IB Union Calendar No. 70 111th CONGRESS 1st Session H. R. 1741 [Report No. 111–138] IN THE HOUSE OF REPRESENTATIVES March 26, 2009 Mr. Cummings (for himself, Ms. Lee of California, Mr. McDermott, Mr. Van Hollen, Mr. Sestak, and Ms. Bordallo) introduced the following bill; which was referred to the Committee on the Judiciary June 8, 2009 Additional sponsors: Mr. Conyers, Ms. Jackson-Lee of Texas, Mr. Payne, Mr. Fattah, Mr. Cohen, Mr. Grijalva, Mr. Pierluisi, and Mr. Poe of Texas June 8, 2009 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 26, 2009 A BILL To require the Attorney General to make competitive grants to eligible State, tribal, and local prosecutors to establish and maintain certain protection and witness assistance programs.

1.

Short title

This Act may be cited as the Witness Security and Protection Grant Program Act of 2009.

2.

Establishment of witness protection grant program

(a)

In general

The Attorney General shall make competitive grants to eligible State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in court proceedings involving homicide, or involving a serious violent felony or serious drug offense as defined in section 3559(c)(2) of title 18, United States Code. The Attorney General shall ensure that, to the extent reasonable and practical, such grants are made to achieve an equitable geographical distribution of such programs throughout the United States. (b)

State defined

For purposes of this Act, the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.

3.

Use of grants

A grant made under section 2 may be used only to pay all or part of the cost of the program for which such grant is made.

4.

Priority

In making grants under section 2, the Attorney General shall give priority to applications submitted under section 5 involving programs in States with an average of not less than 100 murders per year during the most recent 5-year period, as calculated using the latest available crime statistics from the Federal Bureau of Investigation.

5.

Application

To be eligible for a grant under section 2, a State, tribal, or local government shall submit to the Office of Justice Programs an application in such form and manner, at such time, and accompanied by such information as the Attorney General specifies.

6.

Technical assistance

From amounts made available to carry out this Act, the Attorney General, upon request of a recipient of a grant under section 2, shall provide technical assistance to such recipient to the extent the Attorney General determines such technical assistance is needed to establish or maintain a program described in such section.

7.

Best practices

(a)

Report

Each recipient of a grant under section 2 shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to such grant, including policies and procedures under the program. (b)

Development of Best Practices

Based on the reports submitted under subsection (a), the Attorney General shall develop best practice models to assist States and other relevant entities in addressing— (1)witness safety; (2)short-term and permanent witness relocation; (3)financial and housing assistance; and (4)any other services related to witness protection or assistance that are determined by the Attorney General to be necessary. (c)

Dissemination to States

Not later than 1 year after the development of best practice models under subsection (b), the Attorney General shall disseminate to States and other relevant entities such models. (d)

Sense of Congress

It is the sense of Congress that States and other relevant entities should use the best practice models developed and disseminated in accordance with this Act to evaluate, improve, and develop witness protection or witness assistance as appropriate. (e)

Clarification

Nothing in this Act requires the dissemination of any information if the Attorney General determines such information is law enforcement sensitive and should only be disclosed within the law enforcement community or that such information poses a threat to national security.

8.

Report to congress

Not later than December 31, 2015, the Attorney General shall submit a report to Congress on the programs funded by grants awarded under section 2, including on matters specified under section 7(b).

9.

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $30,000,000 for each of the fiscal years 2010 through 2014.

Amend the title so as to read: A bill to require the Attorney General to make competitive grants to eligible State, tribal, and local governments to establish and maintain certain protection and witness assistance programs.. June 8, 2009 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed