Victim and Witness Protection Act of 1982
PL 97-291 (S.2420), enacted 10/12/1982

96 STAT. 1248 
PUBLIC LAW 97-291—OCT. 12, 1982 
Public Law 97-291 
97th Congress 
An Act 
Oct. 12, 1982 
ipQ provide additional protections and assistance to victims and witnesses in 
[S. 2420] 
Federal cases. 
Be it enacted by the Senate and House of Representatives of the 
Victim and 
United States of America in Congress assembled, That this Act may 
SotTcfion Act of ^ ^^^^ ^ *^® "Victim and Witness Protection Act of 1982". 
1982. 
18 u s e 1501 
FINDINGS AND PURPOSES 
note. 
18 use 1512 
SEC. 2. (a) The Congress finds and declares that: 
^°^- 
(1) Without the cooperation of victims and witnesses, the 
criminal justice system would cease to function; yet with few 
exceptions these individuals are either ignored by the criminal 
justice system or simply used as tools to identify and punish 
offenders. 
(2) All too often the victim of a serious crime is forced to 
suffer physical, psychological, or financial hardship first as a 
result of the criminal act and then as a result of contact with a 
criminal justice system unresponsive to the real needs of such 
victim. 
(3) Although the majority of serious crimes falls under the 
jurisdiction of State and local law enforcement agencies, the 
Federal Government, and in particular the Attorney General, 
has an important leadership role to assume in ensuring that 
victims of crime, whether at the Federal, State, or local level, 
are given proper treatment by agencies administering the crimi-
nal justice system. 
(4) Under current law, law enforcement agencies must have 
cooperation from a victim of crime and yet neither the agencies 
nor the legal system can offer adequate protection or assistance 
when the victim, as a result of such cooperation, is threatened 
or intimidated. 
(5) While the defendant is provided with counsel who can 
explain both the criminal justice process and the rights of the 
defendant, the victim or witness has no counterpart and is 
usually not even notified when the defendant is released on bail, 
the case is dismissed, a plea to a lesser charge is accepted, or a 
court date is changed. 
(6) The victim and witness who cooperate with the prosecutor 
often find that the transportation, parking facilities, and child 
care services at the court are unsatisfactory and they must 
often share the pretrial waiting room with the defendant or his 
family and friends. 
(7) The victim may lose valuable property to a criminal only 
to lose it again for long periods of time to Federal law enforce-
ment officials, until the trial and sometimes and appeals are 
over; many times that property is damaged or lost, which is 
particularly stressful for the elderly or poor. 
(b) The Congress declares that the purposes of this Act are— 
PUBLIC LAW 97-291—OCT. 12, 1982 
96 STAT. 1249 
(1) to enhance and protect the necessary role of crime victims 
and witnesses in the criminal justice process; 
(2) to ensure that the Federal Government does all that is 
possible within limits of available resources to assist victims 
and witnesses of crime without infringing on the constitutional 
rights of the defendant; and 
(3) to provide a model for legislation for State and local 
governments. 
VICTIM IMPACT STATEMENT 
SEC. 3. Paragraph (2) of rule 32(c) of the Federal Rules of Criminal 
Procedure is amended to read as follows: 
18 use app. 
"(2) REPORT.—The presentence report shall contain— 
"(A) any prior criminal record of the defendant; 
"(B) a statement of the circumstances of the commission 
of the offense and circumstances affecting the defendant's 
behavior; 
"(C) information concerning any harm, including finan-
cial, social, psychological, and physical harm, done to or loss 
suffered by any victim of the offense; and 
"(D) any other information that may aid the court in 
sentencing, including the restitution needs of any victim of 
the offense.". 
PROTECTION OF VICTIMS AND WITNESSES FROM INTIMIDATION 
SEC. 4. (a) Chapter 73 of title 18 of the United States Code is 
amended by adding at the end the following new sections: 
"§ 1512. Tampering with a witness, victim, or an informant 
18 use 1512. 
