CLASSIFIED INFORMATION PROCEDURES ACT
PL 96-456

96th Congress, Act of 15 October 1980 - 94 Stat. 2025, 18 USC APPENDIX, AS AMENDED BY PUB. L. 100-690, TITLE VII, SEC. 7020(G), NOV. 18, 1988, 102 STAT. 4396
   Sec. 1. Definitions
 
     (a) ''Classified information'', as used in this Act, means any
   information or material that has been determined by the United
   States Government pursuant to an Executive order, statute, or
   regulation, to require protection against unauthorized disclosure
   for reasons of national security and any restricted data, as
   defined in paragraph r. of section 11 of the Atomic Energy Act of
   1954 (42 U.S.C. 2014(y)).

     (b) ''National security'', as used in this Act, means the
   national defense and foreign relations of the United States.


   Sec. 2. Pretrial conference

     At any time after the filing of the indictment or information,
   any party may move for a pretrial conference to consider matters
   relating to classified information that may arise in connection
   with the prosecution.  Following such motion, or on its own motion,
   the court shall promptly hold a pretrial conference to establish
   the timing of requests for discovery, the provision of notice
   required by section 5 of this Act, and the initiation of the
   procedure established by section 6 of this Act. In addition, at the
   pretrial conference the court may consider any matters which relate
   to classified information or which may promote a fair and
   expeditious trial.  No admission made by the defendant or by any
   attorney for the defendant at such a conference may be used against
   the defendant unless the admission is in writing and is signed by
   the defendant and by the attorney for the defendant.

   Sec. 3. Protective orders

     Upon motion of the United States, the court shall issue an order
   to protect against the disclosure of any classified information
   disclosed by the United States to any defendant in any criminal
   case in a district court of the United States.

   Sec. 4. Discovery of classified information by defendants

 
     The court, upon a sufficient showing, may authorize the United
   States to delete specified items of classified information from
   documents to be made available to the defendant through discovery
   under the Federal Rules of Criminal Procedure, to substitute a
   summary of the information for such classified documents, or to
   substitute a statement admitting relevant facts that the classified
   information would tend to prove.  The court may permit the United
   States to make a request for such authorization in the form of a
   written statement to be inspected by the court alone.  If the court
   enters an order granting relief following such an ex parte showing,
   the entire text of the statement of the United States 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.
 

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

     (a) Notice by Defendant. - If a defendant reasonably expects to
   disclose or to cause the disclosure of classified information in
   any manner in connection with any trial or pretrial proceeding
   involving the criminal prosecution of such defendant, the defendant
   shall, within the time specified by the court or, where no time is
   specified, within thirty days prior to trial, notify the attorney
   for the United States and the court in writing.  Such notice shall
   include a brief description of the classified information.
   Whenever a defendant learns of additional classified information he
   reasonably expects to disclose at any such proceeding, he shall
   notify the attorney for the United States and the court in writing
   as soon as possible thereafter and shall include a brief
   description of the classified information.  No defendant shall
   disclose any information known or believed to be classified in
   connection with a trial or pretrial proceeding until notice has
   been given under this subsection and until the United States has
   been afforded a reasonable opportunity to seek a determination
   pursuant to the procedure set forth in section 6 of this Act, and
   until the time for the United States to appeal such determination
   under section 7 has expired or any appeal under section 7 by the
   United States is decided.

     (b) Failure to Comply. - If the defendant fails to comply with
   the requirements of subsection (a) the court may preclude
   disclosure of any classified information not made the subject of
   notification and may prohibit the examination by the defendant of
   any witness with respect to any such information.

   Sec. 6. Procedure for cases involving classified information

     (a) Motion for Hearing. - Within the time specified by the court
   for the filing of a motion under this section, the United States
   may request the court to conduct a hearing to make all
   determinations concerning the use, relevance, or admissibility of
   classified information that would otherwise be made during the
   trial or pretrial proceeding.  Upon such a request, the court shall
   conduct such a hearing.  Any hearing held pursuant to this
   subsection (or any portion of such hearing specified in the request
   of the Attorney General) shall be held in camera if the Attorney
   General certifies to the court in such petition that a public
   proceeding may result in the disclosure of classified information.
   As to each item of classified information, the court shall set
   forth in writing the basis for its determination.  Where the United
   States' motion under this subsection is filed prior to the trial or
   pretrial proceeding, the court shall rule prior to the commencement
   of the relevant proceeding.

