18 U.S.C. § 3521 : US Code - Section 3521: Witness relocation and protection

Search 18 U.S.C. § 3521 : US Code - Section 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.