"(a) Whoever knowingly uses intimidation or physical force, or 
threatens another person, or attempts to do so, or engages in 
misleading conduct toward another person, with intent to— 
"(1) influence the testimony of any person in an official 
proceeding; 
"(2) cause or induce any person to— 
"(A) withhold testimony, or withhold a record, document, 
or other object, from an official proceeding; 
"(B) alter, destroy, mutilate, or conceal an object with 
intent to impair the object's integrity or availability for use 
in an official proceeding; 
"(C) evade legal process summoning that person to 
appear as a witness, or to produce a record, document, or 
other object, in an official proceeding; or 
"(D) be absent from an official proceeding to which such 
person has been summoned by legal process; or 
"(3) hinder, delay, or prevent the communication to a law 
enforcement officer or judge of the United States of information 
relating to the commission or possible commission of a Federal 
offense or a violation of conditions of probation, parole, or 
release pending judicial proceedings; 
shall be fined not more than $250,000 or imprisoned not more than 
Penalty. 
ten years, or both. 
"(b) Whoever intentionally harasses another person and thereby 
hinders, delays, prevents, or dissuades any person from— 
"(1) attending or testifying in an official proceeding; 
96 STAT. 1250 
PUBLIC LAW 97-291—OCT. 12, 1982 
Penalty. 
18 use 1513. 
Penalty. 
18 use 1514. 
"(2) reporting to a law enforcement officer or judge of the 
United States the commission or possible commission of a Fed-
eral offense or a violation of conditions of probation, parole, or 
release pending judicial proceedings; 
"(3) arresting or seeking the arrest of another person in 
connection with a Federal offense; or 
"(4) causing a criminal prosecution, or a parole or probation 
revocation proceeding, to be sought or instituted, or assisting in 
such prosecution or proceeding; 
or attempts to do so, shall be fined not more than $25,000 or 
imprisoned not more than one year, or both. 
"(c) In a prosecution for an offense under this section, it is an 
affirmative defense, as to which the defendant has the burden of 
proof by a preponderance of the evidence, that the conduct consisted 
solely of lawful conduct and that the defendant's sole intention was 
to encourage, induce, or cause the other person to testify truthfully. 
"(d) For the purposes of this section— 
"(1) an official proceeding need not be pending or about to be 
instituted at the time of the offense; and 
"(2) the testimony, or the record, document, or other object 
need not be admissible in evidence or free of a claim of privi-
lege. 
"(e) In a prosecution for an offense under this section, no state of 
mind need be proved with respect to the circumstance— 
"(1) that the official proceeding before a judge, court, magis-
trate, grand jury, or government agency is before a judge or 
court of the United States, a United States magistrate, a bank-
ruptcy judge, a Federal grand jury, or a Federal Government 
agency; or 
"(2) that the judge is a judge of the United States or that the 
law enforcement officer is an officer or employee of the Federal 
Government or a person authorized to act for or on behalf of the 
Federal Government or serving the Federal Government as an 
adviser or consultant. 
"(f) There is extraterritorial Federal jurisdiction over an offense 
under this section. 
"§ 1513. Retaliating against a witness, victim, or an informant 
"(a) Whoever knowingly engages in any conduct and thereby 
causes bodily injury to another person or damages the tangible 
property of another person, or threatens to do so, with intent to 
retaliate against any person for— 
"(1) the attendance of a witness or party at an official pro-
ceeding, or any testimony given or any record, document, or 
other object produced by a witness in an official proceeding; or 
"(2) any information relating to the commission or possible 
commission of a Federal offense or a violation of conditions of 
probation, parole, or release pending judicial proceedings given 
by a person to a law enforcement officer; 
or attempts to do so, shall be fined not more than $250,000 or 
imprisoned not more than ten years, or both. 
"(b) There is extraterritorial Federal jurisdiction over an offense 
under this section. 
