Page:United States Statutes at Large Volume 94 Part 2.djvu/751

 PUBLIC LAW 96-456—OCT. 15, 1980

94 STAT. 2029

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 iestion or line of inquiry that may require the witness to disclose assified 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 clgissified 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.

S

SECURITY PROCEDURES

SEC. 9. (a) Within one hundred and twenty days of the date of the enactment of this Act, the Chief Justice of the United States, in 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, and any changes in such rules, snail be submitted to the appropriate 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.

Rules. 18 USC app.

Submittal to congressional committees.

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 sh^l 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.

Notification of defendant. 18 USC app.

AMENDMENT TO THE ACT

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

SEC. 12. (a) Within one hundred and eighty days of enactment of this Act, the Attorney General shall issue guidelmes 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 transmitted to the appropriate committees of Congress. O> When the Department of Justice decides not to prosecute a t) violation of Federal law pursuant to subsection (a), an appropriate official of the Department of Justice shall prepare written findings

Prosecution of certain violations. 18 USC app. Transmittal to congressional committees. Nonprosecution, written findings.

