II Calendar No. 329 111th CONGRESS 2d Session H. R. 1741 IN THE SENATE OF THE UNITED STATES June 10, 2009 Received; read twice and referred to the Committee on the Judiciary March 22 (legislative day, March 19), 2010 Reported by Mr. Leahy, with an amendment Strike out all after the enacting clause and insert the part printed in italic AN ACT 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.
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.
1.
Short title
This Act may be cited as the Witness Security and Protection Grant Program Act of 2010.
2.
Witness protection grant program
Subtitle Q of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42. U.S.C. 13861 et seq.) is amended by inserting after section 31702 the following:
31702A.
Witness protection grants
(a)
In general
Under paragraph (5) of section 31702, 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— (1)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; and (2)court proceedings involving gangs or organized crime. (b)
Criteria
In determining whether need has been demonstrated under this section, the Attorney General shall evaluate applicants based upon— (1)lack of infrastructure to support a witness assistance program; (2)level of witness intimidation; (3)level of cases not prosecuted due to witness intimidation; (4)level of homicides; (5)level of serious violent felonies or serious drug offenses, as defined in section 3559 (c)(2) of title 18, United States Code; (6)level of organized crime; and (7)other appropriate criteria as determined by the Attorney General. (c)
Technical assistance
From amounts made available to carry out paragraph (5) of section 31702, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to 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. (d)
Best practices
(1)
Report
Each recipient of a grant under this section 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. (2)
Development of Best Practices
Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist States and other relevant entities in addressing— (A)witness safety; (B)short-term and permanent witness relocation; (C)financial and housing assistance; and (D)any other services related to witness protection or assistance that are determined by the Attorney General to be necessary. (3)
Dissemination to States
Not later than 1 year after the development of best practice models under paragraph (2), the Attorney General shall disseminate to States and other relevant entities such models. (4)
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 section to evaluate, improve, and develop witness protection or witness assistance as appropriate. (5)
Clarification
Nothing in this section 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. (e)
Federal share
(1)
In general
The Federal share of the cost a project carried out using a grant made under this section shall not be more than 75 percent. (2)
In-kind contributions
(A)
In general
Subject to subparagraph (B), the non-Federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B)
Maximum percentage
Not more than 50 percent of the non-Federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions. (f)
Administrative expenses
Federal administrative costs in administering the programs funded by this section shall not exceed 5 percent of funds appropriated per fiscal year. (g)
Geographic distribution
The Attorney General shall ensure that, to the extent reasonable and practical, grants authorized by this section are made to achieve an equitable geographical distribution of such programs throughout the United States and that due consideration be given to applicants of rural and urban communities. (h)
Report to congress
The Attorney General shall submit a report to Congress— (1)not later than December 31, 2012, on the implementation of this section and any information on programs funded by grants made pursuant to this section; and (2)not later than December 31, 2015, on the programs funded by grants awarded under this section, including on matters specified under subsection (d)(2).
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March 22 (legislative day, March 19), 2010 Reported with an amendment