```

[House Report 111-138]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-138

======================================================================

 
       WITNESS SECURITY AND PROTECTION GRANT PROGRAM ACT OF 2009

                                _______
                                

  June 8, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1741]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 1741) 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, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
The Amendments...................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     6
Constitutional Authority Statement...............................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6

                             The Amendments

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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 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.

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 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 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.

SEC. 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.

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 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.

SEC. 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).

SEC. 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.

                          Purpose and Summary

    H.R. 1741, the Witness Protection and Security Act of 2009, 
will authorize the Attorney General to provide grants to local 
jurisdictions to implement and maintain witness security 
programs. With enhanced security measures, witnesses will be 
more likely to cooperate with police and prosecutors in 
identifying criminals and testifying against them. The 
resulting increased cooperation between citizens and public 
safety officials will improve the quality of life in 
neighborhoods around the Nation.

                Background and Need for the Legislation

    H.R. 1741, the Witness Protection and Security Act of 2009, 
directs the Attorney General to provide grants to State and 
local prosecutors for establishing and maintaining witness 
security programs to combat witness intimidation. Witness 
intimidation can prevent the discovery of critical evidence, 
reduce public confidence in the criminal justice system, and 
create the perception that the criminal justice system cannot 
protect citizens.
    According to a 2006 COPS report, ``small-scale studies and 
surveys of police and prosecutors suggest that witness 
intimidation is pervasive and increasing.''\1\ For example, the 
report reveals that in a study of Bronx County, New York 
criminal courts, 36% of witnesses had been directly threatened, 
and 57% of those who were not directly threatened still feared 
reprisals.\2\ The report also found that prosecutors believe 
that witness intimidation plays a role in 75% to 100% of 
violent crime committed in gang-controlled neighborhoods.
---------------------------------------------------------------------------
    \1\``Witness Intimidation'' by Kelly Dedel, at p 5, available at 
http://www.cops.usdoj.gov/files/RIC/Publications/e07063407.pdf
    \2\Id.
---------------------------------------------------------------------------
    It is hard to quantify the prevalence of witness 
intimidation for several reasons, including:

         Lcrime is under-reported for reasons not 
        related to witness intimidation;

         Lin some cases where a witness is successfully 
        intimidated, neither the crime nor the intimidation is 
        reported;

         Lvictimization surveys and interviews with 
        witnesses whose cases go to trial only capture 
        information from a subset of witnesses; and

         Lthere has been no empirical research on the 
        scope or specific characteristics of community-wide 
        intimidation.\3\
---------------------------------------------------------------------------
    \3\Id.

    A 2007 report from the National Center for Victims of Crime 
presented data from surveys and interviews of youths in 
Massachusetts, with a focus on topics related to gangs and 
violence. The report found that 38% of respondents reported 
hearing about threats against schoolmates, and 28% reported 
hearing about threats made against neighbors who reported gang 
crime.\4\ Of the respondents who had reported a gang crime, 12% 
reported receiving a threat because they had reported the 
crime.\5\ The threats were most commonly made through face-to-
face contacts, followed by telephone calls.\6\ Threats were 
also delivered though notes, online, by stalking the person who 
reported the crime, vandalizing their property, or socially 
isolating them.\7\
---------------------------------------------------------------------------
    \4\Snitches Get Stitches, Youth, Gangs, and Witness Intimidation in 
Massachusetts, at p 23, available at www.NVC.org
    \5\Id.
    \6\Id.
    \7\Id.
---------------------------------------------------------------------------

                                Hearings

    The Committee held no hearings on H.R. 1741 in the 111th 
Congress.

                        Committee Consideration

    On May 20, 2009, the Committee met in open session and 
ordered the bill H.R. 1741 favorably reported with an 
amendment, by voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 1741.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
bill authorizes such sums as may be necessary for each of the 
fiscal years 2009 through 2014.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill H.R. 1741, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 21, 2009.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1741, the Witness 
Security and Protection Grant Program Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 1741--Witness Security and Protection Grant Program Act of 2009.

