Page:United States Statutes at Large Volume 94 Part 2.djvu/747

 PUBLIC LAW 96-456—OCT. 15, 1980

94 STAT. 2025

Public Law 96-456 96th Congress An Act To provide certain pretrial, trial, and appellate procedures for criminal cases involving classified information.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. DEFINITIONS

Oct. 15, 1980 [S. 1482]

Classified

Information Procedures Act.

1. (a) "Classified information", as used in this Act, means 18 USC app. any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in paragraph r. of section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). (b) "National security", as used in this Act, means the national defense and foreign relations of the United Stat. SECTION

PRETRIAL CONFERENCE

SEC. 2. At any time after the filing of the indictment or information, 18 USC app. any party may move for a pretrial conference to consider matters relating to classified information that may arise in connection with the prosecution. Following such motion, or on its own motion, the court shall promptly hold a pretrial conference to establish the timing of requests for discovery, the provision of notice required by section 5 of this Act, and the initiation of the procedure established by section 6 of this Act. In addition, at the pretrial conference the court ma^ consider any matters which relate to classified information or which may promote a fair and expeditious trial. No admission made by the defendant or by any attorney for the defendant at such a conference ma^ be used against the defendant unless the admission is in writing and is signed by the defendant and by the attorney for the defendant. PROTECTIVE ORDERS

SEC. 3. Upon motion of the United States, the court shall issue an 18 USC app. order to protect against the disclosure of any classified information disclosed by the United States to any defendant in any crinunal case in a district court of the United States. DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS

SEC. 4. The court, upon a sufficient showing, may authorize the 18 USC app. United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to sulratitute a 18 USC app. summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified

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