     (b) Notice. - (1) Before any hearing is conducted pursuant to a

   request by the United States under subsection (a), the United
   States shall provide the defendant with notice of the classified
   information that is at issue.  Such notice shall identify the
   specific classified information at issue whenever that information
   previously has been made available to the defendant by the United
   States. When the United States has not previously made the
   information available to the defendant in connection with the case,
   the information may be described by generic category, in such forms
   as the court may approve, rather than by identification of the
   specific information of concern to the United States.

     (2) Whenever the United States requests a hearing under
   subsection (a), the court, upon request of the defendant, may order
   the United States to provide the defendant, prior to trial, such
   details as to the portion of the indictment or information at issue
   in the hearing as are needed to give the defendant fair notice to
   prepare for the hearing.

     (c) Alternative Procedure for Disclosure of Classified
   Information. - (1) Upon any determination by the court authorizing
   the disclosure of specific classified information under the
   procedures established by this section, the United States may move
   that, in lieu of the disclosure of such specific classified
   information, the court order -

       (A) the substitution for such classified information of a
     statement admitting relevant facts that the specific classified
     information would tend to prove; or

       (B) the substitution for such classified information of a
     summary of the specific classified information.

   The court shall grant such a motion of the United States if it
   finds that the statement or summary will provide the defendant with
   substantially the same ability to make his defense as would
   disclosure of the specific classified information.  The court shall
   hold a hearing on any motion under this section.  Any such hearing
   shall be held in camera at the request of the Attorney General.

     (2) The United States may, in connection with a motion under
   paragraph (1), submit to the court an affidavit of the Attorney
   General certifying that disclosure of classified information would
   cause identifiable damage to the national security of the United
   States and explaining the basis for the classification of such
   information.  If so requested by the United States, the court shall
   examine such affidavit in camera and ex parte.

     (d) Sealing of Records of In Camera Hearings. - If at the close
   of an in camera hearing under this Act (or any portion of a hearing
   under this Act that is held in camera) the court determines that
   the classified information at issue may not be disclosed or
   elicited at the trial or pretrial proceeding, the record of such in
   camera hearing shall be sealed and preserved by the court for use
   in the event of an appeal.  The defendant may seek reconsideration
   of the court's determination prior to or during trial.

     (e) Prohibition on Disclosure of Classified Information by
   Defendant, Relief for Defendant When United States Opposes
   Disclosure. - (1) Whenever the court denies a motion by the United
   States that it issue an order under subsection (c) and the United
   States files with the court an affidavit of the Attorney General
   objecting to disclosure of the classified information at issue, the
   court shall order that the defendant not disclose or cause the
   disclosure of such information.

     (2) Whenever a defendant is prevented by an order under paragraph
   (1) from disclosing or causing the disclosure of classified
   information, the court shall dismiss the indictment or information;
   except that, when the court determines that the interests of
   justice would not be served by dismissal of the indictment or
   information, the court shall order such other action, in lieu of
   dismissing the indictment or information, as the court determines
   is appropriate.  Such action may include, but need not be limited
   to -

       (A) dismissing specified counts of the indictment or
     information;

       (B) finding against the United States on any issue as to which
     the excluded classified information relates; or

       (C) striking or precluding all or part of the testimony of a
     witness.

   An order under this paragraph shall not take effect until the court
   has afforded the United States an opportunity to appeal such order
   under section 7, and thereafter to withdraw its objection to the
   disclosure of the classified information at issue.

     (f) Reciprocity. - Whenever the court determines pursuant to
   subsection (a) that classified information may be disclosed in
   connection with a trial or pretrial proceeding, the court shall,
   unless the interests of fairness do not so require, order the
   United States to provide the defendant with the information it
   expects to use to rebut the classified information.  The court may
   place the United States under a continuing duty to disclose such
   rebuttal information.  If the United States fails to comply with
   its obligation under this subsection, the court may exclude any
   evidence not made the subject of a required disclosure and may
   prohibit the examination by the United States of any witness with
   respect to such information.

   Sec. 7. Interlocutory appeal

     (a) An interlocutory appeal by the United States taken before or
   after the defendant has been placed in jeopardy shall lie to a
   court of appeals from a decision or order of a district court in a
   criminal case authorizing the disclosure of classified information,
   imposing sanctions for nondisclosure of classified information, or
   refusing a protective order sought by the United States to prevent
   the disclosure of classified information.

