US (United States) Code. Title 18. Chapter 224: Protection of witnesses

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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publicidad

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18 USC CHAPTER 224 - PROTECTION OF WITNESSES 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

.

-HEAD-

CHAPTER 224 - PROTECTION OF WITNESSES

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Sec.

3521. Witness relocation and protection.

3522. Probationers and parolees.

3523. Civil judgments.

3524. Child custody arrangements.

3525. Victims Compensation Fund.

3526. Cooperation of other Federal agencies and State governments;

reimbursement of expenses.

3527. Additional authority of Attorney General.

3528. Definition.

AMENDMENTS

1990 - Pub. L. 101-647, title XXXV, Sec. 3581, Nov. 29, 1990, 104

Stat. 4929, substituted ''State governments; reimbursement of

expenses'' for ''State governments'' in item 3526.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1028, 1029, 1594, 3076,

4042 of this title; title 8 section 1324c.

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18 USC Sec. 3521 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3521. Witness relocation and protection

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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 (Sec. 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 (Sec. 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'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2516, 3522 of this title;

title 8 section 1226.

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18 USC Sec. 3522 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3522. Probationers and parolees

-STATUTE-

(a) A probation officer may, upon the request of the Attorney

General, supervise any person provided protection under this

chapter who is on probation or parole under State law, if the State

involved consents to such supervision. Any person so supervised

shall be under Federal jurisdiction during the period of

supervision and shall, during that period be subject to all laws of

the United States which pertain to probationers or parolees, as the

case may be.

(b) The failure by any person provided protection under this

chapter who is supervised under subsection (a) to comply with the

memorandum of understanding entered into by that person pursuant to

section 3521(d) of this title shall be grounds for the revocation

of probation or parole, as the case may be.

(c) The United States Parole Commission and the Chairman of the

Commission shall have the same powers and duties with respect to a

probationer or parolee transferred from State supervision pursuant

to this section as they have with respect to an offender convicted

in a court of the United States and paroled under chapter 311

(FOOTNOTE 1) of this title. The provisions of sections 4201

through 4204, 4205(a), (e), and (h), 4206 through 4215, and 4218

(FOOTNOTE 1) of this title shall apply following a revocation of

probation or parole under this section.

(FOOTNOTE 1) See References in Text note below.

(d) If a person provided protection under this chapter who is on

probation or parole and is supervised under subsection (a) of this

section has been ordered by the State court which imposed sentence

on the person to pay a sum of money to the victim of the offense

involved for damage caused by the offense, that penalty or award of

damages may be enforced as though it were a civil judgment rendered

by a United States district court. Proceedings to collect the

moneys ordered to be paid may be instituted by the Attorney General

in any United States district court. Moneys recovered pursuant to

such proceedings shall be distributed to the victim.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2157; amended Pub. L. 99-646, Sec. 75, Nov. 10, 1986, 100 Stat.

3618; Pub. L. 100-690, title VII, Sec. 7072(b), Nov. 18, 1988, 102

Stat. 4405.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 311 of this title, referred to in subsec. (c), which

consisted of sections 4201 to 4218 of this title, was repealed

effective Nov. 1, 1987, by Pub. L. 98-473, title II, Sec.

218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031,

2032, subject to remaining effective for five years after Nov. 1,

1987, in certain circumstances.

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AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-690 substituted ''4215'' for

''4216''.

1986 - Subsec. (a). Pub. L. 99-646 substituted ''probationers or

parolees, as the case may be'' for ''parolees''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3521 of this title.

