To establish within the United States Marshalls Service a short term State witness protection program to provide assistance to State and local district attorneys to protect their witnesses in homicide and major violent crime cases and to provide Federal grants for such protection.

December 9, 2003

Mr. SCHUMER (for himself, Mr. HATCH, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To establish within the United States Marshalls Service a short term State witness protection program to provide assistance to State and local district attorneys to protect their witnesses in homicide and major violent crime cases and to provide Federal grants for such protection.

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 Act of 2003'.

SEC. 2. SHORT TERM STATE WITNESS PROTECTION SECTION.

(a) IN GENERAL- Chapter 37 of title 28, United States Code, is amended by adding at the end the following:

`Sec. 570. Short Term State Witness Protection Section

`(a) IN GENERAL- There is established in the United States Marshalls Service a Short Term State Witness Protection Section which shall provide protection for witnesses in State and local trials involving homicide or other major violent crimes pursuant to cooperative agreements with State and local district attorneys and the United States attorney for the District of Columbia.

`(b) ELIGIBILITY- The Short Term State Witness Protection Section shall give priority in awarding grants and providing services to prosecutor's offices in States with an average of not less than 100 murders per year during the 5-year period immediately preceding an application for protection, as calculated using the latest available crime statistics from the Federal Bureau of Investigation.'.

(b) CHAPTER ANALYSIS- The chapter analysis for chapter 37 of title 28, United States Code, is amended by striking the items for sections 570 through 576 and inserting the following:

`570. Short Term State Witness Protection Section.'.

SEC. 3. GRANT PROGRAM.

(a) GRANTS AUTHORIZED-

(1) IN GENERAL- The Attorney General is authorized to make grants to State and local district attorneys and the United States attorney for the District of Columbia for the purpose of providing short term protection to witnesses in trials involving homicide or serious violent felony (as defined in section 3559(c)(2) of title 18, United States Code.

(2) ALLOCATION- Each district attorney receiving a grant under this section may either--

(A) use the grant to provide witness protection; or

(B) pursuant to a cooperative agreement with the Short Term State Witness Protection Section of the United States Marshalls Service, credit the grant to the Short Term State Witness Protection Section to cover the costs to the section of providing witness protection on behalf of the district attorney.

(3) ELIGIBILITY- Grants under this section may only be awarded 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.

(b) APPLICATION-

(1) IN GENERAL- Each eligible district attorney desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.

(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--

(A) describe the activities for which assistance under this section is sought; and

(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $90,000,000 for each of the fiscal years 2005, 2006, and 2007.

END