§ 3322. — Disclosure of certain matters occurring before grand jury.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3322]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 215--GRAND JURY
Sec. 3322. Disclosure of certain matters occurring before grand
jury
(a) A person who is privy to grand jury information--
(1) received in the course of duty as an attorney for the
government; or
(2) disclosed under rule 6(e)(3)(A)(ii) of the Federal Rules of
Criminal Procedure;
may disclose that information to an attorney for the government for use
in enforcing section 951 of the Financial Institutions Reform, Recovery
and Enforcement Act of 1989 or for use in connection with any civil
forfeiture provision of Federal law.
(b)(1) Upon motion of an attorney for the government, a court may
direct disclosure of matters occurring before a grand jury during an
investigation of a banking law violation to identified personnel of a
Federal or State financial institution regulatory agency--
(A) for use in relation to any matter within the jurisdiction of
such regulatory agency; or
(B) to assist an attorney for the government to whom matters
have been disclosed under subsection (a).
(2) A court may issue an order under paragraph (1) at any time
during or after the completion of the investigation of the grand jury,
upon a finding of a substantial need.
(c) A person to whom matter has been disclosed under this section
shall not use such matter other than for the purpose for which such
disclosure was authorized.
(d) As used in this section--
(1) the term ``banking law violation'' means a violation of, or
a conspiracy to violate--
(A) section 215, 656, 657, 1005, 1006, 1007, 1014, 1344,
1956, or 1957;
(B) section 1341 or 1343 affecting a financial institution;
or
(C) any provision of subchapter II of chapter 53 of title
31, United States Code;
(2) the term ``attorney for the government'' has the meaning
given such term in the Federal Rules of Criminal Procedure; and
(3) the term ``grand jury information'' means matters occurring
before a grand jury other than the deliberations of the grand jury
or the vote of any grand juror.
(Added Pub. L. 101-73, title IX, Sec. 964(a), Aug. 9, 1989, 103 Stat.
505; amended Pub. L. 106-102, title VII, Sec. 740, Nov. 12, 1999, 113
Stat. 1480; Pub. L. 106-185, Sec. 10, Apr. 25, 2000, 114 Stat. 217; Pub.
L. 107-273, div. C, title I, Sec. 11002, Nov. 2, 2002, 116 Stat. 1816.)
References in Text
Section 951 of the Financial Institutions Reform, Recovery and
Enforcement Act of 1989, referred to in subsec. (a), is classified to
section 1833a of Title 12, Banks and Banking.
The Federal Rules of Criminal Procedure, referred to in subsecs.
(a)(2) and (d)(2), are set out in the Appendix to this title.
Prior Provisions
A prior section 3322, act June 25, 1948, ch. 645, 62 Stat. 829,
related to the summoning of and number of grand jurors, prior to repeal
by Pub. L. 101-73, Sec. 964(a). See Rule 6(a) of the Federal Rules of
Criminal Procedure, set out in the Appendix to this title.
Amendments
2002--Subsec. (d)(1)(A). Pub. L. 107-273, Sec. 11002(1), substituted
``1344, 1956, or 1957;'' for ``or 1344; or''.
Subsec. (d)(1)(C). Pub. L. 107-273, Sec. 11002(2), (3), added
subpar. (C).
2000--Subsec. (a). Pub. L. 106-185 struck out ``concerning a banking
law violation'' after ``grand jury information'' in introductory
provisions and substituted ``any civil forfeiture provision of Federal
law'' for ``civil forfeiture under section 981 of title 18, United
States Code, of property described in section 981(a)(1)(C) of such
title'' in concluding provisions.
1999--Subsec. (b)(1). Pub. L. 106-102, Sec. 740(1), inserted
``Federal or State'' before ``financial institution'' in introductory
provisions.
Subsec. (b)(2). Pub. L. 106-102, Sec. 740(2), inserted ``at any time
during or after the completion of the investigation of the grand jury,''
after ``paragraph (1)''.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-185 applicable to any forfeiture proceeding
commenced on or after the date that is 120 days after Apr. 25, 2000, see
section 21 of Pub. L. 106-185, set out as a note under section 1324 of
Title 8, Aliens and Nationality.
Section Referred to in Other Sections
This section is referred to in section 1345 of this title.