     (b) An appeal taken pursuant to this section either before or
   during trial shall be expedited by the court of appeals.  Prior to
   trial, an appeal shall be taken within ten days after the decision
   or order appealed from and the trial shall not commence until the
   appeal is resolved.  If an appeal is taken during trial, the trial
   court shall adjourn the trial until the appeal is resolved and the
   court of appeals (1) shall hear argument on such appeal within four
   days of the adjournment of the trial, (2) may dispense with written
   briefs other than the supporting materials previously submitted to
   the trial court, (3) shall render its decision within four days of
   argument on appeal, and (4) may dispense with the issuance of a
   written opinion in rendering its decision.  Such appeal and
   decision shall not affect the right of the defendant, in a
   subsequent appeal from a judgment of conviction, to claim as error
   reversal by the trial court on remand of a ruling appealed from
   during trial.

   Sec. 8. Introduction of classified information

     (a) Classification Status. - Writings, recordings, and
   photographs containing classified information may be admitted into
   evidence without change in their classification status.

     (b) Precautions by Court. - The court, in order to prevent
   unnecessary disclosure of classified information involved in any
   criminal proceeding, may order admission into evidence of only part
   of a writing, recording, or photograph, or may order admission into
   evidence of the whole writing, recording, or photograph with
   excision of some or all of the classified information contained
   therein, unless the whole ought in fairness be considered.

     (c) Taking of Testimony. - During the examination of a witness in
   any criminal proceeding, 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.  Following such an objection, the court shall take such
   suitable action to determine whether the response is admissible as
   will safeguard against the compromise of any classified
   information.  Such action may include requiring the United States
   to provide the court with a proffer of the witness' response to the
   question or line of inquiry and requiring the defendant to provide
   the court with a proffer of the nature of the information he seeks
   to elicit.

   Sec. 9. Security procedures

     (a) Within one hundred and twenty days of the date of the
   enactment of this Act, the Chief Justice of the United States, in
   consultation with the Attorney General, the Director of Central
   Intelligence, and the Secretary of Defense, shall prescribe rules
   establishing procedures for the protection against unauthorized
   disclosure of any classified information in the custody of the
   United States district courts, courts of appeal, or Supreme Court.
   Such rules, and any changes in such rules, shall be submitted to
   the appropriate committees of Congress and shall become effective
   forty-five days after such submission.

     (b) Until such time as rules under subsection (a) first become
   effective, the Federal courts shall in each case involving
   classified information adapt procedures to protect against the
   unauthorized disclosure of such information.


   Sec. 10. Identification of information related to the national
       defense

     In any prosecution in which the United States must establish that
   material relates to the national defense or constitutes classified
   information, the United States shall notify the defendant, within
   the time before trial specified by the court, of the portions of
   the material that it reasonably expects to rely upon to establish
   the national defense or classified information element of the
   offense.


   Sec. 11. Amendments to the Act

     Sections 1 through 10 of this Act may be amended as provided in
   section 2076, title 28, United States Code.


   Sec. 12. Attorney General guidelines

     (a) Within one hundred and eighty days of enactment of this Act,
   the Attorney General shall issue guidelines specifying the factors
   to be used by the Department of Justice in rendering a decision
   whether to prosecute a violation of Federal law in which, in the
   judgment of the Attorney General, there is a possibility that
   classified information will be revealed.  Such guidelines shall be
   transmitted to the appropriate committees of Congress.

     (b) When the Department of Justice decides not to prosecute a
   violation of Federal law pursuant to subsection (a), an appropriate
   official of the Department of Justice shall prepare written
   findings detailing the reasons for the decision not to prosecute.

   The findings shall include -

       (1) the intelligence information which the Department of
     Justice officials believe might be disclosed,

       (2) the purpose for which the information might be disclosed,

       (3) the probability that the information would be disclosed,
     and

       (4) the possible consequences such disclosure would have on the
     national security.

 

   Sec. 13. Reports to Congress

     (a) Consistent with applicable authorities and duties, including
   those conferred by the Constitution upon the executive and
   legislative branches, the Attorney General shall report orally or
   in writing semiannually to the Permanent Select Committee on
   Intelligence of the United States House of Representatives, the
   Select Committee on Intelligence of the United States Senate, and
   the chairmen and ranking minority members of the Committees on the
   Judiciary of the Senate and House of Representatives on all cases
   where a decision not to prosecute a violation of Federal law
   pursuant to section 12(a) has been made.

