Classified Information Procedures Act

{{Infobox U.S. legislation

| shorttitle = Classified Information Procedures Act

| othershorttitles = Classified Information Procedures Act of 1980

| longtitle = An Act to provide certain pretrial, trial, and appellate procedures for criminal cases involving classified information.

| colloquialacronym = CIPA, CICTPA

| nickname = Classified Information Criminal Trial Procedures Act

| enacted by = 96th

| effective date = October 15, 1980

| public law url = https://www.gpo.gov/fdsys/pkg/STATUTE-94/pdf/STATUTE-94-Pg2025.pdf

| cite public law = 96-456

| cite statutes at large = {{usstat|94|2025}}

| acts amended =

| acts repealed =

| title amended = 18 U.S.C.: Crimes and Criminal Procedure

| sections created = 18 U.S.C. Appendix [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sup_05_18_10_sq3.html §§ 1-16]

| sections amended =

| leghisturl = http://thomas.loc.gov/cgi-bin/bdquery/z?d096:SN01482:@@@R

| introducedin = Senate

| introducedbill = {{USBill|96|S.|1482}}

| introducedby = Joe Biden (D–DE)

| introduceddate = July 11, 1979

| committees = Senate Judiciary, House Intelligence (Permanent), House Judiciary

| passedbody1 = Senate

| passeddate1 = June 25, 1980

| passedvote1 = Passed

| passedbody2 = House

| passedas2 =

| passeddate2 = September 22, 1980

| passedvote2 = Passed, in lieu of {{USBill|96|H.R.|4736}}

| conferencedate = September 30, 1980

| passedbody3 = Senate

| passeddate3 = September 30, 1980

| passedvote3 = Agreed

| agreedbody3 =

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| agreedvote4 =

| passedbody4 = House

| passeddate4 = October 2, 1980

| passedvote4 = Agreed

| signedpresident = Jimmy Carter

| signeddate = October 15, 1980

| unsignedpresident =

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}}

The Classified Information Procedures Act or CIPA ({{USStatute|96|456|94|2025|1980|10|15}} through {{USBill|96|s.|1482}}) is codified as the third appendix to Title 18 of the U.S. Code, the title concerning crimes and criminal procedures. The U.S. Code citation is [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sup_05_18_10_sq3.html 18 U.S.C. App. III. Sections 1-16].

Legislative revision history

The hidden table below lists the acts of Congress that affected the act directly. The years in which the legislative revisions were made appear in bold text preceding the Public Laws that enacted them. The links to the codification and the section notes may provide additional information about the legislative changes, as well.

class='wikitable collapsible collapsed' style="margin: 1em auto 1em auto; background:white; color:black;" width=70%

! [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sup_05_18_10_sq3.html USC Title 18 - Appendix - Sequence III - Classified Information Procedures Act]

{| class="wikitable" width="90% border="0px" style="margin: 1em auto 1em auto; font-size:100%; text-align:left; line-height:150%"

§ 1. Definitions

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000001----000-.html 18A U.S.C. § 1] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000001----000-notes.html notes]

[Source: Added by section 1 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2025), effective October 15, 1980]

§ 2. Pretrial conference

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000002----000-.html 18A U.S.C. § 2] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000002----000-notes.html notes]

[Source: Added by section 2 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2025), effective October 15, 1980]

§ 3. Protective orders

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000003----000-.html 18A U.S.C. § 3] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000003----000-notes.html notes]

[Source: Added by section 3 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2025), effective October 15, 1980]

§ 4. Discovery of classified information by defendants

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000004----000-.html 18A U.S.C. § 4] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000004----000-notes.html notes]

[Source: Added by section 4 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2025), effective October 15, 1980]

§ 5. Notice of defendant's intention to disclose classified information

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000005----000-.html 18A U.S.C. § 5] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000005----000-notes.html notes]

[Source: Added by section 5 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2026), effective October 15, 1980]

§ 6. Procedure for cases involving classified information

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000006----000-.html 18A U.S.C. § 6] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000006----000-notes.html notes]

