I 112th CONGRESS 1st Session H. R. 2647 IN THE HOUSE OF REPRESENTATIVES July 26, 2011 Mr. Cummings (for himself, Mr. Hastings of Florida, Mr. Rangel, Mr. Stark, Mr. Pierluisi, and Mr. Cohen) introduced the following bill; which was referred to the Committee on the Judiciary 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.

1.

Short title

This Act may be cited as the Witness Security and Protection Grant Program Act of 2011.

2.

Witness protection grant program

(a)

In general

Subject to subsection (i), 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 making grants under subsection (a), the Attorney General shall evaluate applicants based upon the following: (1)The extent to which the applicant has a lack of infrastructure to support a witness assistance program. (2)The extent to which witness intimidation is present with respect to the applicant. (3)The level of cases not prosecuted by the applicant due to witness intimidation. (4)The number of homicides per capita committed in the jurisdiction of the applicant. (5)The number of serious violent felonies or serious drug offenses, as defined in section 3559(c)(2) of title 18, United States Code, per capita committed in the jurisdiction of the applicant. (6)The extent to which organized crime is present in the jurisdiction of the applicant. (7)Other appropriate criteria as determined by the Attorney General. (c)

Technical assistance

From amounts made available under subsection (i) to carry out this section, 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 of 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 to carry out this section for a fiscal year shall not exceed 5 percent of the funds appropriated pursuant to subsection (i) for such 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, 2013, 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, 2017, on the programs funded by grants awarded under this section, including on matters specified under subsection (d)(2). (i)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2012 through 2016.