Summary: H.R.4745 — 96th Congress (1979-1980)All Information (Except Text)

There is one summary for H.R.4745. Bill summaries are authored by CRS.

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Introduced in House (07/11/1979)

Classified Information Procedures Act - Sets forth pretrial, trial, and appellate procedures for criminal cases involving classified information.

Requires a court, on its own motion or on the motion of any party, to hold a pretrial conference to consider matters relating to classified information or which may promote a fair and expeditious trial.

Directs the court, upon the request of the Government, to issue a protective order with respect to any classified material disclosed to the defendant. Requires the court, upon motion of the Government, to authorize: (1) the deletion of specified items of classified information from documents to be made available to the defendant; (2) the substitution of a portion or summary of the information for such classified documents; or (3) the substitution of a statement admitting relevant facts that the classified information would tend to prove, unless the court determines that disclosure of the classified information is necessary to enable the defendant to prepare for trial.

Requires a defendant who reasonably expects to disclosed classified material in any trial or pretrial proceeding to notify the Government attorney and the court in writing.

Allows the Government upon such notification to move for an in camera proceeding, upon a demonstration in an ex parte proceeding that the disclosure of the information reasonably could be expected to cause damage to the national security in the degree required to warrant classification under the applicable Executive order, statute, or regulation. Requires the Government, prior to any in camera proceeding which is ordered, to provide the defendant with notice of the information that will be at issue.

Provides that information may not be disclosed or elicited at a pretrial or trial proceeding unless the court makes a specific, written determination that the information is relevant and material to an element of the offense or a legally cognizable defense.

Requires upon determination that the information may not be disclosed that the record of the hearing be sealed and preserved in the event of an appeal. Allows the defendant to seek reconsideration prior to or during trail.

Allows the Government, where the court permits disclosure of the information, to proffer a statement admitting for purposes of the proceeding any relevant facts such information would tend to prove or to submit a portion or summary to be used in lieu of the information. Directs the court to order such substitute to be used unless it finds that the use of the classified information is necessary to afford the defendant a fair trial.

Directs the court, upon a determination that the alternatives to full disclosure may not be used and the Government continues to object to the disclosure, to issue any order which the interests of justice require, including striking part of the testimony, declaring a mistrial, or dismissing the action.

Allows the Government to make an interlocutory appeal to a court of appeals from a decision of the district 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.

Amends the Jencks Act to allow a summary to be substituted for the statement which the Government is required to give the defense relating to testimony by Government witnesses, where portions of such statement contain classified information.