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18 USC Sec. 3523 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3523. Civil judgments

-STATUTE-

(a) If a person provided protection under this chapter is named

as a defendant in a civil cause of action arising prior to or

during the period in which the protection is provided, process in

the civil proceeding may be served upon that person or an agent

designated by that person for that purpose. The Attorney General

shall make reasonable efforts to serve a copy of the process upon

the person protected at the person's last known address. The

Attorney General shall notify the plaintiff in the action whether

such process has been served. If a judgment in such action is

entered against that person the Attorney General shall determine

whether the person has made reasonable efforts to comply with the

judgment. The Attorney General shall take appropriate steps to

urge the person to comply with the judgment. If the Attorney

General determines that the person has not made reasonable efforts

to comply with the judgment, the Attorney General may, after

considering the danger to the person and upon the request of the

person holding the judgment disclose the identity and location of

the person to the plaintiff entitled to recovery pursuant to the

judgment. Any such disclosure of the identity and location of the

person shall be made upon the express condition that further

disclosure by the plaintiff of such identity or location may be

made only if essential to the plaintiff's efforts to recover under

the judgment, and only to such additional persons as is necessary

to effect the recovery. Any such disclosure or nondisclosure by

the Attorney General shall not subject the United States and its

officers or employees to any civil liability.

(b)(1) Any person who holds a judgment entered by a Federal or

State court in his or her favor against a person provided

protection under this chapter may, upon a decision by the Attorney

General to deny disclosure of the current identity and location of

such protected person, bring an action against the protected person

in the United States district court in the district where the

person holding the judgment (hereinafter in this subsection

referred to as the ''petitioner'') resides. Such action shall be

brought within one hundred and twenty days after the petitioner

requested the Attorney General to disclose the identity and

location of the protected person. The complaint in such action

shall contain statements that the petitioner holds a valid judgment

of a Federal or State court against a person provided protection

under this chapter and that the petitioner sought to enforce the

judgment by requesting the Attorney General to disclose the

identity and location of the protected person.

(2) The petitioner in an action described in paragraph (1) shall

notify the Attorney General of the action at the same time the

action is brought. The Attorney General shall appear in the action

and shall affirm or deny the statements in the complaint that the

person against whom the judgment is allegedly held is provided

protection under this chapter and that the petitioner requested the

Attorney General to disclose the identity and location of the

protected person for the purpose of enforcing the judgment.

(3) Upon a determination (A) that the petitioner holds a judgment

entered by a Federal or State court and (B) that the Attorney

General has declined to disclose to the petitioner the current

identity and location of the protected person against whom the

judgment was entered, the court shall appoint a guardian to act on

behalf of the petitioner to enforce the judgment. The clerk of the

court shall forthwith furnish the guardian with a copy of the order

of appointment. The Attorney General shall disclose to the

guardian the current identity and location of the protected person

and any other information necessary to enable the guardian to carry

out his or her duties under this subsection.

(4) It is the duty of the guardian to proceed with all reasonable

diligence and dispatch to enforce the rights of the petitioner

under the judgment. The guardian shall, however, endeavor to carry

out such enforcement duties in a manner that maximizes, to the

extent practicable, the safety and security of the protected

person. In no event shall the guardian disclose the new identity

or location of the protected person without the permission of the

Attorney General, except that such disclosure may be made to a

Federal or State court in order to enforce the judgment. Any good

faith disclosure made by the guardian in the performance of his or

her duties under this subsection shall not create any civil

liability against the United States or any of its officers or

employees.

(5) Upon appointment, the guardian shall have the power to

perform any act with respect to the judgment which the petitioner

could perform, including the initiation of judicial enforcement

actions in any Federal or State court or the assignment of such

enforcement actions to a third party under applicable Federal or

State law. The Federal Rules of Civil Procedure shall apply in any

action brought under this subsection to enforce a Federal or State

court judgment.

(6) The costs of any action brought under this subsection with

respect to a judgment, including any enforcement action described

in paragraph (5), and the compensation to be allowed to a guardian

appointed in any such action shall be fixed by the court and shall

be apportioned among the parties as follows: the petitioner shall

be assessed in the amount the petitioner would have paid to collect

on the judgment in an action not arising under the provisions of

this subsection; the protected person shall be assessed the costs

which are normally charged to debtors in similar actions and any

other costs which are incurred as a result of an action brought

under this subsection. In the event that the costs and

compensation to the guardian are not met by the petitioner or by

the protected person, the court may, in its discretion, enter

judgment against the United States for costs and fees reasonably

incurred as a result of the action brought under this subsection.

