18 USC 3509(b)(1)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 18 USC 3509(b)(1) | status: Basic | banner: CUI.
- NARA sanctions field: 18 USC 403.
- DoD authority row: 18 USC 3509(b)(1). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 18 USC 3509(b)(1) | status: Basic | banner: CUI | sanctions: 18 USC 403
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 719 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3509
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Information pertaining to a minor who was a victim, witness, or potential witness to a criminal act.
- DoD category scope used with this authority: Information pertaining to a minor who was a victim, witness, or potential witness to a criminal act.
- 18 USC 3509(b)(1) | status: Basic | banner: CUI | sanctions: 18 USC 403
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Information pertaining to a minor who was a victim, witness, or potential witness to a criminal act.
- Extracted authority condition: The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effec- tively advocate for the child.
- Extracted authority condition: Judicial review of requests for informa- tion (a) The recipient of a request for records, a re- port, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or sec- tion 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does busi- ness or resides, petition for an order modifying or setting aside the request.
- Extracted authority condition: (f) V ICTIMIMPACTSTATEMENT.—In preparing the presentence report pursuant to rule 32(c) of the Federal Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary child abuse team and other appropriate sources to determine the im- pact of the offense on the child victim and any other children who may have been affected.
- Extracted authority condition: A guardian ad litem appointed under subsection (h) shall make every effort to obtain and report information that accurately expresses the child’s and the family’s views concerning the child’s victimization.
- Extracted authority condition: The person who makes the filing shall submit to the clerk of the court— (A) the complete paper to be kept under seal; and (B) the paper with the portions of it that disclose the name of or other information concerning a child redacted, to be placed in the public record.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic
- Nara authority rows: 18 USC 3509(b)(1) | status: Basic | banner: CUI | sanctions: 18 USC 403
- Nara banner markings: CUI
- Nara sanctions: 18 USC 403
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (d) P RIVACYPROTECTION.— (1) C ONFIDENTIALITY OF INFORMATION.—(A) A person acting in a capacity described in sub- paragraph (B) in connection with a criminal proceeding shall— (i) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their con- tents has access; and (ii) disclose documents described in clause (i) or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information.
- Extracted authority control: (The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives.) A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child.
- Extracted authority control: The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effec- tively advocate for the child.
- Extracted authority control: (h) G UARDIANADLITEM.— (1) I N GENERAL.—The court may appoint, and provide reasonable compensation and payment of expenses for, a guardian ad litem for a child who was a victim of, or a witness to, a crime involving abuse or exploitation to protect the best interests of the child.
- Extracted authority control: (B) A protective order issued under subpara- graph (A) may— (i) provide that the testimony of a child witness, and the testimony of any other wit- ness, when the attorney who calls the wit- ness has reason to anticipate that the name of or any other information concerning a child may be divulged in the testimony, be taken in a closed courtroom; and (ii) provide for any other measures that may be necessary to protect the privacy of the child.
- Extracted authority control: (k) S TAY OFCIVILACTION.—If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child ex- ists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action dur- ing the criminal proceeding is prohibited.
Authority excerpts
Most relevant extracted authority passage(d) P RIVACYPROTECTION.— (1) C ONFIDENTIALITY OF INFORMATION.—(A) A person acting in a capacity described in sub- paragraph (B) in connection with a criminal proceeding shall— (i) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to know their con- tents has access; and (ii) disclose documents described in clause (i) or the information in them that concerns a child only to persons who, by reason of their participation in the proceeding, have reason to know such information.
Extracted authority passage 2(The extent of access to grand jury materials is limited to the access routinely provided to victims and their representatives.) A guardian ad litem shall marshal and coordinate the delivery of resources and special services to the child.
Extracted authority passage 3The guardian ad litem may have access to all reports, evaluations and records, except attorney’s work product, necessary to effec- tively advocate for the child.
Extracted authority passage 4(h) G UARDIANADLITEM.— (1) I N GENERAL.—The court may appoint, and provide reasonable compensation and payment of expenses for, a guardian ad litem for a child who was a victim of, or a witness to, a crime involving abuse or exploitation to protect the best interests of the child.
Extracted authority passage 5(B) A protective order issued under subpara- graph (A) may— (i) provide that the testimony of a child witness, and the testimony of any other wit- ness, when the attorney who calls the wit- ness has reason to anticipate that the name of or any other information concerning a child may be divulged in the testimony, be taken in a closed courtroom; and (ii) provide for any other measures that may be necessary to protect the privacy of the child.
Extracted authority passage 6Judicial review of requests for informa- tion (a) The recipient of a request for records, a re- port, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or sec- tion 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does busi- ness or resides, petition for an order modifying or setting aside the request.