Classified Information Procedures Act

Summary

Classified Information Procedures Act - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information. Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to consider matters relating to classified information or which may promote a fair and expeditious trial. Directs the court, upon the request of the Government, to issue a protective order with respect to any classified material disclosed to the defendant. Requires a defendant who reasonably expects to disclose classified material in any trial or pretrial proceeding to notify the Government attorney and the court in writing. Allows the Government upon such notification to move for a hearing, to be held in chambers upon certification by the Government that classified information might be compromised in a public proceeding. Requires the Government to provide the defendant upon his or her request with a bill of particulars as to the portions of the indictment or information which the defendant identifies as related to the classified information at issue in the hearing. Directs the court following such hearing to determine in writing as to each item of classified information whether and the manner in which the information at issue may be used in a pretrial or trial proceeding. Requires upon determination by the court that the information may not be disclosed that the record of the hearing be sealed and preserved in the event of an appeal. Allows the defendant to seek reconsideration prior to or during trial. Authorizes the court to order (instead of disclosure): (1) substitution of a statement admitting relevant facts that the specific classified information would tend to prove; or (2) substitution of a summary or portion of a specific classified information. Directs the court to issue any order which is required in the interest of justice if: (1) the court determines that such alternatives to full disclosure may not be used; and (2) the Government objects to the disclosure by proper affidavit. Directs the court to order the Government to provide the defendant with information to rebut the classified information, upon a determination that classified information may be disclosed. Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the district court: (1) requiring disclosure; (2) imposing sanctions for nondisclosure; or (3) refusing a protective order by the United States to prevent disclosure. Sets forth an expedited procedure for consideration of such an appeal. Allows writings, recordings, and photographs containing classified information to be admitted into evidence without change in their classification status. Authorizes the court to take measures to prevent unnecessary disclosure of classified information in admitting such information into evidence. Directs the court, following an objection by the Government to a question or line of inquiry requiring a witness to disclose classified information not previously found to be admissible, to take suitable action to determine whether the response will safeguard against the compromise of any classified information. Directs the Chief Justice, in consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, to prescribe security procedures for protection of classified information submitted to Federal courts. Amends the Jencks Act to allow a summary to be substituted for the statement which the Government is required to give the defense relating to testimony by Government witnesses, where portions of such statement contain classified information. Requires the Government, in any prosecution in which it must establish that material relates to the national defense or constitutes classified information, to notify the defendant of the material upon which it reasonably expects to rely. Directs the Attorney General to: (1) issue guidelines specifying the factors to be used by the Department of Justice in deciding whether to prosecute a violation of Federal law in which there is a possibility that classified information will be revealed; and (2) transmit such guidelines to the appropriate congressional committees. Requires the Department to prepare written findings of the reasons for deciding not to prosecute any such decision, including specified information. Directs the Attorney General to make available all such findings to the congressional intelligence committees.

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Documents

6 official files

• Public Law (PDF)

  Public Law · EN · 16 October 1980

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• Conference report filed in House

  summary · EN · 30 September 1980

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• Passed House amended

  summary · EN · 22 September 1980

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• Passed Senate amended

  summary · EN · 25 June 1980

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• Reported to Senate with amendment(s)

  summary · EN · 18 June 1980

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• Introduced in Senate

  summary · EN · 11 July 1979

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