(7) No officer or employee of the Department of Justice shall in

any way impede the efforts of a guardian appointed under this

subsection to enforce the judgment with respect to which the

guardian was appointed.

(c) The provisions of this section shall not apply to a court

order to which section 3524 of this title applies.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2157.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(b)(5), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

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18 USC Sec. 3524 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3524. Child custody arrangements

-STATUTE-

(a) The Attorney General may not relocate any child in connection

with protection provided to a person under this chapter if it

appears that a person other than that protected person has legal

custody of that child.

(b) Before protection is provided under this chapter to any

person (1) who is a parent of a child of whom that person has

custody, and (2) who has obligations to another parent of that

child with respect to custody or visitation of that child under a

court order, the Attorney General shall obtain and examine a copy

of such order for the purpose of assuring that compliance with the

order can be achieved. If compliance with a visitation order

cannot be achieved, the Attorney General may provide protection

under this chapter to the person only if the parent being relocated

initiates legal action to modify the existing court order under

subsection (e)(1) of this section. The parent being relocated must

agree in writing before being provided protection to abide by any

ensuing court orders issued as a result of an action to modify.

(c) With respect to any person provided protection under this

chapter (1) who is the parent of a child who is relocated in

connection with such protection and (2) who has obligations to

another parent of that child with respect to custody or visitation

of that child under a State court order, the Attorney General

shall, as soon as practicable after the person and child are so

relocated, notify in writing the child's parent who is not so

relocated that the child has been provided protection under this

chapter. The notification shall also include statements that the

rights of the parent not so relocated to visitation or custody, or

both, under the court order shall not be infringed by the

relocation of the child and the Department of Justice

responsibility with respect thereto. The Department of Justice

will pay all reasonable costs of transportation and security

incurred in insuring that visitation can occur at a secure location

as designated by the United States Marshals Service, but in no

event shall it be obligated to pay such costs for visitation in

excess of thirty days a year, or twelve in number a year.

Additional visitation may be paid for, in the discretion of the

Attorney General, by the Department of Justice in extraordinary

circumstances. In the event that the unrelocated parent pays

visitation costs, the Department of Justice may, in the discretion

of the Attorney General, extend security arrangements associated

with such visitation.

(d)(1) With respect to any person provided protection under this

chapter (A) who is the parent of a child who is relocated in

connection with such protection and (B) who has obligations to

another parent of that child with respect to custody or visitation

of that child under a court order, an action to modify that court

order may be brought by any party to the court order in the

District Court for the District of Columbia or in the district

court for the district in which the child's parent resides who has

not been relocated in connection with such protection.

(2) With respect to actions brought under paragraph (1), the

district courts shall establish a procedure to provide a reasonable

opportunity for the parties to the court order to mediate their

dispute with respect to the order. The court shall provide a

mediator for this purpose. If the dispute is mediated, the court

shall issue an order in accordance with the resolution of the

dispute.

(3) If, within sixty days after an action is brought under

paragraph (1) to modify a court order, the dispute has not been

mediated, any party to the court order may request arbitration of

the dispute. In the case of such a request, the court shall

appoint a master to act as arbitrator, who shall be experienced in

domestic relations matters. Rule 53 of the Federal Rules of Civil

Procedure shall apply to masters appointed under this paragraph.

The court and the master shall, in determining the dispute, give

substantial deference to the need for maintaining parent-child

relationships, and any order issued by the court shall be in the

best interests of the child. In actions to modify a court order

brought under this subsection, the court and the master shall apply

the law of the State in which the court order was issued or, in the

case of the modification of a court order issued by a district

court under this section, the law of the State in which the parent

resides who was not relocated in connection with the protection

provided under this chapter. The costs to the Government of

carrying out a court order may be considered in an action brought

under this subsection to modify that court order but shall not

outweigh the relative interests of the parties themselves and the

child.