[Source: Added by section 6 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2026), effective October 15, 1980]

§ 7. Interlocutory appeal

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000007----000-.html 18A U.S.C. § 7] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000007----000-notes.html notes]

[Source: Added by section 7 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2028), effective October 15, 1980]

§ 8. Introduction of classified information

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000008----000-.html 18A U.S.C. § 8] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000008----000-notes.html notes]

[Source: Added by section 8 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2028), effective October 15, 1980]

§ 9. Security procedures

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000009----000-.html 18A U.S.C. § 9] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000009----000-notes.html notes]

[Source: Added by section 9 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2029), effective October 15, 1980; as amended by section 1071(f) of title I of the Act of December 17, 2004 (Pub. L. 108–-458, 118 Stat. 3691), effective April 21, 2005]

§ 9A. Coordination requirements relating to the prosecution of cases involving classified information

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000009---A000-.html 18A U.S.C. § 9A] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000009---A000-notes.html notes]

[Source: Added by section 607 of title VI of the Act of December 27, 2000 (Pub. L. 106–-567, 114 Stat. 2855), effective December 27, 2000; as amended by section 506(a)(8) of title V of the Act of March 9, 2006 (Pub. L. 109–-177, 120 Stat. 248), effective March 9, 2006]

§ 10. Identification of information related to the national defense

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000010----000-.html 18A U.S.C. § 10] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000010----000-notes.html notes]

[Source: Added by section 10 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2029), effective October 15, 1980]

§ 11. Amendments to the Act

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000011----000-.html 18A U.S.C. § 11] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000011----000-notes.html notes]

[Source: Added by section 11 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2029), effective October 15, 1980]

§ 12. Attorney General guidelines

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000012----000-.html 18A U.S.C. § 12] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000012----000-notes.html notes]

[Source: Added by section 12 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2029), effective October 15, 1980]

§ 13. Reports to Congress

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000013----000-.html 18A U.S.C. § 13] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000013----000-notes.html notes]

[Source: Added by section 13 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2030), effective October 15, 1980; as amended by section 811(b)(3) of title VIII of the Act of November 27, 2002 (Pub. L. 107–-306, 116 Stat. 2423), effective November 27, 2002]

§ 14. Functions of Attorney General may be exercised by Deputy Attorney General, the Associate Attorney General, or a designated Assistant Attorney General

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000014----000-.html 18A U.S.C. § 14] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000014----000-notes.html notes]

[Source: Added by section 14 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2030), effective October 15, 1980; as amended by section 7020(g) of title VII of the Act of November 18, 1988 (Pub. L. 100–-690, 102 Stat. 4396), effective November 18, 1988]

§ 15. Effective date

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000015----000-.html 18A U.S.C. § 15] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000015----000-notes.html notes]

[Source: Added by section 15 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2030), effective October 15, 1980]

§ 16. Short title - this Act may be cited as the "Classified Information Procedures Act".

:Codified to [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000016----000-.html 18A U.S.C. § 16] | [https://www.law.cornell.edu/uscode/html/uscode18a/usc_sec_18a_02000016----000-notes.html notes]

[Source: Added by section 16 of the Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2031), effective October 15, 1980]

The summary history of CIPA's codification through legislation:[https://www.law.cornell.edu/uscode/html/uscode18a/usc_sup_05_18_10_sq3notes.html Title 18, Appendix III Codification Source], Legal Information Institute (LII), Cornell University Law School.

:* Enacted by Public Law 96-456, Oct. 15, 1980, (94 Stat. 2025),

:* as amended by Public Law 100-690, Title VII, § 7020(g), Nov. 18, 1988, (102 Stat. 4396);

:* as added by Public Law 106-567, Title VI, § 607, Dec. 27, 2000, (114 Stat. 2855);

:* as amended by Public Law 107-306, Title VIII, § 811(b)(3), Nov. 27, 2002, (116 Stat. 2423);

:* as amended by Public Law 108-458, Title I, § 1071(f), Dec. 17, 2004, (118 Stat. 3691);

:* as amended by Public Law 109-177, Title V, § 506(a)(8), Mar. 9, 2006, (120 Stat. 248).

