HR 1741

HR 1741 IH

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.

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

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.

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 2009’.

SEC. 2. ESTABLISHMENT OF WITNESS PROTECTION GRANT PROGRAM.

(a) In General- The Attorney General shall make competitive grants to eligible State, tribal, and local prosecutors 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, Tribal, and Local Prosecutors Defined- For purposes of this Act, the term ‘State, tribal, or local prosecutor’ means any district attorney, county attorney, tribal attorney, or attorney general of a State or territory, or the United States attorney for the District of Columbia.

SEC. 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.

SEC. 4. PRIORITY.

In making grants under section 2, the Attorney General shall give priority to applications submitted under section 5 involving programs in the District of Columbia or 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.

SEC. 5. APPLICATION.

To be eligible for a grant under section 2, a State, tribal, or local prosecutor 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.

SEC. 6. TECHNICAL ASSISTANCE.

(a) In General- From amounts made available to carry out this Act, the United States Marshals Service shall, upon request of the Attorney General, provide technical assistance to an entity receiving a grant under this Act for a program to the extent such technical assistance is needed to carry out such program.

(b) Grantee Requests- For purposes of subsection (a), the Attorney General shall submit to the United States Marshals Service a request for technical assistance, with respect to an entity receiving a grant under this Act, if such entity submits to the Attorney General a request for such assistance. The Attorney General shall submit such request to the United States Marshals Service, with respect to such entity, not later than 45 days after the date on which the Attorney General receives a request from such entity for such technical assistance.

SEC. 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 deemed by the Attorney General to be a security risk.

SEC. 8. REPORT TO CONGRESS.

Not later than December 31, 2014, 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).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act such sums as are necessary for each of the fiscal years 2009 through 2013.