(4) Until a court order is modified under this subsection, all

parties to that court order shall comply with their obligations

under that court order subject to the limitations set forth in

subsection (c) of this section.

(5) With respect to any person provided protection under this

chapter who is the parent of a child who is relocated in connection

with such protection, the parent not relocated in connection with

such protection may bring an action, in the District Court for the

District of Columbia or in the district court for the district in

which that parent resides, for violation by that protected person

of a court order with respect to custody or visitation of that

child. If the court finds that such a violation has occurred, the

court may hold in contempt the protected person. Once held in

contempt, the protected person shall have a maximum of sixty days,

in the discretion of the Attorney General, to comply with the court

order. If the protected person fails to comply with the order

within the time specified by the Attorney General, the Attorney

General shall disclose the new identity and address of the

protected person to the other parent and terminate any financial

assistance to the protected person unless otherwise directed by the

court.

(6) The United States shall be required by the court to pay

litigation costs, including reasonable attorneys' fees, incurred by

a parent who prevails in enforcing a custody or visitation order;

but shall retain the right to recover such costs from the protected

person.

(e)(1) In any case in which the Attorney General determines that,

as a result of the relocation of a person and a child of whom that

person is a parent in connection with protection provided under

this chapter, the implementation of a court order with respect to

custody or visitation of that child would be substantially

impossible, the Attorney General may bring, on behalf of the person

provided protection under this chapter, an action to modify the

court order. Such action may be brought in the district court for

the district in which the parent resides who would not be or was

not relocated in connection with the protection provided under this

chapter. In an action brought under this paragraph, if the

Attorney General establishes, by clear and convincing evidence,

that implementation of the court order involved would be

substantially impossible, the court may modify the court order but

shall, subject to appropriate security considerations, provide an

alternative as substantially equivalent to the original rights of

the nonrelocating parent as feasible under the circumstances.

(2) With respect to any State court order in effect to which this

section applies, and with respect to any district court order in

effect which is issued under this section, if the parent who is not

relocated in connection with protection provided under this chapter

intentionally violates a reasonable security requirement imposed by

the Attorney General with respect to the implementation of that

court order, the Attorney General may bring an action in the

district court for the district in which that parent resides to

modify the court order. The court may modify the court order if

the court finds such an intentional violation.

(3) The procedures for mediation and arbitration provided under

subsection (d) of this section shall not apply to actions for

modification brought under this subsection.

(f) In any case in which a person provided protection under this

chapter is the parent of a child of whom that person has custody

and has obligations to another parent of that child concerning

custody and visitation of that child which are not imposed by court

order, that person, or the parent not relocated in connection with

such protection, may bring an action in the district court of the

district in which that parent not relocated resides to obtain an

order providing for custody or visitation, or both, of that child.

In any such action, all the provisions of subsection (d) of this

section shall apply.

(g) In any case in which an action under this section involves

court orders from different States with respect to custody or

visitation of the same child, the court shall resolve any conflicts

by applying the rules of conflict of laws of the State in which the

court is sitting.

(h)(1) Subject to paragraph (2), the costs of any action

described in subsection (d), (e), or (f) of this section shall be

paid by the United States.

(2) The Attorney General shall insure that any State court order

in effect to which this section applies and any district court

order in effect which is issued under this section are carried

out. The Department of Justice shall pay all costs and fees

described in subsections (c) and (d) of this section.

(i) As used in this section, the term ''parent'' includes any

person who stands in the place of a parent by law.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2159.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec.

(d)(3), are set out in the Appendix to Title 28, Judiciary and

Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3523 of this title.

-CITE-

18 USC Sec. 3525 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3525. Victims Compensation Fund

-STATUTE-

(a) The Attorney General may pay restitution to, or in the case

of death, compensation for the death of any victim of a crime that

causes or threatens death or serious bodily injury and that is

committed by any person during a period in which that person is

provided protection under this chapter.

(b) Not later than four months after the end of each fiscal year,

the Attorney General shall transmit to the Congress a detailed

report on payments made under this section for such year.

