18 USC 3521: Witness security information

            
 
          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 any Assistant Attorney 
General in charge of the Criminal Division or National Security 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; Pub. L. 109-177, title V, Sec. 506(a)(7), Mar. 9, 2006, 120 
Stat. 248.)
                               Amendments

    2006--Subsec. (d)(3). Pub. L. 109-177 substituted ``to any Assistant 
Attorney General in charge of the Criminal Division or National Security 
Division of the Department of Justice'' for ``to the Assistant Attorney 
General in charge of the Criminal Division of the Department of 
Justice''.
    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 part F of chapter 
XII of title II of Pub. L. 98-473 provided that: ``This subpart and the 
amendments made by this subpart [see Short Title note below] shall take 
effect on October 1, 1984.''
                               Short Title

    Section 1207 of subpart A (Secs. 1207-1210) of part F of chapter 
XII of title II of Pub. L. 98-473 provided that: ``This subpart 
[enacting this chapter, repealing provisions set out as a note preceding 
section 3481 of this title, and enacting provisions set out as a note 
under this section] may be cited as the `Witness Security Reform Act of 
1984'.''