[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3521]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 224--PROTECTION OF WITNESSES
Sec. 3521. Witness relocation and protection
(a)(1) The Attorney General may provide for the relocation and other
protection of a witness or a potential witness for the Federal
Government or for a State government in an official proceeding
concerning an organized criminal activity or other serious offense, if
the Attorney General determines that an offense involving a crime of
violence directed at the witness with respect to that proceeding, an
offense set forth in chapter 73 of this title directed at the witness,
or a State offense that is similar in nature to either such offense, is
likely to be committed. The Attorney General may also provide for the
relocation and other protection of the immediate family of, or a person
otherwise closely associated with, such witness or potential witness if
the family or person may also be endangered on account of the
participation of the witness in the judicial proceeding.
(2) The Attorney General shall issue guidelines defining the types
of cases for which the exercise of the authority of the Attorney General
contained in paragraph (1) would be appropriate.
(3) The United States and its officers and employees shall not be
subject to any civil liability on account of any decision to provide or
not to provide protection under this chapter.
(b)(1) In connection with the protection under this chapter of a
witness, a potential witness, or an immediate family member or close
associate of a witness or potential witness, the Attorney General shall
take such action as the Attorney General determines to be necessary to
protect the person involved from bodily injury and otherwise to assure
the health, safety, and welfare of that person, including the
psychological well-being and social adjustment of that person, for as
long as, in the judgment of the Attorney General, the danger to that
person exists. The Attorney General may, by regulation--
(A) provide suitable documents to enable the person to establish
a new identity or otherwise protect the person;
(B) provide housing for the person;
(C) provide for the transportation of household furniture and
other personal property to a new residence of the person;
(D) provide to the person a payment to meet basic living
expenses, in a sum established in accordance with regulations issued
by the Attorney General, for such times as the Attorney General
determines to be warranted;
(E) assist the person in obtaining employment;
(F) provide other services necessary to assist the person in
becoming self-sustaining;
(G) disclose or refuse to disclose the identity or location of
the person relocated or protected, or any other matter concerning
the person or the program after weighing the danger such a
disclosure would pose to the person, the detriment it would cause to
the general effectiveness of the program, and the benefit it would
afford to the public or to the person seeking the disclosure, except
that the Attorney General shall, upon the request of State or local
law enforcement officials or pursuant to a court order, without
undue delay, disclose to such officials the identity, location,
criminal records, and fingerprints relating to the person relocated
or protected when the Attorney General knows or the request
indicates that the person is under investigation for or has been
arrested for or charged with an offense that is punishable by more
than one year in prison or that is a crime of violence;
(H) protect the confidentiality of the identity and location of
persons subject to registration requirements as convicted offenders
under Federal or State law, including prescribing alternative
procedures to those otherwise provided by Federal or State law for
registration and tracking of such persons; and
(I) exempt procurement for services, materials, and supplies,
and the renovation and construction of safe sites within existing
buildings from other provisions of law as may be required to
maintain the security of protective witnesses and the integrity of
the Witness Security Program.
The Attorney General shall establish an accurate, efficient, and
effective system of records concerning the criminal history of persons
provided protection under this chapter in order to provide the
information described in subparagraph (G).
(2) Deductions shall be made from any payment made to a person
pursuant to paragraph (1)(D) to satisfy obligations of that person for
family support payments pursuant to a State court order.
(3) Any person who, without the authorization of the Attorney
General, knowingly discloses any information received from the Attorney
General under paragraph (1)(G) shall be fined $5,000 or imprisoned five
years, or both.
(c) Before providing protection to any person under this chapter,
the Attorney General shall, to the extent practicable, obtain
information relating to the suitability of the person for inclusion in
the program, including the criminal history, if any, and a psychological
evaluation of, the person. The Attorney General shall also make a
written assessment in each case of the seriousness of the investigation
or case in which the person's information or testimony has been or will
be provided and the possible risk of danger to other persons and
property in the community where the person is to be relocated and shall
determine whether the need for that person's testimony outweighs the
risk of danger to the public. In assessing whether a person should be
provided protection under this chapter, the Attorney General shall
consider the person's criminal record, alternatives to providing
protection under this chapter, the possibility of securing similar
testimony from other sources, the need for protecting the person, the
relative importance of the person's testimony, results of psychological
examinations, whether providing such protection will substantially
infringe upon the relationship between a child who would be relocated in
connection with such protection and that child's parent who would not be
so relocated, and such other factors as the Attorney General considers
appropriate. The Attorney General shall not provide protection to any
person under this chapter if the risk of danger to the public, including
the potential harm to innocent victims, outweighs the need for that
person's testimony. This subsection shall not be construed to authorize
the disclosure of the written assessment made pursuant to this
subsection.
