[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 37 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 37

 To require the Attorney General to make competitive grants to State, 
    tribal, and local governments to establish and maintain witness 
                  protection and assistance programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 3), 2023

  Mr. Cardin introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Attorney General to make competitive grants to State, 
    tribal, and local governments to establish and maintain witness 
                  protection and assistance programs.

    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 Security and Protection 
Grant Program Act of 2023''.

SEC. 2. WITNESS PROTECTION GRANT PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``applicant'' means a State, tribal, or local 
        government that applies for a grant under this section; and
            (2) the terms ``serious drug offense'' and ``serious 
        violent felony'' have the meanings given the terms in section 
        3559(c) of title 18, United States Code.
    (b) Grants Required.--Subject to subsection (j), the Attorney 
General shall make competitive grants to State, tribal, and local 
governments to establish or maintain programs that provide protection 
or assistance to witnesses in court proceedings involving--
            (1) a homicide, serious violent felony, or serious drug 
        offense; or
            (2) gangs or organized crime.
    (c) Criteria.--In making grants under this section, the Attorney 
General shall evaluate applicants based upon the following:
            (1) The extent to which the applicant lacks infrastructure 
        to support programs that provide protection or assistance to 
        witnesses.
            (2) The prevalence of witness intimidation in the 
        jurisdiction of the applicant.
            (3) The percentage 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 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) Any other criteria that the Attorney General determines 
        appropriate.
    (d) Technical Assistance.--From amounts made available under 
subsection (j) 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 the recipient to the extent the Attorney 
General determines technical assistance is needed to establish or 
maintain a program that provides protection or assistance to witnesses.
    (e) Best Practices.--
            (1) Report.--A 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 the 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 State, tribal, and local 
        governments 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 the Attorney General 
                determines necessary.
            (3) Dissemination to states.--Not later than 1 year after 
        developing best practice models under paragraph (2), the 
        Attorney General shall disseminate the models to State, tribal, 
        and local governments.
            (4) Sense of congress.--It is the sense of Congress that 
        State, tribal, and local governments should use the best 
        practice models developed and disseminated under this 
        subsection to evaluate, improve, and develop witness protection 
        or witness assistance programs as appropriate.
            (5) Rule of construction relating to sensitive 
        information.--Nothing in this section shall be construed to 
        require the dissemination of any information that the Attorney 
        General determines--
                    (A) is law enforcement sensitive and should only be 
                disclosed within the law enforcement community; or
                    (B) poses a threat to national security.
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a program 
        carried out using a grant made under this section shall be not 
        more than 75 percent.
            (2) In-kind contributions.--
                    (A) In general.--Subject to subparagraph (B), the 
                non-Federal share for a program carried out using a 
                grant made under this section may be 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 program carried out 
                using a grant made under this section may be in the 
                form of in-kind contributions.
    (g) Administrative Costs.--Of amounts made available to carry out 
this section for a fiscal year, the Attorney General may use not more 
than 5 percent for administrative costs.
    (h) Geographic Distribution.--In making grants under this section, 
the Attorney General shall--
            (1) to the extent reasonable and practical, ensure an 
        equitable geographical distribution throughout the United 
        States of programs that provide protection or assistance to 
        witnesses; and
            (2) give due consideration to applicants from both urban 
        and rural areas.
    (i) Report to Congress.--The Attorney General shall submit a report 
to Congress--
            (1) not later than 1 year after the date of enactment of 
        this Act, on the implementation of this section, including any 
        information on programs funded by grants made under this 
        section; and
            (2) not later than 5 years after the date of enactment of 
        this Act, on the programs funded by grants made under this 
        section, including on best practice models developed under 
        subsection (e)(2).
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for each of fiscal 
years 2023 through 2027.
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