Chapter 113B, Section 2339B, Subsection (f) · 18 U.S.C. Chapter 113B

Contents

(f)

(1)

(A)In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to—

(i)redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure;

(ii)substitute a summary of the information for such classified documents; or

(iii)substitute a statement admitting relevant facts that the classified information would tend to prove.

(B)If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates 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.

(C)If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court.

(2)

(A)To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following:

(i)Copies of items from which classified information has been redacted.

(ii)Stipulations admitting relevant facts that specific classified information would tend to prove.

(iii)A declassified summary of the specific classified information.

(B)The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense.

(3)

(A)During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible.

(B)In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including—

(i)permitting the United States to provide the court, ex parte, with a proffer of the witness’s response to the question or line of inquiry; and

(ii)requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit.

(C)In any civil proceeding under this section, it shall be the defendant’s obligation to establish the relevance and materiality of any classified information sought to be introduced.

(4)If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5).

(5)

(A)An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court—

(i)authorizing the disclosure of classified information;

(ii)imposing sanctions for nondisclosure of classified information; or

(iii)refusing a protective order sought by the United States to prevent the disclosure of classified information.

(B)

(i)An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals.

(ii)If an appeal is of an order made prior to trial, an appeal shall be taken not later than 14 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved.

(iii)If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals—

(I)shall hear argument on such appeal not later than 4 days after the adjournment of the trial, excluding intermediate weekends and holidays;

(II)may dispense with written briefs other than the supporting materials previously submitted to the trial court;

(III)shall render its decision not later than 4 days after argument on appeal, excluding intermediate weekends and holidays; and

(IV)may dispense with the issuance of a written opinion in rendering its decision.

(C)An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial.

(6)Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 50

Show every defined term

act of war
means any act occurring in the course of—
armed conflict
has the meaning given that term in section 2332f(e)(11) of this title;
classified information
has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C.
collects
includes raising and receiving;
conduct transcending national boundaries
means conduct occurring outside of the United States in addition to the conduct occurring in the United States;
critical infrastructure
means systems and assets vital to national defense, national security, economic security, public health or safety including both regional and national infrastructure.
defendant
means—
device
means:
domestic terrorism
means activities that—
expert advice or assistance
means advice or assistance derived from scientific, technical or other specialized knowledge.
explosive
has the meaning given in section 844(j) of this title insofar that it is designed, or has the capability, to cause death, serious bodily injury, or substantial material damage;
facility of interstate or foreign commerce
has the meaning given that term in section 1958(b)(2);
Federal crime of terrorism
means an offense that—
financial institution
has the same meaning as in section 5312(a)(2) of title 31, United States Code;
financial transaction
has the same meaning as in section 1956(c)(4);
foreign terrorist organization
means an organization designated as a terrorist organization under section 219(a)(1) of the Immigration and Nationality Act.
funds
includes coin or currency of the United States or any other country, traveler’s checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;
government facility
means any permanent or temporary facility or conveyance that is used or occupied by representatives of a state, members of a government, the legislature, or the judiciary, or by officials or employees of a state or any other public authority or entity or by employees or officials of an intergovernmental organization in connection with their official duties;
infrastructure facility
means any publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, sewage, energy, fuel, or communications;
intergovernmental organization
includes international organizations;
international organization
has the meaning given that term in section 831(f)(3) 1 of this title;
international terrorism
means activities that—
material support or resources
has the same meaning given that term in section 2339A (including the definitions of “training” and “expert advice or assistance” in that section);
military forces of a state
means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;
military-type training
includes training in means or methods that can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm or other weapon, including any weapon of mass destruction (as defined in section 2232a(c)(2) 2);
national of the United States
has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;
nuclear facility
means:
nuclear material
has the meaning given that term in section 831(f)(1) 1 of this title;
other lethal device
means any weapon or device that is designed or has the capability to cause death, serious bodily injury, or substantial damage to property through the release, dissemination, or impact of toxic chemicals, biological agents, or toxins (as those terms are defined in section 178 of this title) or radiation or radioactive material;
person
means any individual or entity capable of holding a legal or beneficial interest in property;
place of public use
means those parts of any building, land, street, waterway, or other location that are accessible or open to members of the public, whether continuously, periodically, or occasionally, and encompasses any commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational, or similar place that is so accessible or open to the public;
predicate act
means any act referred to in subparagraph (A) or (B) of subsection (a)(1);
proceeds
means any funds derived from or obtained, directly or indirectly, through the commission of an offense set forth in subsection (a);
property
includes all real and personal property.
provides
includes giving, donating, and transmitting;
public transportation system
means all facilities, conveyances, and instrumentalities, whether publicly or privately owned, that are used in or for publicly available services for the transportation of persons or cargo;
radioactive material
means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and that may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;
Secretary
means the Secretary of the Treasury;
serious bodily injury
has the meaning given that term in section 1365(g)(3);
state
has the same meaning as that term has under international law, and includes all political subdivisions thereof;
state or government facility
has the meaning given that term in section 2332f(e)(3) of this title;
territorial sea of the United States
means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law;
terrorist organization
means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.
training
means instruction or teaching designed to impart a specific skill, as opposed to general knowledge;
treaty
means—
United States corporation or legal entity
means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession or district of the United States;
United States person
means any—
vessel
has the meaning given that term in section 1502(19) of title 33;
vessel of the United States
has the meaning given that term in section 70502 of title 46.
weapon of mass destruction
means—