"§ 1514. Civil action to restrain harassment of a victim or witness 
"(aXD A United States district court, upon application of the 
attorney for the Government, shall issue a temporary restraining 
PUBLIC LAW 97-291—OCT. 12, 1982 
96 STAT. 1251 
order prohibiting harassment of a victim or witness in a Federal 
criminal case if the court finds, from specific facts shown by affida-
vit or by verified complaint, that there are reasonable grounds to 
believe that harassment of an identified victim or witness in a 
Federal criminal case exists or that such order is necessary to 
prevent and restrain an offense under section 1512 of this title, 
other than an offense consisting of misleading conduct, or under 
section 1513 of this title. 
"(2)(A) A temporary restraining order may be issued under this 
section without written or oral notice to the adverse party or such 
party's attorney in a civil action under this section if the court finds, 
upon written certification of facts by the attorney for the Govern-
ment, that such notice should not be required and that there is a 
reasonable probability that the Government will prevail on the 
merits. 
"(B) A temporary restraining order issued without notice under 
this section shall be endorsed with the date and hour of issuance and 
be filed forthwith in the office of the clerk of the court issuing the 
order. 
"(C) A temporary restraining order issued under this section shall 
expire at such time, not to exceed 10 days from issuance, as the 
court directs; the court, for good cause shown before expiration of 
such order, may extend the expiration date of the order for up to 10 
days or for such longer period agreed to by the adverse party. 
'(D) When a temporary restraining order is issued without notice, 
the motion for a protective order shall be set down for hearing at the 
earliest possible time and takes precedence over all matters except 
older matters of the same character, and when such motion comes 
on for hearing, if the attorney for the Government does not proceed 
with the application for a protective order, the court shall dissolve 
the temporary restraining order. 
"(E) If on two days notice to the attorney for the Government or 
on such shorter notice as the court may prescribe, the adverse party 
appears and moves to dissolve or modify the temporary restraining 
order, the court shall proceed to hear and determine such motion as 
expeditiously as the ends of justice require. 
'(F) A temporary restraining order shall set forth the reasons for 
the issuance of such order, be specific in terms, and describe in 
reasonable detail (and not by reference to the complaint or other 
document) the act or acts being restrained. 
"(bXD A United States district court, upon motion of the attorney 
for the Government, shall issue a protective order prohibiting har-
assment of a victim or witness in a Federal criminal case if the 
court, after a hearing, finds by a preponderance of the evidence that 
harassment of an identified victim or witness in a Federal criminal 
case exists or that such order is necessary to prevent and restrain an 
offense under section 1512 of this title, other than an offense 
consisting of misleading conduct, or under section 1513 of this title. 
"(2) At the hearing referred to in paragraph (1) of this subsection, 
any adverse party named in the complaint shall have the right to 
present evidence and cross-examine witnesses. 
"(3) A protective order shall set forth the reasons for the issuance 
of such order, be specific in terms, describe in reasonable detail (and 
not by reference to the complaint or other document) the act or acts 
being restrained. 
"(4) The court shall set the duration of effect of the protective 
order for such period as the court determines necessary to prevent 
Temporary 
restraining 
order. 
Expiration. 
Protective order. 
96 STAT. 1252 
PUBLIC LAW 97-291—OCT. 12, 1982 
harassment of the victim or witness but in no case for a period in 
excess of three years from the date of such order's issuance. The 
attorney for the Government may, at any time within ninety days 
before the expiration of such order, apply for a new protective order 
under this section. 
Definitions. 
"(c) As used in this section-
ed) the term 'harassment' means a course of conduct directed 
at a specific person that— 
"(A) causes substantial emotional distress in such person; 
and 
"(B) serves no legitimate purpose; and 
"(2) the term 'course of conduct' means a series of acts over a 
period of time, however short, indicating a continuity of pur-
pose. 
18 use 1515. 