(d)(1) Before providing protection to any person under this chapter,
the Attorney General shall enter into a memorandum of understanding with
that person. Each such memorandum of understanding shall set forth the
responsibilities of that person, including--
(A) the agreement of the person, if a witness or potential
witness, to testify in and provide information to all appropriate
law enforcement officials concerning all appropriate proceedings;
(B) the agreement of the person not to commit any crime;
(C) the agreement of the person to take all necessary steps to
avoid detection by others of the facts concerning the protection
provided to that person under this chapter;
(D) the agreement of the person to comply with legal obligations
and civil judgments against that person;
(E) the agreement of the person to cooperate with all reasonable
requests of officers and employees of the Government who are
providing protection under this chapter;
(F) the agreement of the person to designate another person to
act as agent for the service of process;
(G) the agreement of the person to make a sworn statement of all
outstanding legal obligations, including obligations concerning
child custody and visitation;
(H) the agreement of the person to disclose any probation or
parole responsibilities, and if the person is on probation or parole
under State law, to consent to Federal supervision in accordance
with section 3522 of this title; and
(I) the agreement of the person to regularly inform the
appropriate program official of the activities and current address
of such person.
Each such memorandum of understanding shall also set forth the
protection which the Attorney General has determined will be provided to
the person under this chapter, and the procedures to be followed in the
case of a breach of the memorandum of understanding, as such procedures
are established by the Attorney General. Such procedures shall include a
procedure for filing and resolution of grievances of persons provided
protection under this chapter regarding the administration of the
program. This procedure shall include the opportunity for resolution of
a grievance by a person who was not involved in the case.
(2) The Attorney General shall enter into a separate memorandum of
understanding pursuant to this subsection with each person protected
under this chapter who is eighteen years of age or older. The memorandum
of understanding shall be signed by the Attorney General and the person
protected.
(3) The Attorney General may delegate the responsibility initially
to authorize protection under this chapter only to the Deputy Attorney
General, to the Associate Attorney General, to the Assistant Attorney
General in charge of the Criminal Division of the Department of Justice,
to the Assistant Attorney General in charge of the Civil Rights Division
of the Department of Justice (insofar as the delegation relates to a
criminal civil rights case), and to one other officer or employee of the
Department of Justice.
(e) If the Attorney General determines that harm to a person for
whom protection may be provided under section 3521 of this title is
imminent or that failure to provide immediate protection would otherwise
seriously jeopardize an ongoing investigation, the Attorney General may
provide temporary protection to such person under this chapter before
making the written assessment and determination required by subsection
(c) of this section or entering into the memorandum of understanding
required by subsection (d) of this section. In such a case the Attorney
General shall make such assessment and determination and enter into such
memorandum of understanding without undue delay after the protection is
initiated.
(f) The Attorney General may terminate the protection provided under
this chapter to any person who substantially breaches the memorandum of
understanding entered into between the Attorney General and that person
pursuant to subsection (d), or who provides false information concerning
the memorandum of understanding or the circumstances pursuant to which
the person was provided protection under this chapter, including
information with respect to the nature and circumstances concerning
child custody and visitation. Before terminating such protection, the
Attorney General shall send notice to the person involved of the
termination of the protection provided under this chapter and the
reasons for the termination. The decision of the Attorney General to
terminate such protection shall not be subject to judicial review.
(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.
2153; amended Pub. L. 101-647, title XXXV, Sec. 3582, Nov. 29, 1990, 104
Stat. 4929; Pub. L. 105-119, title I, Sec. 115(a)(9), Nov. 26, 1997, 111
Stat. 2467.)
Amendments
1997--Subsec. (b)(1)(H), (I). Pub. L. 105-119 added subpar. (H) and
redesignated former subpar. (H) as (I).
1990--Subsec. (b)(1). Pub. L. 101-647, Sec. 3582(1), inserted
``(G)'' after ``subparagraph'' in last sentence.
Subsec. (d)(3). Pub. L. 101-647, Sec. 3582(2), inserted ``the''
before ``Civil Rights Division''.
Effective Date
Section 1210 of subpart A (Secs. 1207-1210) of
