II 
Calendar No. 329 
111TH CONGRESS 
2D SESSION 
H. R. 1741 
IN THE SENATE OF THE UNITED STATES 
JUNE 10, 2009 
Received; read twice and referred to the Committee on the Judiciary 
MARCH 22 (legislative day, MARCH 19), 2010 
Reported by Mr. LEAHY, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
To require the Attorney General to make competitive grants 
to eligible State, tribal, and local governments to estab-
lish and maintain certain protection and witness assist-
ance programs. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. ESTABLISHMENT OF WITNESS PROTECTION GRANT 
PROGRAM. 
(a) IN GENERAL.—The Attorney General shall make 
competitive grants to eligible State, tribal, and local gov-
ernments 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 dis-
tribution 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 Com-
monwealth 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 Gen-
eral shall give priority to applications submitted under sec-
tion 5 involving programs in States with an average of 
not less than 100 murders per year during the most recent 
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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 man-
ner, 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 deter-
mines 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 sec-
tion 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 pro-
gram. 
(b) DEVELOPMENT OF BEST PRACTICES.—Based on 
the reports submitted under subsection (a), the Attorney 
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General shall develop best practice models to assist States 
and other relevant entities in addressing— 
(1) witness safety; 
(2) short-term and permanent witness reloca-
tion; 
(3) financial and housing assistance; and 
(4) any other services related to witness protec-
tion or assistance that are determined by the Attor-
ney 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 Con-
gress that States and other relevant entities should use 
the best practice models developed and disseminated in ac-
cordance 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 Gen-
eral determines such information is law enforcement sen-
sitive and should only be disclosed within the law enforce-
ment community or that such information poses a threat 
to national security. 
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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. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Witness Security and 
Protection Grant Program Act of 2010’’. 
SEC. 2. WITNESS PROTECTION GRANT PROGRAM. 
Subtitle Q of title III of the Violent Crime Control and 
Law Enforcement Act of 1994 (42. U.S.C. 13861 et seq.) 
is amended by inserting after section 31702 the following: 
‘‘SEC. 31702A. WITNESS PROTECTION GRANTS. 
‘‘(a) IN GENERAL.—Under paragraph (5) of section 
31702, 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— 
‘‘(1) court proceedings involving homicide, or in-
volving a serious violent felony or serious drug offense 
as defined in section 3559(c)(2) of title 18, United 
States Code; and 
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‘‘(2) court proceedings involving gangs or orga-
nized crime. 
‘‘(b) CRITERIA.—In determining whether need has 
been demonstrated under this section, the Attorney General 
shall evaluate applicants based upon— 
‘‘(1) lack of infrastructure to support a witness 
assistance program; 
‘‘(2) level of witness intimidation; 
‘‘(3) level of cases not prosecuted due to witness 
intimidation; 
‘‘(4) level of homicides; 
‘‘(5) level of serious violent felonies or serious 
drug offenses, as defined in section 3559 (c)(2) of title 
18, United States Code; 
‘‘(6) level of organized crime; and 
‘‘(7) other appropriate criteria as determined by 
the Attorney General. 
‘‘(c) TECHNICAL ASSISTANCE.—From amounts made 
available to carry out paragraph (5) of section 31702, the 
Attorney General, upon request of a recipient of a grant 
under this section, shall direct the appropriate offices with-
in the Department of Justice to provide technical assistance 
to such recipient to the extent the Attorney General deter-
mines such technical assistance is needed to establish or 
maintain a program described in such section. 
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‘‘(d) BEST PRACTICES.— 
‘‘(1) REPORT.—Each recipient of a grant under 
this section shall submit to the Attorney General a re-
port, 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 proce-
dures under the program. 
‘‘(2) DEVELOPMENT
OF
BEST
PRACTICES.— 
Based on the reports submitted under paragraph (1), 
the Attorney General shall develop best practice mod-
els to assist States and other relevant entities in ad-
dressing— 
‘‘(A) witness safety; 
‘‘(B) short-term and permanent witness re-
location; 
‘‘(C) financial and housing assistance; and 
‘‘(D) any other services related to witness 
protection or assistance that are determined by 
the Attorney General to be necessary. 
‘‘(3) DISSEMINATION
TO
STATES.—Not later 
than 1 year after the development of best practice 
models under paragraph (2), the Attorney General 
shall disseminate to States and other relevant entities 
such models. 
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‘‘(4) SENSE OF CONGRESS.—It is the sense of 
Congress that States and other relevant entities 
should use the best practice models developed and dis-
seminated in accordance with this section to evaluate, 
improve, and develop witness protection or witness 
assistance as appropriate. 
‘‘(5) CLARIFICATION.—Nothing in this section 
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. 
‘‘(e) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—The Federal share of the cost 
a project carried out using a grant made under this 
section shall not be more than 75 percent. 
‘‘(2) IN-KIND CONTRIBUTIONS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the non-Federal share for a project 
carried out using a grant made under this sec-
tion may be made in the form of in-kind con-
tributions that are directly related to the purpose 
for which the grant was made. 
‘‘(B) MAXIMUM
PERCENTAGE.—Not more 
than 50 percent of the non-Federal share for a 
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project carried out using a grant made under 
this section may be in the form of in-kind con-
tributions. 
‘‘(f) ADMINISTRATIVE EXPENSES.—Federal adminis-
trative costs in administering the programs funded by this 
section shall not exceed 5 percent of funds appropriated per 
fiscal year. 
‘‘(g) GEOGRAPHIC DISTRIBUTION.—The Attorney Gen-
eral shall ensure that, to the extent reasonable and prac-
tical, grants authorized by this section are made to achieve 
an equitable geographical distribution of such programs 
throughout the United States and that due consideration 
be given to applicants of rural and urban communities. 
‘‘(h) REPORT TO CONGRESS.—The Attorney General 
shall submit a report to Congress— 
‘‘(1) not later than December 31, 2012, on the 
implementation of this section and any information 
on programs funded by grants made pursuant to this 
section; and 
‘‘(2) not later than December 31, 2015, on the 
programs funded by grants awarded under this sec-
tion, including on matters specified under subsection 
(d)(2).’’. 
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Calendar No. 329 
111TH CONGRESS 
2D SESSION 
H. R. 1741 
AN ACT 
To require the Attorney General to make competi-
tive grants to eligible State, tribal, and local gov-
ernments to establish and maintain certain pro-
tection and witness assistance programs. 
MARCH 22 (legislative day, MARCH 19), 2010 
Reported with an amendment 
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