"§ 1515. Definitions for certain provisions 
"As used in sections 1512 and 1513 of this title and in this 
section— 
"(1) the term 'official proceeding' means— 
"(A) a proceeding before a judge or court of the United 
States, a United States magistrate, a bankruptcy judge, or a 
Federal grand jury; 
"(B) a proceeding before the Congress; or 
"(C) a proceeding before a Federal Government agency 
which is authorized by law; 
"(2) the term 'physical force' means physical action against 
another, and includes confinement; 
"(3) the term 'misleading conduct' means— 
"(A) knowingly malang a false statement; 
"(B) intentionally omitting information from a statement 
and thereby causing a portion of such statement to be 
misleading, or intentionally concealing a material fact, and 
thereby creating a false impression by such statement; 
"(C) with intent to mislead, knowingly submitting or 
inviting reliance on a writing or recording that is false, 
forged, altered, or otherwise lacking in authenticity; 
"(D) with intent to mislead, knowingly submitting or 
inviting reliance on a sample, specimen, map, photograph, 
boundary mark, or other object that is misleading in a 
material respect; or 
"(E) knowingly using a trick, scheme, or device with 
intent to mislead; 
"(4) the term 'law enforcement officer' means an officer or 
employee of the Federal Government, or a person authorized to 
act for or on behalf of the Federal Government or serving the 
Federal Government as an adviser or consultant— 
"(A) authorized under law to engage in or supervise the 
prevention, detection, investigation, or prosecution of an 
offense; or 
"(B) serving as a probation or pretrial services officer 
under this title; and 
"(5) the term 'bodily injury' means— 
"(A) a cut, abrasion, bruise, burn, or disfigurement; 
"(B) physical pain; 
"(C) illness; 
"(D) impairment of the function of a bodily member, 
organ, or mental faculty; or 
PUBLIC LAW 97-291—OCT. 12, 1982 
96 STAT. 1253 
"(E) any other injury to the body, no matter how tempo-
rary.". 
(b) The table of sections at the beginning of chapter 73 of title 18 of 
the United States Code is amended— 
(1) so that the item relating to section 1503 reads as follows: 
"1503. Influencing or injuring officer or juror generally."; and 
(2) by adding at the end the following: 
"1512. Tampering with a witness, victim, or an informant. 
"1513. Retaliating against a witness, victim, or an informant. 
"1514. Civil action to restrain harassment of a victim or witness. 
"1515. Definitions for certain provisions.". 
(c) Section 1503 of title 18 of the United States Code is amended— 
(1) in the heading of such section, by striking out ", juror or 
witness" and inserting in lieu thereof' or juror"; 
(2) by striking out "witness" the first place it appears after 
"impede any" and all that follows through "or any grand" and 
inserting "grand" in lieu thereof; and 
(3) by striking out "injures any party or witness" and all that 
follows through "matter pending therein, or". 
(d) section 1505 of title 18 of the United States Code is amended 
b y -
(1) striking out paragraphs (1) and (2); 
(2) striking out "such" the first place it appears in the fourth 
paragraph and inserting in lieu thereof "any pending"; 
(3) striking out "such" the second place it appears in the 
fourth paragraph and inserting in lieu thereof "any"; and 
(4) striking out "such inquiry" in the fourth paragraph and 
inserting in lieu thereof "any inquiry". 
(e) Section 1510(a) of title 18 of the United States Code is 
amended— 
(1) by striking out the comma immediately following "brib-
ery" and all that follows through "thereof; 
(2) by striking out the semicolon immediately following "in-
vestigator" the first place it appears and all that follows 
through "Shall be fined" and inserting "shall be fined" in lieu 
thereof. 
RESTITUTION 
SEC. 5. (a) Chapter 227 of title 18 of the United States Code is 
amended by adding at the end the following: 
"§ 3579. Order of restitution 
18 use 3579 
"(a)(1) The court, when sentencing a defendant convicted of an 
offense under this title or under subsection (h), (i), (j), or (n) of 
section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may 
order, in addition to or in lieu of any other penalty authorized by 
law, that the defendant make restitution to any victim of the 
offense. 
"(2) If the court does not order restitution, or orders only partial 
restitution, under this section, the court shall state on the record the 
reasons therefor. 
