text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Grand Jury Reform Act of 1998''.
  
  SEC. 2. GRAND JURIES.
  
      (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure 
  is amended--
              (1) in subdivision (a), by adding at the end the following:
              ``(3) Instruction on rights, responsibilities, and 
          duties.--Upon impaneling a grand jury, the court shall instruct 
          and charge the grand jury on the rights, responsibilities, and 
          duties of the grand jury under this rule, including--
                      ``(A) the duty to inquire into criminal offenses 
                  that are alleged to have been committed within the 
                  jurisdiction;
                      ``(B) the right to call and interrogate witnesses;
                      ``(C) the right to request production of a book, 
                  paper, document, or other object, including exculpatory 
                  evidence;
                      ``(D) the necessity of finding credible evidence of 
                  each material element of the crime charged before 
                  returning a true bill;
                      ``(E) the right to request that the attorney for 
                  the government draft indictments for charges other than 
                  those originally requested by that attorney;
                      ``(F) the obligation of secrecy under subdivision 
                  (e)(2); and
                      ``(G) such other rights, responsibilities, and 
                  duties as the court determines to be appropriate.'';
              (2) in subdivision (d), by inserting ``and counsel for that 
          witness (as provided in subdivision (i))'' after ``under 
          examination'';
              (3) in subdivision (e)(2), by adding at the end the 
          following: ``The court shall have the authority to investigate 
          any violation of this paragraph, including the authority to 
          appoint counsel to investigate and report to the court 
          regarding any such violation.''; and
              (4) by adding at the end the following:
      ``(h) Notice to Witnesses.--Upon service of any subpoena requiring 
  any witness to testify or produce information at any proceeding before 
  a grand jury impaneled before a district court, the witness shall be 
  given adequate and reasonable notice of--
              ``(1) his or her right to counsel, as provided in 
          subdivision (i);
              ``(2) his or her privilege against self-incrimination;
              ``(3) the subject matter of the grand jury investigation;
              ``(4) whether his or her own conduct is under investigation 
          by the grand jury;
              ``(5) the criminal statute, the violation of which is under 
          consideration by the grand jury, if such statute is known at 
          the time of issuance of the subpoena;
              ``(6) his or her rights regarding immunity; and
              ``(7) any other rights and privileges which the court deems 
          necessary or appropriate.
      ``(i) Counsel for Grand Jury Witnesses.--
              ``(1) In general.--
                      ``(A) Right of assistance.--Each witness subpoenaed 
                  to appear and testify before a grand jury in a district 
                  court, or to produce books, papers, documents, or other 
                  objects before that grand jury, shall be allowed the 
                  assistance of counsel during such time as the witness 
                  is questioned in the grand jury room.
                      ``(B) Retention or appointment.--Counsel for a 
                  witness described in subparagraph (A)--
                              ``(i) may be retained by the witness; or
                              ``(ii) in the case of a witness who is 
                          determined by the court to be financially 
                          unable to obtain counsel, shall be appointed as 
                          provided in section 3006A of title 18, United 
                          States Code.
              ``(2) Powers and duties of counsel.--A counsel retained by 
          or appointed for a witness under paragraph (1)--
                      ``(A) shall be allowed to be present in the grand 
                  jury room only during the questioning of the witness 
                  and only to advise the witness; and
                      ``(B) shall not be permitted to address any grand 
                  juror, or otherwise participate in the proceedings 
                  before the grand jury.
              ``(3) Powers of the court.--
                      ``(A) In general.--If the court determines that 
                  counsel retained by or appointed for a witness under 
                  this subdivision has violated paragraph (2), or that 
                  such action is necessary to ensure that the activities 
                  of the grand jury are not unduly delayed or impeded, 
                  the court may remove the counsel and either appoint new 
                  counsel or order the witness to obtain new counsel.
                      ``(B) No effect on other sanctions.--Nothing in 
                  this paragraph shall be construed to affect the 
                  contempt powers of the court or the power of the court 
                  to impose other appropriate sanctions.
      ``(j) Exculpatory Evidence.--An attorney for the government shall 
  disclose to the grand jury any substantial evidence of which that 
  attorney has knowledge that directly negates the guilt of the accused. 
  Failure to disclose such evidence may be the basis for a motion to 
  dismiss the indictment, if the court determines that the evidence might 
  reasonably be expected to lead the grand jury not to indict.
      ``(k) Availability of Grand Jury Transcripts and Other 
  Statements.--
              ``(1) In general.--Subject to paragraph (2), not later than 
          10 days before trial (unless the court shall for good cause 
          determine otherwise), and after the return of an indictment or 
          the filing of any information, a defendant shall, upon request, 
          and as the court determines to be reasonable, be entitled to 
          examine and duplicate a transcript or electronic recording of--
                      ``(A) the grand jury testimony of all witnesses to 
                  be called at trial;
                      ``(B) all statements relating to the defendant's 
                  case made to the grand jury by the court, the attorney 
                  for the government, or a special attorney;
                      ``(C) all grand jury testimony or evidence which in 
                  any manner could be considered exculpatory; and
                      ``(D) all other grand jury testimony or evidence 
                  that is determined by the court to be material to the 
                  defense.
              ``(2) Exception.--The court may refuse to allow a defendant 
          to examine and duplicate a transcript or electronic recording 
          of any testimony, statement, or evidence described in paragraph 
          (1), if the court determines that such examination or 
          duplication would endanger any witness.''.
      (b) Conforming Amendments.--Section 3500(e) of title 18, United 
  States Code, is amended--
              (1) in paragraph (1), by adding ``or'' at the end;
              (2) in paragraph (2), by striking ``, or'' and inserting a 
          period; and
              (3) by striking paragraph (3).
target: Grand Jury Reform Act of 1998 - Amends rule 6 of the Federal Rules of Criminal Procedure to direct the court, upon impaneling a grand jury, to instruct and charge it on the rights, responsibilities, and duties of the grand jury.  Grants the court the authority to investigate violations under such rule, including the authority to appoint counsel to investigate and report to the court regarding violations. 
  Directs that a witness subpoenaed to testify or produce information at any proceeding before a grand jury impaneled before a district court be given reasonable notice of:  (1) the right to counsel; (2) privilege against self-incrimination; (3) the subject matter of the investigation; (4) whether the juror's conduct is under investigation; (5) the criminal statute the violation of which is under consideration (if known at the time); and (6) rights regarding immunity. 
  Allows the assistance of counsel for each witness subpoenaed to appear and testify, or to produce documents or other objects, before a grand jury in a district court during such time as the witness is questioned in the grand jury room.  Provides for the appointment of counsel in the case of a witness who is determined by the court to be financially unable to obtain counsel. 
  Sets forth provisions regarding powers and duties of counsel, powers of the court, required disclosure of exculpatory evidence, and availability of grand jury transcripts and other statements.
feat_title: Grand Jury Reform Act of 1998