Classified Information Criminal Trial Procedures Act
PL 96-456 (S.1482), enacted 10/15/1980

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 
Oct. 15, 1980 
involving classified information. 
[S. 1482] 
Be it enacted hy the Senate and House of Representatives of the 
United States of 
America in Congress assembled. 
Classified 
Iniormation 
Procedures Act. 
DEFINITIONS 
SECTION 1. (a) "Classified information", as used in this Act, means 1
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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^. 
PRETRIAL CONFERENCE 
SEC. 2. At any time after the filing of 
the indictment or information, 1
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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 use 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 1
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United States to delete specified items of classified iniormation from 
documents to be made available to the defendant through discovery 
under the Federal Rules of Criminal Procedure, to sulratitute a i8 use app. 
summary of the information for such classified documents, or to 
substitute a statement admitting relevant facts that the classified 
94 STAT. 2026 
PUBLIC LAW 96-456—OCT. 15, 1980 
information would tend to prove. The court may permit the United 
States to make a request for such authorization in the form of a 
written statement to be inspected by the court alone. If the court 
enters an order granting relief following such an ex parte showing, 
the entire text of the statement of the United States shall be sealed 
and preserved in the records of the court to be made available to the 
appellate court in the event of an appeal. 
NOTICE OP D E F E N D A N T ' S INTENTION TO DISCLOSE CLASSIFIED 
INFORMATION 
isuscapp. 
SEC. 5. (a) NOTICE BY DEFENDANT.—If a defendant 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 criminal prosecution of such defendant, the defendant 
shall, within the time specified by the court or, where no time is 
specified, within thirty days prior to trial, notify the attorney for the 
United States and the court in writing. Such notice shall include a 
brief description of the classified information. Whenever a defendant 
learns of additional classified information he reasonably expects to 
disclose at any such proceeding, he shall notify the attorney for the 
United States and the court in writing as soon as possible thereafter 
and shall include a brief description of the classified information. No 
defendant shall disclose any information known or believed to be 
classified in connection with a trial or pretrial proceeding until nQtice 
has been given under this subsection and until the United States has 
been afforded a reasonable opportunity to seek a determination 
pursuant to the procedure set forth in section 6 of this Act, and until 
the time for the United States to appeal such determination under 
section 7 has expired or any appeal under section 7 by the United 
States is decided. 
Go) FAILURE TO COMPLY.—If the defendant fails to comply with the 
requirements of subsection (a) the court may preclude disclosure of 
any classified information not made the subject of notification and 
may prohibit the examination by the defendant of any witness with 
respect to any such information. 
Information use, 
relevance, or 
admissibility. 
18 u s e app. 
Information at 
issue, 
identification. 
PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION 
SEC. 6. (a) MOTION FOR HEARING.—Within the time specified by the 
court for the filing of a motion under this section, the United States 
may request the court to conduct a hearing to make all determina-
tions concerning the use, relevance, or admissibility of classified 
information that would otherwise be made during the trial or pretrial 
proceeding. Upon such a request, the court shall conduct such a 
hearing. Any hearing held pursuant to this subsection (or any portion 
of such hearing specified in the request of the Attorney General) shall 
be held in camera if the Attorney CJeneral certifies to the court in 
such petition that a public proceeding may result in the disclosure of 
classified information. As to each item of classified information, the 
court shall set forth in writing the basis for its determination. Where 
the United States' motion under this subsection is filed prior to the 
trial or pretrial proceeding, the court shall rule prior to the com-
mencement of the relevant proceeding. 
OJ) NOTICE.—(1) Before any hearing is conducted pursuant to a 
request by the United States under subsection (a), the United States 
shall provide the defendant with notice of the classified information 
that is at issue. Such notice shall identify the specific classified 
PUBLIC LAW 96-456—OCT. 15, 1980 
94 STAT. 2027 
information at issue whenever that information previously has been 
made available to the defendant by the United States. When the 
United States has not previously made the information available to 
the defendant in connection with the case, the information may be 
described by generic category, in such form as the court may approve, 
rather than by identification of the specific information of concern to 
the United States. 
(2) Whenever the United States requests a hearing under subsec-
tion (a), the court, upon request of the defendant, may order the 
United States to provide the defendant, prior to trial, such details as 
to the portion of the indictment or information at issue in the hearing 
as are needed to give the defendant fair notice to prepare for the 
hearing. 
