Classified Information Procedures Act

(Conference report filed in House, H. Rept. 96-1436) Classified Information Procedures Act - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information ("graymail" cases.) Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to establish a schedule for discovery requests, provision of notice and initiation of procedures provided by this Act, and to consider other matters which may promote a fair and expeditious trial. Provides that admissions made by the defense at such a conference may only be used against the defendant when reduced to writing and signed by the defendant and defense counsel. Directs the court, upon motion of the Government, to issue a protective order with respect to classified information disclosed by the United States to a defendant in any criminal case in Federal court. Permits the court, upon motion by the Government, to: (1) delete specified items of information from documents made available to the defendant through discovery; (2) substitute a summary of the information for such documents; or (3) substitute a statement admitting relevant facts the information would tend to prove. Requires, if such an order is made following an ex parte showing by the Government, that the Government's statement be sealed and preserved in the event of appeal. 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. Prohibits the defendant from disclosing such information until the Government has a reasonable opportunity to seek a determination under the procedures of this Act and appeal of such determination. Requires the court to conduct a pretrial, in camera proceeding to determine the admissibility of classified information, upon request of the Government and certification by the Attorney General that a public proceeding may result in the disclosure of classified information. Requires the Government to provide the defendant with notice of the specific classified information at issue before such proceeding is conducted, but permits the Government to describe by generic category approved by the court information which has not been previously made available to the defendant. Directs the court following such a hearing to make all determinations in writing as to the use and admissibility of each item of classified information. Allows the Government to move for a court order to substitute for classified information which has been held admissible pursuant to the above procedure: (1) a statement admitting the relevant facts such information would prove; or (2) a summary of the specified classified information. Directs the court to grant such a motion where the statement or summary will provide the defendant with substantially the same ability to make his defense. Authorizes the Government to make an ex parte written submission to the court explaining the national security sensitivity of the specific information involved. Requires the sealing and preservation for appeal of any record of an in camera proceeding where the court determines that the classified information at issue may not be disclosed at the trial or any pretrial hearing. Directs the court to order the defendant not to disclose such classified information whenever such motion is denied and the Government files an objection to such disclosure. Directs the court to then dismiss the indictment or information or, when the interests of justice would not be served by such a dismissal, order other action, including: (1) dismissal of specified counts of the indictment or information; (2) finding against the Government on any issue to which the excluded information relates; or (3) striking or precluding all or part of the testimony of a witness. Directs the court, after determining that classified information may be disclosed and unless the interest of fairness does not so require, to order the Government to provide the defendant with the information it expects to use to rebut the classified information. Authorizes the court, upon compliance of the Government to such an order to: (1) exclude any evidence not made the subject of a required disclosure; or (2) prohibit the examination by the Government of any witness with respect to such information. Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the 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. Directs that such procedures shall: (1) be submitted to the appropriate congressional committees; and (2) become effective 45 days after submission. 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. Permits the procedures prescribed by this Act to be amended by the Supreme Court in the same manner as currently provided with respect to the Federal Rules of Evidence. 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 or his designee to report orally or in writing to the congressional intelligence committees and the chairmen and ranking minority members of the judiciary committees on all cases where a decision not to prosecute has been made. Requires the Attorney General to report annually to the appropriate congressional committees on the effectiveness of this Act during its first three years and as necessary thereafter.

Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Conference report filed in House" stage on September 30, 1980. It describes the bill, it is not the legal text.

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