Page:United States Statutes at Large Volume 123.djvu/2613

 123STA T . 2 59 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 reli e fwou l dp ro v ide th e ac cu s ed with su b sta n tiall y the sa m e ability to ma k e a defense as would discovery of or access to the specific classified information .‘ ‘ ( c )RECONSID E RAT ION. —A n order of a military j ud g e author - i z ingare q uest of the trial counsel to substitute , summarize, with- hold, or prevent access to classified information under this section is not subject to a motion for reconsideration by the accused, if such order was entered pursuant to an e x parte showing under this section. ‘ ‘ §94 9 p–5.Noticebya cc us e d o f i n tention to disc l ose classified info rm ation ‘‘(a) N OTICE BY ACC U SED.— ‘‘( 1 ) NOTI F ICATION OF TRIA L COUNSEL AND M ILITARY J UD G E.— I f an accused reasonably expects to disclose, or to cause the disclosure of, classified information in any manner in connection with any trial or pretrial proceeding involving the prosecution of such accused, the accused shall, within the time specified by the military judge or, where no time is speci- fied, within 30 days before trial, notify the trial counsel and the military judge in writing. S uch notice shall include a brief description of the classified information. W henever the accused learns of additional classified information the accused reason- ably expects to disclose, or to cause the disclosure of, at any such proceeding, the accused shall notify trial counsel and the military judge in writing as soon as possible thereafter and shall include a brief description of the classified informa- tion. ‘‘( 2 ) L IMITATION ON DISCLOSURE BY ACCUSED.—No accused shall disclose, or cause the disclosure of, any information known or believed to be classified in connection with a trial or pretrial proceeding until— ‘‘(A) notice has been given under paragraph (1) and ‘‘( B ) the U nited States has been afforded a reasonable opportunity to seek a determination pursuant to the proce- dure set forth in section 94 9p –6 of this title and the time for the United States to appeal such determination under section 9 5 0d of this title has expired or any appeal under that section by the United States is decided. ‘‘(b) F AILURE T O C OM P LY.—If the accused fails to comply with the requirements of subsection (a), the military judge— ‘‘(1) may preclude disclosure of any classified information not made the subject of notification; and ‘‘(2) may prohibit the examination by the accused of any witness with respect to any such information. ‘‘§ 949p– 6 . P rocedure for cases in v olvin g classified informa - tion ‘‘(a) M OTION FOR H EARING.— ‘‘(1) RE Q UEST FOR H EARING.—Within the time specified by the military judge for the filing of a motion under this section, either party may request the military judge to conduct a hearing to make all determinations concerning the use, rel- evance, or admissibility of classified information that would otherwise be made during the trial or pretrial proceeding. ‘‘(2) CONDUCT OF HEARING.—Upon a request by either party under paragraph (1), the military judge shall conduct such Deadlin e .