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: 


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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). 


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1 ‘‘Witness Intimidation’’ by Kelly Dedel, at p 5, available at http://www.cops.usdoj.gov/files/ 

RIC/Publications/e07063407.pdf 2 Id. 

3 Id. 

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. 

It is hard to quantify the prevalence of witness intimidation for 

several reasons, including: 

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

• in some cases where a witness is successfully intimidated, 

neither the crime nor the intimidation is reported; 

• victimization surveys and interviews with witnesses whose 

cases go to trial only capture information from a subset of 

witnesses; and 

• there has been no empirical research on the scope or specific 

characteristics of community-wide intimidation.3

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 reVerDate Nov 24 2008 22:28 Jun 08, 2009 Jkt 079006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6601 E:\HR\OC\HR138.XXX HR138

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4Snitches Get Stitches, Youth, Gangs, and Witness Intimidation in Massachusetts, at p 23, 

available at www.NVC.org 5 Id. 

6 Id. 

7 Id. 

port 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

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: 


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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 


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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 


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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-enforcementsensitive 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. 

Æ 


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