Page:United States Statutes at Large Volume 91.djvu/353

 PUBLIC LAW 95-78—JULY 30, 1977

91 STAT. 319

Public Law 95-78 95th Congress An Act To approve with modifications certain proposed amendments to the Federal Rules of Criminal Procedure, to disapprove other such proposed amendments, and for other related purposes.

Be it enacted 'by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the first section of the Act entitled " A n Act to delay the effective date of certain proposed amendments to the Federal Rules of Criminal Procedure and certain other rules promulgated by the United States Supreme Court" (Public Law 94-349, approved July 8, 1976) the amendments to rules 6 (e), 23, 24, 40.1, and 41(c)(2) of the Eules of Criminal Procedure for the United States district courts which are embraced by the order entered by the United States Supreme Court on April 26, 1976, shall take effect only as provided in this Act. SEC. 2. (a) The amendment proposed by the Supreme Court to subdivision (e) of rule 6 of such Rules of Criminal Prbcedure is approved in a modified form as follows: Such subdivision (e) is amended to read as follows: "(e)

SECRECY OF PROCEEDINGS AND DISCLOSURE.—

" (1) GENERAL RULE.—A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, an attorney for the Government, or any person to whom disclosure is made under paragraph (2)(A) (ii) of this subdivision shall not disclose matters occurring before the g r and jury, except as otherwise provided for in these rules. No obligation of secrecy may be imposed on any person except in accordance with this rule. A knowing violation of rule 6 may be punished as a contempt of court. "(2)

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EXCEPTIONS.—

" (A) Disclosure otherwise prohibited by this rule of matters occurring before the g r and jury, other than its deliberations and the vote of any g r and juror, may be made to— " (i) an attorney for the government for use in the performance of such attorney's d u t y; and " ( i i) such government personnel as are deemed necessary by an attorney for the government to assist an attorney for the government in the performance of such attorney's d u t y to enforce Federal criminal law. " (B) Any person to whom matters are disclosed under subparagraph (A) (ii) of this paragraph shall not utilize that g r and j u r y material for any purpose other than assisting the attorney for the government in the performance of such attorney's duty to enforce Federal criminal law. A n attorney for the government shall promptly provide the district court, before which was impaneled the g r and j u r y whose material has been so disclosed, with the names of the persons to whom such disclosure has been made. " (C) Disclosure otherwise prohibited by this rule of matters occurring before the g r and j u r y may also be made—

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July 30, 1977 [H.R. 5864]

Federal Rules of Criminal Procedure, proposed amendments. 18 USC 3771 note. 28 USC 2071 note. 18 USC app. 18 USC app.

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