94 STAT. 2028 Appeal. Rebuttal information, disclosure. 18 USC app. 18 USC app. PUBLIC LAW 96-456-OCT. 15, 1980 the court shall order such other action, in lieu of dismissing the indictment or information, as the court determines is appropriate. Such action may include, but need not be limited to (A) dismissing specified counts of the indictment or information; (B) finding against the United States on any issue as to which the excluded classified information relates; or (C) striking or precluding all or part of the testimony of a witness. An order under this paragraph shall not take effect until the court has afforded the United States an opportunity to appeal such order under section 7, and thereafter to withdraw its objection to the disclosure of the classified information at issue. (f) RECIPROCITY.-Whenever the court determines pursuant to subsection (a) that classified information may be disclosed in connection with a trial or pretrial proceeding, the court shall, unless the interests of fairness do not so require, order the United States to provide the defendant with the information it expects to use to rebut the classified information. The court may place the United States under a continuing duty to disclose such rebuttal information. If the United States fails to comply with its obligation under this subsection, the court may exclude any evidence not made the subject of a required disclosure and may prohibit the examination by the United States of any witness with respect to such information. INTERLOCUTORY APPEAL SEC. 7. (a) An interlocutory appeal by the United States taken before or after the defendant has been placed in jeopardy shall lie to a court of appeals from a decision or order of a district court in a criminal case authorizing the disclosure of classified information, imposing sanctions for nondisclosure of classified information, or refusing a protective order sought by the United States to prevent the disclosure of classified information. (b) An appeal taken pursuant to this section either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken within ten days after the decision or order appealed from and the trial shall not commence until the appeal is resolved. If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved and the court of appeals (1) shall hear argument on such appeal within four days of the adjournment of the trial, (2) may dispense with written briefs other than the supporting materials previously submitted to the trial court, (3) shall render its decision within four days of argument on appeal, and (4) may dispense with the issuance of a written opinion in rendering its decision. Such appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a judgment of conviction, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. INTRODUCTION OF CLASSIFIED INFORMATION SEC. 8. (a) CLASSIFICATION STATUS.-Writings, recordings, and photographs containing classified information may be admitted into evidence without change in their classification status. (b) PRECAUTIONS BY COURT.-The court, in order to prevent unnec essary disclosure of classified information involved in any criminal proceeding, may order admission into evidence of only part of a PUBLIC LAW 96-456-OCT. 15, 1980 writing, recording, or photograph, or may order admission into evidence of the whole writing, recording, or photograph with excision of some or all of the classified information contained therein, unless the whole ought in fairness be considered. (c) TAKING OF TESTIMONY.-During the examination of a witness in any criminal proceeding, the United States may object to any or line of inquiry that may require the witness to disclose Classified information not previously found to be admissible. Following such an objection, the court shall take such suitable action to determine whether the response is admissible as will safeguard against the compromise of any classified information. Such action may include requiring the United States to provide the court with a proffer of the witness' response to the question or line of inquiry and requiring the defendant to provide the court with a proffer of the nature of the information he seeks to elicit. SECURITY PROCEDURES 94 STAT. 2029 SEC. 9. (a) Within one hundred and twenty days of the date of the Rules. enactment of this Act, the Chief Justice of the United States, in 18 USC app. consultation with the Attorney General, the Director of Central Intelligence, and the Secretary of Defense, shall prescribe rules establishing procedures for the protection against unauthorized disclosure of any classified information in the custody of the United States district courts, courts of appeal, or Supreme Court. Such rules, Submittal to and any changes in such rules, shall be submitted to the appropriate congressional committees of Congress and shall become effective forty-five days after such submission. (b) Until such time as rules under subsection (a) first become effective, the Federal courts shall in each case involving classified information adopt procedures to protect against the unauthorized disclosure of such information. IDENTIFICATION OF INFORMATION RELATED TO THE NATIONAL DEFENSE SEC. 10. In any prosecution in which the United States must establish that material relates to the national defense or constitutes classified information, the United States shall notify the defendant, within the time before trial specified by the court, of the portions of the material that it reasonably expects to rely upon to establish the national defense or classified information element of the offense. AMENDMENT TO THE ACT committees. Notification of defendant. 18 USC app. SEC. 11. Sections 1 through 10 of this Act may be amended as 18 USC app. provided in section 2076, title 28, United States Code. ATTORNEY GENERAL GUIDELINES certain 18 USC app. SEC. 12. (a) Within one hundred and eighty days of enactment of Prosecution of this Act, the Attorney General shall issue guidelines specifying the factors to be used by the Department of Justice in rendering a decision whether to prosecute a violation of Federal law in which, in the judgment of the Attorney General, there is a possibility that classified information will be revealed. Such guidelines shall be Transmittal to transmitted to the appropriate committees of Congress. (b) When the Department of Justice decides not to prosecute a violation of Federal law pursuant to subsection (a), an appropriate official of the Department of Justice shall prepare written findings congressional committees. written findings. Nonprosecution, 94 STAT. 2030 18 USC app. 18 USC app. 18 USC app. PUBLIC LAW 96-456-OCT. 15, 1980 detailing the reasons for the decision not to prosecute. The findings shall include (1) the intelligence information which the Department of Justice officials believe might be disclosed, (2) the purpose for which the information might be disclosed, (3) the probability that the information would be disclosed, and (4) the possible consequences such disclosure would have on the national security. REPORTS TO CONGRESS SEC. 13. (a) Consistent with applicable authorities and duties, including those conferred by the Constitution upon the executive and legislative branches, the Attorney General shall report orally or in writing semiannually to the Permanent Select Committee on Intelligence of the United States House of Representatives, the Select Committee on Intelligence of the United States Senate, and the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and House of Representatives on all cases where a decision not to prosecute a violation of Federal law pursuant to section 12(a) has been made. (b) The Attorney General shall deliver to the appropriate committees of Congress a report concerning the operation and effectiveness of this Act and including suggested amendments to this Act. For the first three years this Act is in effect, there shall be a report each year. After three years, such reports shall be delivered as necessary. FUNCTIONS OF ATTORNEY GENERAL MAY BE EXERCISED BY DEPUTY ATTORNEY GENERAL OR A DESIGNATED ASSISTANT ATTORNEY GENERAL SEC. 14. The functions and duties of the Attorney General under this Act may be exercised by the Deputy Attorney General or by an Assistant Attorney General designated by the Attorney General for such purpose and may not be delegated to any other official. EFFECTIVE DATE SEC. 15. The provisions of this Act shall become effective upon the date of the enactment of this Act, but shall not apply to any prosecution in which an indictment or information was filed before such date. SHORT TITLE SEC. 16. That this Act may be cited as the "Classified Information Procedures Act". INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982 [NOTE: For text of Act, see title VI of the National Security Act of 1947, ante page 13.] (93) |