[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.