[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3376 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3376

                     To enhance witness protection.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

  Mr. Arcuri introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                     To enhance witness protection.

    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 Enhancement Act 
of 2007''.

SEC. 2. SHORT-TERM STATE WITNESS PROTECTION SECTION.

    (a) Establishment.--
            (1) In general.--Chapter 37 of title 28, United States 
        Code, is amended by adding at the end the following:
``Sec. 570. Short-Term State Witness Protection Section
    ``(a) In General.--There is established in the United States 
Marshals Service a Short-Term State Witness Protection Section which 
shall provide protection for witnesses in State and local trials 
involving homicide or other major violent crimes pursuant to 
cooperative agreements with State and local criminal prosecutor's 
offices and the United States attorney for the District of Columbia.
    ``(b) Eligibility.--
            ``(1) In general.--The Short-Term State Witness Protection 
        Section shall give priority in awarding grants and providing 
        services to--
                    ``(A) criminal prosecutor's offices for States with 
                an average of not less than 100 murders per year; and
                    ``(B) criminal prosecutor's offices for 
                jurisdictions that include a city, town, or township 
                with an average violent crime rate per 100,000 
                inhabitants that is above the national average.
            ``(2) Calculation.--The rate of murders and violent crime 
        under paragraph (1) shall be calculated using the latest 
        available crime statistics from the Federal Bureau of 
        Investigation during the 5-year period immediately preceding an 
        application for protection.''.
            (2) Chapter analysis.--The chapter analysis for chapter 37 
        of title 28, United States Code, is amended by striking the 
        items relating to sections 570 through 576 and inserting the 
        following:

``570. Short-Term State Witness Protection Section.''.
    (b) Grant Program.--
            (1) Definitions.--In this subsection--
                    (A) the term ``eligible prosecutor's office'' means 
                a State or local criminal prosecutor's office or the 
                United States attorney for the District of Columbia; 
                and
                    (B) the term ``serious violent felony'' has the 
                same meaning as in section 3559(c)(2) of title 18, 
                United States Code.
            (2) Grants authorized.--
                    (A) In general.--The Attorney General is authorized 
                to make grants to eligible prosecutor's offices for 
                purposes of identifying witnesses in need of protection 
                or providing short-term protection to witnesses in 
                trials involving homicide or serious violent felony.
                    (B) Allocation.--Each eligible prosecutor's office 
                receiving a grant under this subsection may--
                            (i) use the grant to identify witnesses in 
                        need of protection or provide witness 
                        protection (including tattoo removal services); 
                        or
                            (ii) pursuant to a cooperative agreement 
                        with the Short-Term State Witness Protection 
                        Section of the United States Marshals Service, 
                        credit the grant to the Short-Term State 
                        Witness Protection Section to cover the costs 
                        to the section of providing witness protection 
                        on behalf of the eligible prosecutor's office.
            (3) Application.--
                    (A) In general.--Each eligible prosecutor's office 
                desiring a grant under this subsection shall submit an 
                application to the Attorney General at such time, in 
                such manner, and accompanied by such information as the 
                Attorney General may reasonably require.
                    (B) Contents.--Each application submitted under 
                subparagraph (A) shall--
                            (i) describe the activities for which 
                        assistance under this subsection is sought; and
                            (ii) provide such additional assurances as 
                        the Attorney General determines to be essential 
                        to ensure compliance with the requirements of 
                        this subsection.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $90,000,000 for 
        each of fiscal years 2008 through 2010.

SEC. 3. WITNESS PROTECTION SERVICES.

    Section 3526 of title 18, United States Code (Cooperation of other 
Federal agencies and State governments; reimbursement of expenses) is 
amended by adding at the end the following:
    ``(c) In any case in which a State government requests the Attorney 
General to provide temporary protection under section 3521(e) of this 
title, the costs of providing temporary protection are not reimbursable 
if the investigation or prosecution in any way relates to crimes of 
violence committed by a criminal street gang, as defined under the laws 
of the relevant State seeking assistance under this title.''.

SEC. 4. EXPANSION OF FEDERAL WITNESS RELOCATION AND PROTECTION PROGRAM.

    Section 3521(a)(1) of title 18, United States Code, is amended by 
inserting ``, criminal street gang, serious drug offense, homicide,'' 
after ``organized criminal activity''.
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