(c) ALTERNATIVE PROCEDURE FOR DISCLOSURE OF CLASSIFIED INFOR-
MATION.—(1) Upon any determination by the court authorizing the 
disclosure of specific classified information under the procedures 
established by this section, the United States may move that, in lieu 
of the disclosure of such specific classified information, the court 
order— 
(A) the substitution for such classified information of a 
statement admitting relevant facts that the specific classified 
information would tend to prove; or 
(B) the substitution for such classified information of a sum-
mary of the specific classified information. 
The court shall grant such a motion of the United States if it finds 
that the statement or summary will provide the defendant with 
substantially the same ability to make his defense as would disclosure 
of the specific classified information. The court shall hold a hearing 
on £my motion under this section. Any such hearing shedl be held in 
camera at the request of the Attorney General. 
(2) The United States may, in connection with a motion under 
paragraph (1), submit to the court an affidavit of the Attorney 
General certifying that disclosure of classified information would 
cause identifiable damage to the national security of the United 
States and explaining the basis for the classification of such informa-
tion. If so requested by the United States, the court shall examine 
such affidavit in camera and ex parte. 
(d) SEALING OF RECORDS OF IN CAMERA HEARINGS.—If at the close of 
an in camera hearing under this Act (or any portion of a hearing 
under this Act that is held in camera) the court determines that the 
classified information at issue may not be disclosed or elicited at the 
trial or pretrial proceeding, the record of such in camera hearing 
shall be sealed and preserved by the court for use in the event of an 
appeal. The defendant may seek reconsideration of the court's deter-
mination prior to or during trial. 
(e) PROHIBITION ON DISCLOSURE OF CLASSIFIED INFORMATION BY 
DEFENDANT, RELIEF FOR DEFENDANT WHEN UNITED STATES OPPOSES 
DisciX)SURE.—(1) Whenever the court denies a motion by the United 
States that it issue an order under subsection (c) and the United 
States files with the court an afQdavit of the Attorney General 
objecting to disclosure of the classified information at issue, the court 
shall order that the defendant not disclose or cause the disclosure of 
such information. 
(2) Whenever a defendant is prevented by an order under para-
graph (1) from disclosing or causing the disclosure of classified 
information, the court shall dismiss the indictment or information; 
except that, when the court determines that the interests of justice 
would not be served by dismissal of the indictment or information. 
Hearing. 
National 
security damage, 
certification. 
Indictment or 
information, 
dismissal. 
94 STAT. 2028 
PUBLIC LAW 96-456—OCT. 15, 1980 
Appeed. 
Rebuttal 
information, 
disclosure. 
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 connec-
tion with a trial or pretried 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 subsec-
tion, 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 
isuscapp. 
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 sheill 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 
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SEC. 8. (a) CLASSIFICATION STATUS.—Writings, recordings, and pho-
tographs 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 
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 
S
iestion or line of inquiry that may require the witness to disclose 
assified information not previously found to be admissible. Follow-
ing 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. 
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 dis-
closure 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 u s e 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 u s e app. 
AMENDMENT TO THE ACT 
SEC. 11. Sections 1 through 10 of this Act may be amended as 1
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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
t
>
) 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 
Prosecution of 
certain 
violations. 
18 u s e app. 
Transmittal to 
congressional 
committees. 
Nonprosecution, 
written findings. 
94 STAT. 2030 
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 
nationed security. 
REPORTS TO CONGRESS 
iSUSCapp. 
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 Intelli-
gence 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 commit-
tees 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 
1
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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 
1
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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. 
PUBLIC LAW 96-456—OCT. 15, 1980 
94 STAT. 2031 
SHOBT TITLE 
SEC. 16. That this Act may be cited as the "Classified Information is use app. 
Procedures Act". 
Approved October 15, 1980. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-831, Pt. I (Permanent Select Comm. on Intelligence) and 
Pt. II (Comm. on the Judiciary) both accompanying H.R. 4736; 
and No. 96-1436 (Comm. of Conference). 
SENATE REPORT No. 96-823 (Comm. on Judiciary). 
CONGRESSIONAL RECORD, Vol. 126 (1980): 
June 25, considered and passed Senate. 
Sept. 22, H.R. 4736 considered and passed House; passage vacated and S. 1482, 
amended, passed in lieu. 
Sept. 30, Senate agreed to conference report. 
Oct. 2, House agreed to conference report. 
79-194 
O—81—pt. 2 
48 : QL3