Does the FDPA require the government to submit the statutory aggravating factors to the grand jury?

the indictment."); United States v. Allen, 406 F.3d 940, 949 (8th Cir. 2005) (FDPA not unconstitutional after Ring even though it requires that the government submit the statutory aggravating factors in a notice of intent, as long as the government also submits the factors "to the grand jury for inclusion in the indictment"); United States v. Barnette, 390 F.3d 775, 789 (4th Cir. 2004) (nothing in the FDPA "restricts the government from submitting aggravating factors to the grand jury"), vacated on other grounds 546 U.S. 803 (2005).