Page:United States Statutes at Large Volume 115 Part 1.djvu/301

 PUBLIC LAW 107-56 —OCT. 26, 2001 115 STAT. 279 (1) IN GENERAL.— Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure is amended to read as follows: "(C)(i) Disclosure otherwise prohibited by this rule of matters occurring before the grand jury may also be made— "(I) when so directed by a court preliminarily to or in connection with a judicial proceeding; "(II) when permitted by a court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury; "(III) when the disclosure is made by an attorney for the government to another Federal grand jury; "(IV) when permitted by a court at the request of an attorney for the government, upon a showing that such matters may disclose a violation of State criminal law, to an appropriate official of a State or subdivision of a State for the purpose of enforcing such law; or "(V) when the matters involve foreign intelligence or counterintelligence (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 401a)), or foreign intelligence information (as defined in clause (iv) of this subparagraph), to any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official in order to assist the official receiving that information in the performance of his official duties. "(ii) If the court orders disclosure of matters occurring before the grand jury, the disclosure shall be made in such manner, at such time, and under such conditions as the court may direct. "(iii) Any Federal official to whom information is disclosed pursuant to clause (i)(V) of this subparagraph may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information. Within a reasonable time after such disclosure, an attorney for the government shall file under seal a notice with the court stating the fact that such information was disclosed and the departments, agencies, or entities to which the disclosure was made. "(iv) In clause (i)(V) of this subparagraph, the term 'foreign intelligence information' means— "(I) information, whether or not concerning a United States person, that relates to the ability of the United States to protect against— "(aa) actual or potential attack or other grave hostile acts of a foreign power or an agent of a foreign power; "(bb) sabotage or international terrorism by a foreign power or an agent of a foreign power; or "(cc) clandestine intelligence activities by an intelligence service or network of a foreign power or by an agent of foreign power; or

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