118 STAT. 3760 PUBLIC LAW 108–458—DEC. 17, 2004 criminal history record repositories, the National Crime Prevention and Privacy Compact Council, appropriate representatives of private industry, and representatives of labor, as determined appropriate by the Attorney General. Subtitle F—Grand Jury Information Sharing SEC. 6501. GRAND JURY INFORMATION SHARING. (a) RULE AMENDMENTS.—Rule 6(e) of the Federal Rules of Criminal Procedure is amended— (1) in paragraph (3)— (A) in subparagraph (A)(ii), by striking ‘‘or state sub- division or of an Indian tribe’’ and inserting ‘‘, state subdivi- sion, Indian tribe, or foreign government’’; (B) in subparagraph (D)— (i) by inserting after the first sentence the fol- lowing: ‘‘An attorney for the government may also dis- close any grand jury matter involving, within the United States or elsewhere, a threat of attack or other grave hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or ter- rorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by its agent, to any appropriate Federal, State, State subdivision, Indian tribal, or foreign government official, for the purpose of preventing or responding to such threat or activities.’’; and (ii) in clause (i)— (I) by striking ‘‘federal’’; and (II) by adding at the end the following: ‘‘Any State, State subdivision, Indian tribal, or foreign government official who receives information under Rule 6(e)(3)(D) may use the information only con- sistent with such guidelines as the Attorney Gen- eral and the Director of National Intelligence shall jointly issue.’’; and (C) in subparagraph (E)— (i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (ii) by inserting after clause (ii) the following: ‘‘(iii) at the request of the government, when sought by a foreign court or prosecutor for use in an official criminal investigation;’’; and (iii) in clause (iv), as redesignated— (I) by striking ‘‘state or Indian tribal’’ and inserting ‘‘State, Indian tribal, or foreign’’; and (II) by striking ‘‘or Indian tribal official’’ and inserting ‘‘Indian tribal, or foreign government offi- cial’’; and (2) in paragraph (7), by inserting ‘‘, or of guidelines jointly issued by the Attorney General and the Director of National Intelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’. (b) CONFORMING AMENDMENT.—Section 203(c) of Public Law 107–56 (18 U.S.C. 2517 note) is amended by striking ‘‘Rule 6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’. 18 USC app. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00294 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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