"(b) The order may require that such defendant— 
Property. 
"(1) in the case of an offense resulting in damage to or loss or 
destruction of property of a victim of the offense— 
"(A) return the property to the owner of the property or 
someone designated by the owner; or 
96 STAT. 1254 
PUBLIC LAW 97-291—OCT. 12, 1982 
"(B) if return of the property under subparagraph (A) is 
impossible, impractical, or inadequate, pay an amount 
equal to the greater of— 
"(i) the value of the property on the date of the 
damage, loss, or destruction, or 
"(ii) the value of the property on the date of sentenc-
ing, 
less the value (as of the date the property is returned) of any 
part of the property that is returned; 
Bodily injury. 
"(2) in the caso of an offense resulting in bodily injury to a 
victim— 
"(A) pay an amount equal to the cost of necessary medical 
and related professional services and devices relating to 
physical, psychiatric, and psychological care, including non-
medical care and treatment rendered in accordance with a 
method of healing recognized by the law of the place of 
treatment; 
"(B) pay an amount equal to the cost of necessary physi-
cal and occupational therapy and rehabilitation; and 
"(C) reimburse the victim for income lost by such victim 
as a result of such offense; 
Death. 
"(3) in the case of an offense resulting in bodily injury also 
results in the death of a victim, pay an amount equal to the cost 
of necessary funeral and related services; and 
"(4) in any case, if the victim (or if the victim is deceased, the 
victim's estate) consents, make restitution in services in lieu of 
money, or make restitution to a person or organization desig-
nated by the victim or the estate. 
Victim's estate. 
"(c) If the Court decides to order restitution under this section, the 
court shall, if the victim is deceased, order that the restitution be 
made to the victim's estate. 
"(d) The court shall impose an order of restitution to the extent 
that such order is as fair as possible to the victim and the imposition 
of such order will not unduly complicate or prolong the sentencing 
process. 
Restitution. 
"(e)(1) The court shall not impose restitution with respect to a loss 
for which the victim has received or is to receive compensation, 
except that the court may, in the interest of justice, order restitution 
to any person who has compensated the victim for such loss to the 
extent that such person paid the compensation. An order of restitu-
tion shall require that all restitution to victims under such order be 
made before any restitution to any other person under such order is 
made. 
"(2) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by such victim in— 
"(A) any Federal civil proceeding; and 
"(B) any State civil proceeding, to the extent provided by the 
law of that State. 
Time period. 
"(f)(1) The court may require that such defendant make restitu-
tion under this section within a specified period or in specified 
installments. 
"(2) The end of such period or the last such installment shall not 
be later than— 
"(A) the end of the period of probation, if probation is ordered; 
"(B) five years after the end of the term of imprisonment 
imposed, if the court does not order probation; and 
PUBLIC LAW 97-291—OCT. 12, 1982 
96 STAT. 1255 
"(C) five years after the date of sentencing in any other case. 
"(3) If not otherwise provided by the court under this subsection, 
restitution shall be made immediately. 
"(g) If such defendant is placed on probation or paroled under this 
title, any restitution ordered under this section shall be a condition 
of such probation or parole. The court may revoke probation and the 
Parole Commission may revoke parole if the defendant fails to 
comply with such order. In determining whether to revoke proba-
tion or parole, the court or Parole Commission shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness of the defendant's failure to pay, and any other 
special circumstances that may have a bearing on the defendant's 
ability to pay. 
"(h) An order of restitution may be enforced by the United States 
or a victim named in the order to receive the restitution in the same 
manner as a judgment in a civil action. 
"§ 3580. Procedure for issuing order of restitution 
"(a) The court, in determining whether to order restitution under 
section 3579 of this title and the amount of such restitution, shall 
consider the amount of the loss sustained by any victim as a result 
of the offense, the financial resources of the defendant, the financial 
needs and earning ability of the defendant and the defendant's 
dependents, and such other factors as the court deems appropriate. 