(c) There are authorized to be appropriated for the fiscal year

1985 and for each fiscal year thereafter, $1,000,000 for payments

under this section.

(d) The Attorney General shall establish guidelines and

procedures for making payments under this section. The payments to

victims under this section shall be made for the types of expenses

provided for in section 3579(b) (FOOTNOTE 1) of this title, except

that in the case of the death of the victim, an amount not to

exceed $50,000 may be paid to the victim's estate. No payment may

be made under this section to a victim unless the victim has sought

restitution and compensation provided under Federal or State law or

by civil action. Such payments may be made only to the extent the

victim, or the victim's estate, has not otherwise received

restitution and compensation, including insurance payments, for the

crime involved. Payments may be made under this section to victims

of crimes occurring on or after the date of the enactment of this

chapter. (FOOTNOTE 1) In the case of a crime occurring before the

date of the enactment of this chapter, (FOOTNOTE 1) a payment may

be made under this section only in the case of the death of the

victim, and then only in an amount not exceeding $25,000, and such

a payment may be made notwithstanding the requirements of the third

sentence of this subsection.

(FOOTNOTE 1) See References in Text note below.

(e) Nothing in this section shall be construed to create a cause

of action against the United States.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2162.)

-REFTEXT-

REFERENCES IN TEXT

Section 3579(b) of this title, referred to in subsec. (d), was

renumbered section 3663(b) of this title by Pub. L. 98-473, title

II, Sec. 212(a)(1), Oct. 12, 1984, 98 Stat. 1987.

The date of the enactment of this chapter, referred to in subsec.

(d), is the date of enactment of Pub. L. 98-473, which was approved

Oct. 12, 1984.

-MISC2-

RESTITUTION TO ESTATE OF VICTIMS KILLED BEFORE OCTOBER 12, 1984;

LIMITATION

Pub. L. 99-180, title II, Sec. 200, Dec. 13, 1985, 99 Stat. 1142,

provided: ''That restitution of not to exceed $25,000 shall be paid

to the estate of victims killed before October 12, 1984 as a result

of crimes committed by persons who have been enrolled in the

Federal witness protection program, if such crimes were committed

within two years after protection was terminated, notwithstanding

any limitations contained in part (a) of section 3525 of title 18

of the United States Code.''

SIMILAR PROVISIONS

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 303.

-CITE-

18 USC Sec. 3526 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3526. Cooperation of other Federal agencies and State

governments; reimbursement of expenses

-STATUTE-

(a) Each Federal agency shall cooperate with the Attorney General

in carrying out the provisions of this chapter and may provide, on

a reimbursable basis, such personnel and services as the Attorney

General may request in carrying out those provisions.

(b) In any case in which a State government requests the Attorney

General to provide protection to any person under this chapter -

(1) the Attorney General may enter into an agreement with that

State government in which that government agrees to reimburse the

United States for expenses incurred in providing protection to

that person under this chapter; and

(2) the Attorney General shall enter into an agreement with

that State government in which that government agrees to

cooperate with the Attorney General in carrying out the

provisions of this chapter with respect to all persons.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2162.)

-CITE-

18 USC Sec. 3527 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3527. Additional authority of Attorney General

-STATUTE-

The Attorney General may enter into such contracts or other

agreements as may be necessary to carry out this chapter. Any such

contract or agreement which would result in the United States being

obligated to make outlays may be entered into only to the extent

and in such amount as may be provided in advance in an

appropriation Act.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2163.)

-CITE-

18 USC Sec. 3528 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART II - CRIMINAL PROCEDURE

CHAPTER 224 - PROTECTION OF WITNESSES

-HEAD-

Sec. 3528. Definition

-STATUTE-

For purposes of this chapter, the term ''State'' means each of

the several States, the District of Columbia, the Commonwealth of

Puerto Rico, and any territory or possession of the United States.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1208, Oct. 12, 1984, 98 Stat.

2163.)

-CITE-