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1 "§ 3322. Summoning and term

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"(a) Each district court shall order a grand jury to be 3 summoned at least once in each period of eighteen months. A

4 grand jury shall serve for a term of eighteen months unless

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an order for its discharge is entered earlier by the court upon

a determination of the grand jury by majority vote that its 7 business has been completed. If, at the end of such term or

8 any extension thereof, a grand jury determines by majority

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vote that its business has not been completed, the court shall 10 enter an order extending such term for an additional period

11 of six months. No term of a grand jury so extended shall 12 exceed thirty-six months.

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"(b) If a district court within any judicial circuit fails 14 to extend the term of a grand jury upon application made by 15 the grand jury pursuant to subsection (a), or enters an order 16 for the discharge of a grand jury before it determines that it 17 has completed its business, the grand jury, upon the affrma18 tive vote of a majority of its members, may apply to the chief 19 judge of the circuit for an order for the continuance of the 20 term of the grand jury. Upon the making of any such appli21 cation by a grand jury, the term thereof shall continue until 22 the entry upon such application by the chief judge of the 23 circuit of an appropriate order in conformity with the pro24 visions of subsection (a). No term of a grand jury shall 25 extend for a period longer than thirty-six months by reason 26 of any such continuance.".

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1 (b) The item relating to section 3322, title 18, United

2 States Code, contained in the section analysis of chapter

3 215 of that title is amended to read as follows:

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"3322. Summoning and term.".

SEC. 103. (a) Section 3324, title 18, United States

5 Code, is amended to read as follows:

6 "§ 3324. Powers and duties

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"(a) Each grand jury when impaneled shall elect by

8 majority vote a foreman and a deputy foreman from among 9 its members.

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"(b) It shall be the duty of each grand jury impaneled 11 within any judicial district to inquire into each offense 12 against the criminal laws of the United States alleged to 13 have been committed within that district which is brought 14 to the attention of the grand jury by the court or by any

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16 "(c) No person shall be deprived of opportunity to 17 communicate to the foreman of a grand jury any informa18 tion concerning any such alleged offense or instance of 19 misconduct.

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“(d) Whenever a grand jury impaneled within any

21 judicial district determines by majority vote that the volume 22 of business of the grand jury exceeds the capacity of the 23 grand jury to discharge its obligations, the grand jury may 24 apply to the district court to impanel an additional grand

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1 jury for that district. Upon any such application and a 2 showing of need, such court shall order an additional grand

3 jury to be impaneled. If the district court declines to hear

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any such application, or to grant any such application after

hearing, the grand jury may apply to the chief judge of the 6 circuit for an order impaneling an additional grand jury 7 for that district. Such chief judge shall hear and determine 8 such application at the earliest practicable time, and shall 9 have jurisdiction to enter thereon such orders as may be 10 required to provide for the impaneling of an additional grand jury within the judicial district for which such application was made.

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"(e) Whenever a grand jury determines by majority vote that any attorney or investigative officer or agent appearing on behalf of the United States before the grand

jury for the presentation of evidence with respect to any matter has not performed or is not performing his duties

diligently and effectively, the grand jury may transmit to

the Attorney General in writing a statement of the reasons for such determination, together with a request for the designation by the Attorney General of another attorney or investigative officer or agent to appear before the grand jury for that purpose. Upon receipt of any such request,

the Attorney General shall promptly cause inquiry to be

made as to the merits of the allegations made by the grand

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1 jury, and take appropriate action to provide for the United 2 States prompt and effective representation before the grand 3 jury with respect to that matter.".

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(b) The item relating to section 3324, title 18, United

5 States Code, contained in the section analysis of chapter 215

6 of that title is amended to read as follows:

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"3324. Powers and duties.".

SEC. 104. (a) Chapter 215, title 18, United States

8 Code, is amended by adding at the end thereof the following

9 new section:

10 "§ 3330. Reports

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"(a) A grand jury impaneled by any district court, 12 with the concurrence of a majority of its members, may

13 submit to the court a report

"(1) concerning noncriminal misconduct, nonfeasance, or neglect in office by a public officer or employee as the basis for a recommendation of removal or disciplinary action; or

"(2) stating that after investigation of a public officer or employee it finds no misconduct, nonfeasance, or neglect in office by him, provided that such public officer or employee has requested the submission of such report; or

"(3) proposing recommendations for legislative, executive, or administrative action in the public interest based upon stated findings.

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"(b) The court to which such report is submitted shall

2 examine it and the minutes of the grand jury and, except as

3 otherwise provided in subsection (g) of this section, shall 4 make an order accepting and filing such report as a public 5 record only if the court is satisfied that it complies with the 6 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 section 3324 (b) and is supported by the preponderance of the evidence; and

"(2) when the report is submitted pursuant to paragraph (a)(1) of this section, that each person named therein was 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

(a) (2) or (a) (3) of this section, it is not critical of an identified or identifiable person.

"(c) (1) An order accepting a report pursuant to paragraph (a) (1) of this section and the report shall be sealed

by the court and shall not be filed as a public record, sub

ject to subpena or otherwise made public (A) until at least

thirty-one days after a copy of the order and report are

served upon

each public officer or employee named therein

or (B) if an appeal is taken, until the affirmance of the

order accepting the report, reversal of the order sealing the