§ 3333. — Reports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3333]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART II--CRIMINAL PROCEDURE
CHAPTER 216--SPECIAL GRAND JURY
Sec. 3333. Reports
(a) A special grand jury impaneled by any district court, with the
concurrence of a majority of its members, may, upon completion of its
original term, or each extension thereof, submit to the court a report--
(1) concerning noncriminal misconduct, malfeasance, or
misfeasance in office involving organized criminal activity by an
appointed public officer or employee as the basis for a
recommendation of removal or disciplinary action; or
(2) regarding organized crime conditions in the district.
(b) The court to which such report is submitted shall examine it and
the minutes of the special grand jury and, except as otherwise provided
in subsections (c) and (d) of this section, shall make an order
accepting and filing such report as a public record only if the court is
satisfied that it complies with the provisions of subsection (a) of this
section and that--
(1) the report is based upon facts revealed in the course of an
investigation authorized by subsection (a) of section 3332 and is
supported by the preponderance of the evidence; and
(2) when the report is submitted pursuant to paragraph (1) of
subsection (a) of this section, each person named therein and any
reasonable number of witnesses in his behalf as designated by him to
the foreman of the grand jury were afforded an opportunity to
testify before the grand jury prior to the filing of such report,
and when the report is submitted pursuant to paragraph (2) of
subsection (a) of this section, it is not critical of an identified
person.
(c)(1) An order accepting a report pursuant to paragraph (1) of
subsection (a) of this section and the report shall be sealed by the
court and shall not be filed as a public record or be subject to subpena
or otherwise made public (i) until at least thirty-one days after a copy
of the order and report are served upon each public officer or employee
named therein and an answer has been filed or the time for filing an
answer has expired, or (ii) if an appeal is taken, until all rights of
review of the public officer or employee named therein have expired or
terminated in an order accepting the report. No order accepting a report
pursuant to paragraph (1) of subsection (a) of this section shall be
entered until thirty days after the delivery of such report to the
public officer or body pursuant to paragraph (3) of subsection (c) of
this section. The court may issue such orders as it shall deem
appropriate to prevent unauthorized publication of a report.
Unauthorized publication may be punished as contempt of the court.
(2) Such public officer or employee may file with the clerk a
verified answer to such a report not later than twenty days after
service of the order and report upon him. Upon a showing of good cause,
the court may grant such public officer or employee an extension of time
within which to file such answer and may authorize such limited
publication of the report as may be necessary to prepare such answer.
Such an answer shall plainly and concisely state the facts and law
constituting the defense of the public officer or employee to the
charges in said report, and, except for those parts thereof which the
court determines to have been inserted scandalously, prejudiciously, or
unnecessarily, such answer shall become an appendix to the report.
(3) Upon the expiration of the time set forth in paragraph (1) of
subsection (c) of this section, the United States attorney shall deliver
a true copy of such report, and the appendix, if any, for appropriate
action to each public officer or body having jurisdiction,
responsibility, or authority over each public officer or employee named
in the report.
(d) Upon the submission of a report pursuant to subsection (a) of
this section, if the court finds that the filing of such report as a
public record may prejudice fair consideration of a pending criminal
matter, it shall order such report sealed and such report shall not be
subject to subpena or public inspection during the pendency of such
criminal matter, except upon order of the court.
(e) Whenever the court to which a report is submitted pursuant to
paragraph (1) of subsection (a) of this section is not satisfied that
the report complies with the provisions of subsection (b) of this
section, it may direct that additional testimony be taken before the
same grand jury, or it shall make an order sealing such report, and it
shall not be filed as a public record or be subject to subpena or
otherwise made public until the provisions of subsection (b) of this
section are met. A special grand jury term may be extended by the
district court beyond thirty-six months in order that such additional
testimony may be taken or the provisions of subsection (b) of this
section may be met.
(f) As used in this section, ``public officer or employee'' means
any officer or employee of the United States, any State, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession
of the United States, or any political subdivision, or any department,
agency, or instrumentality thereof.
(Added Pub. L. 91-452, title I, Sec. 101(a), Oct. 15, 1970, 84 Stat.
924.)
Section Referred to in Other Sections
This section is referred to in sections 3331, 3334 of this title.