"(b) The court may order the probation service of the court to 
obtain information pertaining to the factors set forth in subsection 
(a) of this section. The probation service of the court shall include 
the information collected in the report of presentence investigation 
or in a separate report, as the court directs. 
"(c) The court shall disclose to both the defendant and the attor-
ney for the Government all portions of the presentence or other 
report pertaining to the matters described in subsection (a) of this 
section. 
"(d) Any dispute as to the proper amount or type of restitution 
shall be resolved by the court by the preponderance of the evidence. 
The burden of demonstrating the amount of the loss sustained by a 
victim as a result of the offense shall be on the attorney for the 
Government. The burden of demonstrating the financial resources 
of the defendant and the financial needs of the defendant and such 
defendant's dependents shall be on the defendant. The burden of 
demonstrating such other matters as the court deems appropriate 
shall be upon the party designated by the court as justice requires. 
"(e) A conviction of a defendant for an offense involving the act 
giving rise to restitution under this section shall estop the defendant 
from denying the essential allegations of that offense in any subse-
quent Federal civil proceeding or State civil proceeding, to the 
extent consistent with State law, brought by the victim.". 
(b) The table of sections at the beginning of chapter 227 of title 18 
of the United States Code is amended by adding at the end the 
following new items: 
"3579. Nature of order of restitution. 
"3580. Procedure for issuing order of restitution.". 
Probation or 
parole. 
Enforcement. 
18 u s e 3580. 
Information 
disclosure. 
96 STAT. 1256 
PUBLIC LAW 97-291—OCT. 12, 1982 
FEDERAL GUIDELINES FOR FAIR TREATMENT OF CRIME VICTIMS AND 
WITNESSES IN THE CRIMINAL JUSTICE SYSTEM 
18 use 1512 
SEC 6. (a) Within two hundred and seventy days after the date of 
^°^- 
enactment of this Act, the Attorney General shall develop and 
implement guidelines for the Department of Justice consistent with 
the purposes of this Act. In preparing the guidelines the Attorney 
General shall consider the following objectives: 
(1) SERVICES TO VICTIMS OF CRIME.—Law enforcement person-
nel should ensure that victims routinely receive emergency 
social and medical services as soon as possible and are given 
information on the following— 
(A) availability of crime victim compensation (where 
applicable); 
(B) community-based victim treatment programs; 
(C) the role of the victim in the criminal justice process, 
including what they can expect from the system as well as 
what the system expects from them; and 
(D) stages in the criminal justice process of significance 
to a crime victim, and the manner in which information 
about such stages can be obtained. 
(2) NOTIFICATION OF AVAILABILITY OF PROTECTION.—A victim or 
witness should routinely receive information on steps that law 
enforcement officers and attorneys for the Government can 
take to protect victims and witnesses from intimidation. 
(3) SCHEDULING CHANGES.—All victims and witnesses who 
have been scheduled to attend criminal justice proceedings 
should either be notified as soon as possible of any scheduling 
changes which will affect their appearances or have available a 
system for alerting witnesses promptly by telephone or other-
wise. 
(4) PROMPT NOTIFICATION TO VICTIMS OF MAJOR SERIOUS 
CRIMES.—Victims, witnesses, relatives of those victims and wit-
nesses who are minors, and relatives of homicide victims should, 
if such persons provide the appropriate official with a current 
address and telephone number, receive prompt advance notifi-
cation, if possible, of judicial proceedings relating to their case, 
including— 
(A) the arrest of an accused; 
(B) the initial appearance of an accused before a judicial 
officer; 
(C) the release of the accused pending judicial proceed-
ings; and 
(D) proceedings in the prosecution of the accused (includ-
ing entry of a plea of guilty, trial, sentencing, and, where a 
term of imprisonment is imposed, the release of the accused 
from such imprisonment). 
