Based on the results of such survey, the Attorney 
General shall make available to State and local law enforcement 
agencies training to assist those law enforcement agencies in 
developing and managing witness protection and relocation programs.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsections (a) and (b) for fiscal year 1998 
not to exceed $500,000.

SEC. 202. FEDERAL-STATE COORDINATION AND COOPERATION REGARDING 
              NOTIFICATION OF INTERSTATE WITNESS RELOCATION.

    (a) Attorney General To Promote Interstate Coordination.--The 
Attorney General shall engage in activities, including the 
establishment of a model Memorandum of Understanding under subsection 
(b), which promote coordination among State and local witness 
interstate relocation programs.
    (b) Model Memorandum of Understanding.--The Attorney General shall 
establish a model Memorandum of Understanding for States and localities 
that engage in interstate witness relocation. Such a model Memorandum 
of Understanding shall include a requirement that notice be provided to 
the jurisdiction to which the relocation has been made by the State or 
local law enforcement agency that relocates a witness to another State 
who has been arrested for or convicted of a crime of violence as 
described in section 16 of title 18, United States Code.
    (c) Byrne Grant Assistance.--The Attorney General is authorized to 
expend up to 10 percent of the total amount appropriated under section 
511 of subpart 2 of part E of the Omnibus Crime Control and Safe 
Streets Act of 1968 for purposes of making grants pursuant to section 
510 of that Act to those jurisdictions that have interstate witness 
relocation programs and that have substantially followed the model 
Memorandum of Understanding.
    (d) Guidelines and Determination of Eligibility.--The Attorney 
General shall establish guidelines relating to the implementation of 
subsection (c) and shall determine, consistent with such guidelines, 
which jurisdictions are eligible for grants under subsection (c).

SEC. 203. BYRNE GRANTS.

    Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended--
            (1) by striking ``and'' at the end of paragraph (25);
            (2) by striking the period at the end paragraph (26) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(27) developing and maintaining witness security and 
        relocation programs, including providing training of personnel 
        in the effective management of such programs.''.

SEC. 204. DEFINITION.

    As used in this title, the term ``State'' includes the District of 
Columbia, Puerto Rico, and any other commonwealth, territory, or 
possession of the United States.

            Passed the House of Representatives February 25, 1998.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.