Classified Information Procedures Act
- Introduced in the Senate as S. 1482 by Joe Biden (D–DE) on July 11, 1979
- Committee consideration by Senate Judiciary, House Intelligence (Permanent), House Judiciary
- Passed the Senate on June 25, 1980 (Passed)
- Passed the House on September 22, 1980 (Passed, in lieu of H.R. 4736)
- Reported by the joint conference committee on September 30, 1980; agreed to by the Senate on September 30, 1980 (Agreed) and by the House on October 2, 1980 (Agreed)
- Signed into law by President Jimmy Carter on October 15, 1980
The Classified Information Procedures Act or CIPA (Pub. L.Tooltip Public Law (United States) 96–456, 94 Stat. 2025, enacted October 15, 1980 through 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 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.
USC Title 18 - Appendix - Sequence III - Classified Information Procedures Act | |
---|---|
The summary history of CIPA's codification through legislation:[1]
|
Applicable executive orders
- Executive Order 12356, Apr. 06, 1982, 47 F.R. 14874, was rescinded by
- Executive Order 12958, Apr. 17, 1995, 60 FR 19825, was rescinded after amended by
- Executive Order 12972, Sept. 18, 1995, 60 FR 48863,
- Executive Order 13142, Nov. 19, 1999, 64 FR 66089,
- Executive Order 13292, Mar. 25, 2003, 68 FR 15315, was rescinded by
- Executive Order 13526, Dec. 29, 2009, 75 FR 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.[2][3]
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,[4] 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] 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]
CIPA, by its terms, covers only criminal cases. CIPA only applies when classified information is involved, as defined in the Act's Section 1.
See also
- Thomas Andrews Drake (Espionage Act of 1917 case involving CIPA arguments)
- Federal Tort Claims Act
- Joseph Nacchio—Case involving CIPA arguments
- Silent witness rule—Evolved from the CIPA in the late 1900s/early 2000s
- State Secrets Protection Act
- Venona project—Problems with using decrypted Soviet messages as evidence at court
References
- ^ Title 18, Appendix III Codification Source, Legal Information Institute (LII), Cornell University Law School.
- ^ Congressional Research Service Summary of S.1482[permanent dead link], 1980-09-30
- ^ "Senate Report 110-442 - State Secrets Protection Act (Senate Judiciary Committee, 110th Congress)". The Library of Congress. 2008-08-01. Archived from the original on 2008-11-11. Retrieved 2009-04-21.
- ^ S. Rep. No. 96-823 at 8
- Brian Z. Tamanaha, "A Critical Review of the Classified Information Procedures Act", 13 Am. J. Cr. L. 277 (1986).
External links
- 18 U.S.C. App. III. Sections 1-16, Legal Information Institute (LII), Cornell University Law School
- Classified Information Procedures Act (PDF/details) as amended in the GPO Statute Compilations collection
- Criminal Resource Manual 2054 Synopsis of Classified Information Procedures Act
- v
- t
- e
- 46th President of the United States (2021–present)
- 47th Vice President of the United States (2009–2017)
- U.S. Senator from Delaware (1973–2009)
- Early life
- U.S. Senate career
- Vice presidency
- Classified Information Procedures Act
- Counterterrorism Act
- Violence Against Women Act
- Violent Crime Control and Law Enforcement Act
Appointments | |
---|---|
Legislation | |
Policies | |
Timeline |
|
U.S. Senate | |
---|---|
Vice presidential |
|
Presidential |
- Edward Francis Blewitt (great-grandfather)
- Neilia Hunter Biden (first wife)
- Jill Biden (second wife)
- James Biden (brother)
- Valerie Biden Owens (sister)
- Beau Biden (son)
- Hunter Biden (son)
- Ashley Biden (daughter)
- Howard Krein (son-in-law)
- Hallie Olivere Biden (daughter-in-law)
- Kathleen Buhle (former daughter-in-law)
- Melissa Cohen Biden (daughter-in-law)
- Naomi Biden (granddaughter)
- Dogs
- Champ
- Major
- Commander
- Cat
- Willow
- Promises to Keep
- Promise Me, Dad
- Tomorrow Will Be Different (foreword)
- Inaugural address (2021)
- Joint session of Congress (2021)
- State of the Union Address
- Warsaw speech (2022)
- Battle for the Soul of the Nation speech (2022)
- Vilnius speech (2023)
depictions
- Confirmation
- The Choice 2020
- "Intro to Political Science"
- My Son Hunter
- "One Last Ride"
- The Onion's "Diamond Joe"
- Our Cartoon President
- Saturday Night Live parodies
- Spitting Image