(5) CONSULTATION WITH VICTIM.—The victim of a serious 
crime, or in the case of a minor child or a homicide, the family 
of the victim, should be consulted by the attorney for the 
Government in order to obtain the views of the victim or family 
about the disposition of any Federal criminal case brought as a 
result of such crime, including the views of the victim or family 
about— 
(A) dismissal; 
(B) release of the accused pending judicial proceedings; 
(C) plea negotiations; and 
PUBLIC LAW 97-291—OCT. 12, 1982 
96 STAT. 1257 
(D) pretrial diversion program. 
(6) SEPARATE WAITING AREA.—Victims and other prosecution 
witnesses should be provided prior to court appearance a wait-
ing area that is separate from all other witnesses. 
(7) PROPERTY RETURN.—Law enforcement agencies and pros-
ecutor should promptly return victim's property held for eviden-
tiary purposes unless there is a compelling law enforcement 
reason for retaining it. 
(8) NOTIFICATION TO EMPLOYER.—A victim or witness who so 
requests should be assisted by law enforcement agencies and 
attorneys for the Government in informing employers that the 
need for victim and witness cooperation in the prosecution of 
the case may necessitate absence of that victim or witness from 
work. A victim or witness who, as a direct result of a crime or of 
cooperation with law enforcement agencies or attorneys for the 
Government, is subjected to serious financial strain, should be 
assisted by such agencies and attorneys in explaining to credi-
tors the reason for such serious financial strain. 
(9) TRAINING BY FEDERAL LAW ENFORCEMENT TRAINING FACILI-
TIES.—Victim assistance education and training should be 
offered to persons taking courses at Federal law enforcement 
training facilities and attorneys for the Government so that 
victims may be promptly, properly, and completely assisted. 
(10) GENERAL VICTIM ASSISTANCE.—The guidelines should also 
ensure that any other important assistance to victims and 
witnesses, such as the adoption of transportation, parking, and 
translator services for victims in court be provided. 
(b) Nothing in this title shall be construed as creating a cause of 
action against the United States. 
(c) The Attorney General shall assure that all Federal law enforce-
ment agencies outside of the Department of Justice adopt guidelines 
consistent with subsection (a) of this section. 
Restriction. 
PROFIT BY A CRIMINAL FROM SALE OF HIS STORY 
SEC. 7. Within one year after the date of enactment of this Act, 
the Attorney General shall report to Congress regarding any laws 
that are necessary to ensure that no Federal felon derives any profit 
from the sale of the recollections, thoughts, and feelings of such 
felon with regards to the offense committed by the felon until any 
victim of the offense receives restitution. 
Report to 
Congress. 
18 u s e 3579 
note. 
BAIL 
SEC. 8. Section 3146(a) of chapter 207 of title 18, United States 
Code, is amended in the matter preceding paragraph (1)— 
(1) by inserting after "judicial officer," the second place it 
appears the following: "subject to the condition that such person 
not commit an offense under section 1503, 1512, or 1513 of this 
title,"; and 
(2) by inserting after "impose" the following: "a condition of 
release that such person not commit an offense under section 
1503,1512, or 1513 of this title and impose". 
96 STAT. 1258 
PUBLIC LAW 97-291—OCT. 12, 1982 
EFFECTIVE DATE 
18 use 1512 
SEC. 9. (a) Except as provided in subsection (b), this Act and the 
^°^^- 
amendments made by this Act shall take effect on the date of the 
enactment of this Act. 
(b)(1) The amendment made by section 2 of this Act shall apply to 
presentence reports ordered to be made on or after March 1, 1983. 
(2) The amendments made by section 5 of this Act shall apply with 
respect to offenses occurring on or after January 1,1983. 
Approved October 12, 1982. 
LEGISLATIVE HISTORY—S. 2420 (H.R. 7191) 
SENATE REPORT No. 97-5.32 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Sept. 14, considered and passed Senate. 
Sept. 30, H.R. 7191 considered and passed House; S. 2420, amended, passed in 
lieu. 
Oct. 1, Senate concurred in House amendments with an amendment; House 
concurred in Senate amendment.