S.Amdt. 867

1. Adds SEC. ___. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES ACT at the end of the bill

   Adds a section

   In S. 372 · Reported to Senate

   (2) Section 207(a)(2)(B) of the Legislative Branch Appropriations Act, 1993 (44 U.S.C. 501 note) is amended by striking "National Imagery and Mapping Agency" and inserting "National Geospatial- Intelligence Agency".

   Inserted: SEC. ___. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES ACT.

   Inserted: (a) Short Title.--This section may be cited as the "Classified Information Procedures Reform Act of 2007".

   Inserted: (b) Interlocutory Appeals Under the Classified Information Procedures Act.--Section 7(a) of the Classified Information Procedures Act (18 U.S.C. App.) is amended by adding at the end "The Government's right to appeal under this section applies without regard to whether the order appealed from was entered under this Act.".

   Inserted: (c) Ex Parte Authorizations Under the Classified Information Procedures Act.--Section 4 of the Classified Information Procedures Act (18 U.S.C. App.) is amended--

   Inserted: (1) in the second sentence--

   Inserted: (A) by striking "may" and inserting "shall"; and

   Inserted: (B) by striking "written statement to be inspected" and inserting "statement to be made ex parte and to be considered"; and

   Inserted: (2) in the third sentence--

   Inserted: (A) by striking "If the court enters an order granting relief following such an ex parte showing, the" and inserting "The"; and

   Inserted: (B) by inserting "and any summary of the classified information the defendant seeks to obtain" after "text of the statement of the United States".

   Inserted: (d) Application of Classified Information Procedures Act to Nondocumentary Information.--Section 4 of the Classified Information Procedures Act (18 U.S.C. App.) is amended--

   Inserted: (1) in the section heading, by inserting ", and access to," after "of";

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   Inserted: (2) by inserting "(a) Discovery of Classified Information From Documents.--" before the first sentence; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(b) Access to Other Classified Information.--

   Inserted: "(1) If the defendant seeks access through deposition under the Federal Rules of Criminal Procedure or otherwise to nondocumentary information from a potential witness or other person which he knows or reasonably believes is classified, he shall notify the attorney for the United States and the district court in writing. Such notice shall specify with particularity the classified information sought by the defendant and the legal basis for such access. At a time set by the court, the United States may oppose access to the classified information.

   Inserted: "(2) If, after consideration of any objection raised by the United States, including any objection asserted on the basis of privilege, the court determines that the defendant is legally entitled to have access to the information specified in the notice required by paragraph (1), the United States may request the substitution of a summary of the classified information or the substitution of a statement admitting relevant facts that the classified information would tend to prove.

   Inserted: "(3) The court shall permit the United States to make its objection to access or its request for such substitution in the form of a statement to be made ex parte and to be considered by the court alone. The entire text of the statement of the United States, as well as any summary of the classified information the defendant seeks to obtain, shall be sealed and preserved in the records of the court and made available to the appellate court in the event of an appeal.

   Inserted: "(4) The court shall grant the request of the United States to substitute a summary of the classified information or to substitute a statement admitting relevant facts that the classified information would tend to prove if it finds that the summary or statement will provide the defendant with substantially the same ability to make his defense as would disclosure of the specific classified information.

   Inserted: "(5) A defendant may not obtain access to classified information subject to this subsection except as provided in this subsection. Any proceeding, whether by deposition under the Federal Rules of Criminal Procedure or otherwise, in which a defendant seeks to obtain access to such classified information not previously authorized by a court for disclosure under this subsection must be discontinued or may proceed only as to lines of inquiry not involving such classified information.".

   Original wording

   At the end, add the following:

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As printed