The Classified Information Procedures Act or CIPA ( Pub. L. 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 .
22-472: 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. § 1. Definitions [ Source : Added by section 1 of
44-476: A defendant's right to a fair trial or to change the existing rules of evidence in criminal procedure, 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. Courts, therefore, did not radically alter their practices with the passage of CIPA; instead, the Act simply made it clear that
66-482: Is promulgated , or given the force of law, in one of the following ways: The president promulgates acts of Congress made by the first two methods. If an act is made by the third method, the presiding officer of the house that last reconsidered the act promulgates it. Under the United States Constitution , if the president does not return a bill or resolution to Congress with objections before
88-547: Is deprecated by some dictionaries and usage authorities. However, the Bluebook requires "Act" to be capitalized when referring to a specific legislative act. The United States Code capitalizes "act". The term "act of Congress" is sometimes used in informal speech to indicate something for which getting permission is burdensome. For example, "It takes an act of Congress to get a building permit in this town." An act adopted by simple majorities in both houses of Congress
110-612: Is the threatened revelation of state secrets in order to manipulate legal proceedings. It is distinct from blackmail , which may include threats of revelation against, and manipulation of, any private individual. Graymail is used as a defense tactic, forcing the government to drop a case to avoid revealing national secrets. Graymail can occur in two ways: In the United States , the Classified Information Procedures Act of 1980, also known as
132-430: The 111th United States Congress . Public laws are also often abbreviated as Pub. L. No. X–Y. When the legislation of those two kinds are proposed, it is called public bill and private bill respectively. The word "act", as used in the term "act of Congress", is a common, not a proper noun . The capitalization of the word "act" (especially when used standing alone to refer to an act mentioned earlier by its full name)
154-419: The "Classified Information Procedures Act". [ 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: The primary purpose of CIPA was to limit the practice of graymail by criminal defendants in possession of sensitive government secrets. "Graymail" refers to
176-429: The Act [ 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 [ 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 [ Source : Added by section 13 of
198-490: 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 [ 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
220-570: The Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2025), effective October 15, 1980] § 2. Pretrial conference [ 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 [ 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 [ Source : Added by section 4 of
242-441: 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 [ 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 [ Source : Added by section 6 of
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#1732780407581264-562: The Act of October 15, 1980 (Pub. L. 96–-456; 94 Stat. 2026), effective October 15, 1980] § 7. Interlocutory appeal [ 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 [ 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 [ Source : Added by section 9 of
286-408: 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 [ Source : Added by section 607 of title VI of
308-473: 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 [ 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
330-537: 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 [ Source : Added by section 14 of
352-613: The Constitution may be declared unconstitutional by the courts. A judicial declaration that an act of Congress is unconstitutional does not remove the act from the Statutes at Large or the United States Code; rather, it prevents the act from being enforced. However, the act as published in annotated codes and legal databases is marked with annotations indicating that it is no longer good law. Graymail Graymail
374-537: The general public ( public laws ). For a bill to become an act, the text must pass through both houses with a majority, then be either signed into law by the president of the United States , be left unsigned for ten days (excluding Sundays) while Congress remains in session, or, if vetoed by the president, receive a congressional override from 2 ⁄ 3 of both houses. In the United States, acts of Congress are designated as either public laws , relating to
396-463: The general public, or private laws , relating to specific institutions or individuals. Since 1957, all Acts of Congress have been designated as "Public Law X–Y" or "Private Law X–Y", where X is the number of the Congress and Y refers to the sequential order of the bill (when it was enacted). For example, P. L. 111–5 ( American Recovery and Reinvestment Act of 2009 ) was the fifth enacted public law of
418-588: The law is accomplished by the president, or the relevant presiding officer in the case of an overridden veto, delivering the act to the archivist of the United States . The archivist provides for its publication as a slip law and in the United States Statutes at Large after receiving the act. Thereafter, the changes are published in the United States Code . Through the process of judicial review , an act of Congress that violates
440-501: The measures courts already were taking under their inherent case-management powers were permissible. CIPA, by its terms, covers only criminal cases. CIPA only applies when classified information is involved, as defined in the Act's Section 1. Act of Congress An act of Congress is a statute enacted by the United States Congress . Acts may apply only to individual entities (called private laws ), or to
462-399: 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. CIPA was not intended to infringe on
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#1732780407581484-430: The time limit expires, then the bill automatically becomes an act; however, if the Congress is adjourned at the end of this period, then the bill dies and cannot be reconsidered (see pocket veto ). If the president rejects a bill or resolution while the Congress is in session, a two-thirds vote of both houses of Congress is needed for reconsideration to be successful. Promulgation in the sense of publishing and proclaiming
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