I 
109TH CONGRESS 
1ST SESSION 
H. R. 908
To establish within the United States Marshals Service a short term State 
witness protection program to provide assistance to State and local 
district attorneys to protect their witnesses in cases involving homicide, 
serious violent felonies, and serious drug offenses, and to provide Federal 
grants for such protection. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005
Mr. CUMMINGS introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To establish within the United States Marshals Service a 
short term State witness protection program to provide 
assistance to State and local district attorneys to protect 
their witnesses in cases involving homicide, serious vio-
lent felonies, and serious drug offenses, and to provide 
Federal grants for such protection.
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 Act of 2005’’.
SEC. 2. SHORT TERM STATE WITNESS PROTECTION SEC-
TION. 
(a) IN GENERAL.—Chapter 37 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 570. Short Term State Witness Protection Section 
‘‘(a) IN GENERAL.—There is established in the 
United States Marshals Service a Short Term State Wit-
ness Protection Section which shall provide protection for 
witnesses in State and local trials involving homicide, or 
involving a serious violent felony or serious drug offense 
(as those terms are defined in section 3559(c)(2) of title 
18), pursuant to cooperative agreements with State and 
local district attorneys and the United States attorney for 
the District of Columbia. 
‘‘(b) ELIGIBILITY.—The Section shall give priority in 
awarding grants and providing services to prosecutor’s of-
fices in States with an average of not less than 100 mur-
ders per year during the 5-year period immediately pre-
ceding an application for protection, as calculated using 
the latest available crime statistics from the Federal Bu-
reau 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 au-
thorized 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 involving a serious violent felony or se-
rious drug offense (as those terms are defined in 
section 3559(c)(2) of title 18, United States Code). 
(2) ALLOCATION.—Each district attorney re-
ceiving a grant under this section may either—
(A) use the grant to provide witness pro-
tection; or 
(B) pursuant to a cooperative agreement 
with the Short Term State Witness Protection 
Section of the United States Marshals Service, 
credit the grant to the Short Term State Wit-
ness 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 attor-
ney desiring a grant under this section shall submit 
an application to the Attorney General at such time, 
in such manner, and accompanied by such informa-
tion as the Attorney General may reasonably re-
quire. 
(2) CONTENTS.—Each application submitted 
pursuant to paragraph (1) shall—
(A) describe the activities for which assist-
ance 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.
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