                                SUMMARY

    H.R. 1741 would authorize the appropriation of $30 million 
for each of fiscal years 2010 through 2014 for the Department 
of Justice to make grants to state, local, and tribal 
governments for programs to protect witnesses in certain court 
proceedings. Assuming appropriation of the authorized amounts, 
CBO estimates that implementing the bill would cost $100 
million over the 2010-2014 period, with an additional $50 
million spent after 2014. Enacting the bill would not affect 
direct spending and revenues.
    H.R. 1741 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 1741 is shown in the 
following table. CBO assumes that the amounts authorized by the 
bill will be appropriated by the start of each fiscal year and 
that outlays will follow the historical rate of spending for 
similar activities. The costs of this legislation fall within 
budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                     2010   2011   2012   2013   2014  2010-2014
----------------------------------------------------------------------------------------------------------------

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level                                                    30     30     30     30     30       150

Estimated Outlays                                                       7     15     22     26     30       100
----------------------------------------------------------------------------------------------------------------

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 1741 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on state, 
local, or tribal governments. Assuming appropriation of 
authorized amounts, states would receive about $100 million 
over the 2010-2014 period to provide protection or assistance 
to witnesses in court proceedings. Any costs to those 
governments would be incurred voluntarily as a condition of 
receiving assistance.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Marin Randall

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1741 is intended to increase the public safety around the 
Nation by providing grants to local jurisdictions for witness 
security programs so that citizens will be encouraged to 
cooperate with law enforcement in identifying and testifying 
against criminals without threat of recrimination.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause18 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1741 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short Title. Section 1 sets forth the short title 
of the bill as the ``Witness Security and Protection Act of 
2009.''
    Sec. 2. Establishment of Witness Protection Grant Program. 
Section 2 establishes a grant program for assisting States and 
local governments to establish and or maintain their witness 
security programs. It directs the Attorney General to make 
competitive grants to State and local prosecutors for 
establishing or maintaining witness security programs for 
witnesses in court proceedings involving homicide or other 
dangerous felonies.
    Sec. 3. Use of Grants. Section 3 authorizes the grantee to 
use the grant to pay for all or part of the witness security 
program.
    Sec. 4. Priority. Section 4 requires the Attorney General 
to give priority in awarding grants under section 2 to 
prosecutor's offices in States with an average of not less than 
100 murders per year for the most recent 5-year period, as 
calculated using the latest available crime statistics from the 
Federal Bureau of Investigation
    Sec. 5. Application. Section 5 requires a State, tribal, or 
local government, to be eligible for a grant under section 2, 
to submit its application in such form and manner, at such 
time, and accompanied by such information as the Attorney 
General specifies.
    Sec. 6. Technical Assistance. Section 6 directs the United 
States Marshals Service (USMS) to provide technical assistance 
as necessary and to help grant recipients who so request carry 
out their witness security programs. This section requires the 
grant applicant to submit any request for assistance though the 
Attorney General, who must request the USMS to provide such 
assistance, which the USMS must provide pursuant to such 
request.
    Sec. 7. Best Practices. This section requires grant 
recipients under section 2 to report such information as 
required by the Attorney General to enable him to evaluate the 
recipient's program. Based on this information, the Attorney 
General must develop a best practices model for dissemination 
to the States to aid in establishing and maintaining a witness 
security program. Such best practices model must be available 
to the States within 1 year of the development of the best 
practices model. This section also clarifies that the Act does 
not require dissemination of any information in a manner deemed 
by the Attorney General to have the potential to place the 
security of a witness at risk or to reveal law-enforcement-
sensitive information regarding methods of protecting 
witnesses.
    Sec. 8. Report to Congress. Section 8 directs the Attorney 
General to submit a report to Congress regarding the programs 
funded under section 2 and regarding the information required 
under section 7, by December 31, 2014.
    Sec. 9. Authorization of Appropriations. Section 9 
authorizes such sums as may be necessary to carry out the 
program under the bill for Fiscal Years 2009 through 2014.

                                  

```