Applicable executive orders

:* {{Executive Order|12356}}, Apr. 06, 1982, [https://www.archives.gov/federal-register/executive-orders/1982.html#12356 47 F.R. 14874], was rescinded by

:* {{Executive Order|12958}}, Apr. 17, 1995, {{Federal Register|60|19825}}, was rescinded after amended by

::* {{Executive Order|12972}}, Sept. 18, 1995, {{Federal Register|60|48863}},

::* {{Executive Order|13142}}, Nov. 19, 1999, {{Federal Register|64|66089}},

:* {{Executive Order|13292}}, Mar. 25, 2003, {{Federal Register|68|15315}}, was rescinded by

:* {{Executive Order|13526}}, Dec. 29, 2009, {{Federal Register|75|707}} (current)

Purpose

The primary purpose of CIPA was to limit the practice of graymail by criminal defendants in possession of sensitive government secrets. "Graymail" refers to the threat by a criminal defendant to disclose classified information during the course of a trial. The graymailing defendant essentially presented the government with a "dilemma": either allow disclosure of the classified information or dismiss the indictment.

The procedural protections of CIPA protect unnecessary disclosure of classified information.[https://archive.today/20121213075450/http://thomas.loc.gov/cgi-bin/bdquery/z?d096:SN01482:@@@D&summ2=4& Congressional Research Service Summary of S.1482], 1980-09-30{{cite web

|url=http://thomas.loc.gov/cgi-bin/cpquery/R?cp110:FLD010:@1(sr442)

|title=Senate Report 110-442 - State Secrets Protection Act (Senate Judiciary Committee, 110th Congress)

|publisher=The Library of Congress

|date=2008-08-01

|accessdate=2009-04-21

|archive-date=2008-11-11

|archive-url=https://web.archive.org/web/20081111221307/http://thomas.loc.gov/cgi-bin/cpquery/R?cp110:FLD010:@1(sr442)

|url-status=dead

}}

CIPA was not intended to infringe on a defendant's right to a fair trial or to change the existing rules of evidence in criminal procedure,S. Rep. No. 96-823 at 8 and largely codified the power of district courts to come to pragmatic accommodations of the government's secrecy interests with the traditional right of public access to criminal proceedings.{{citation needed|date=February 2009}} Courts, therefore, did not radically alter their practices with the passage of CIPA; instead, the Act simply made it clear that the measures courts already were taking under their inherent case-management powers were permissible.{{citation needed|date=February 2009}}

CIPA, by its terms, covers only criminal cases. CIPA only applies when classified information is involved, as defined in the Act's Section 1.

References

Brian Z. Tamanaha, [https://heinonline.org/HOL/LandingPage?handle=hein.journals/ajcl13&div=22&id=&page= "A Critical Review of the Classified Information Procedures Act"], 13 Am. J. Cr. L. 277 (1986).

External links

{{Wikisource|Classified_Information_Procedures_Act|Classified Information Procedures Act}}

[https://www.law.cornell.edu/uscode/text/18a/compiledact-96-456 18 U.S.C. App. III. Sections 1-16], Legal Information Institute (LII), Cornell University Law School
[https://www.govinfo.gov/content/pkg/COMPS-1439/uslm/COMPS-1439.xml Classified Information Procedures Act] ([https://www.govinfo.gov/content/pkg/COMPS-1439/pdf/COMPS-1439.pdf PDF]/[https://www.govinfo.gov/app/details/COMPS-1439/ details]) as amended in the GPO [https://www.govinfo.gov/help/comps Statute Compilations collection]
[https://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm02054.htm Criminal Resource Manual 2054 Synopsis of Classified Information Procedures Act]

Category:1980 in American law

Category:Joe Biden

Category:United States federal judiciary legislation

Category:United States government secrecy