     (b) The Attorney General shall deliver to the appropriate
   committees of Congress a report concerning the operation and
   effectiveness of this Act and including suggested amendments to
   this Act. For the first three years this Act is in effect, there
   shall be a report each year.  After three years, such reports shall
   be delivered as necessary.

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

     The functions and duties of the Attorney General under this Act
   may be exercised by the Deputy Attorney General, the Associate
   Attorney General, or by an Assistant Attorney General designated by
   the Attorney General for such purpose and may not be delegated to
   any other official.


   Sec. 15. Effective date

     The provisions of this Act shall become effective upon the date
   of the enactment of this Act, but shall not apply to any
   prosecution in which an indictment or information was filed before
   such date.


   Sec. 16. Short title

     That this Act may be cited as the ''Classified Information
   Procedures Act''.



 

      SECURITY PROCEDURES ESTABLISHED PURSUANT TO PL 96-456, 94
      STAT. 2025, BY THE CHIEF JUSTICE OF THE UNITED STATES FOR THE
                   PROTECTION OF CLASSIFIED INFORMATION

     1. Purpose. The purpose of these procedures is to meet the
   requirements of Section 9(a) of the Classified Information
   Procedures Act of 1980, Pub. L. 96-456, 94 Stat. 2025, which in
   pertinent part provides that:

     ''. . . (T)he Chief Justice of the United States, in consultation
     with the Attorney General, the Director of Central Intelligence,
     and the Secretary of Defense, shall prescribe rules establishing
     procedures for the protection against unauthorized disclosure of
     any classified information in the custody of the United States
     district courts, courts of appeal, or Supreme Court. . . .''

   These procedures apply in all proceedings in criminal cases
   involving classified information, and appeals therefrom, before the
   United States district courts, the courts of appeal and the Supreme
   Court.

     2. Court Security Officer. In any proceeding in a criminal case
   or appeal therefrom in which classified information is within, or
   reasonably expected to be within, the custody of the court, the
   court shall designate a court security officer.  The Attorney
   General or the Department of Justice Security Officer, with the
   concurrence of the head of the agency or agencies from which the
   classified information originates, or their representatives, shall
   recommend to the court persons qualified to serve as court security
   officer.  The court security officer shall be selected from among
   those persons so recommended.

     The court security officer shall be an individual with
   demonstrated competence in security matters, and shall, prior to
   designation, have been certified to the court in writing by the
   Department of Justice Security Officer as cleared for the level and
   category of classified information that will be involved.  The
   court security officer may be an employee of the Executive Branch
   of the Government detailed to the court for this purpose.  One or
   more alternate court security officers, who have been recommended
   and cleared in the manner specified above, may be designated by the
   court as required.

     The court security officer shall be responsible to the court for
   document, physical, personnel and communications security, and
   shall take measures reasonably necessary to fulfill these
   responsibilities.  The court security officer shall notify the
   court and the Department of Justice Security Officer of any actual,
   attempted, or potential violation of security procedures.

     3. Secure Quarters. Any in camera proceeding - including a
   pretrial conference, motion hearing, or appellate hearing -
   concerning the use, relevance, or admissibility of classified
   information, shall be held in secure quarters recommended by the
   court security officer and approved by the court.

     The secure quarters shall be located within the Federal
   courthouse, unless it is determined that none of the quarters
   available in the courthouse meets, or can reasonably be made
   equivalent to, security requirements of the Executive Branch
   applicable to the level and category of classified information
   involved.  In that event, the court shall designate the facilities
   of another United States Government agency, recommended by the
   court security officer, which is located within the vicinity of the
   courthouse, as the site of the proceedings.

     The court security officer shall make necessary arrangements to
   ensure that the applicable Executive Branch standards are met and
   shall conduct or arrange for such inspection of the quarters as may
   be necessary.  The court security officer shall, in consultation
   with the United States Marshal, arrange for the installation of
   security devices and take such other measures as may be necessary
   to protect against any unauthorized access to classified
   information.  All of the aforementioned activity shall be conducted
   in a manner which does not interfere with the orderly proceedings
   of the court.  Prior to any hearing or other proceeding, the court
   security officer shall certify in writing to the court that the
   quarters are secure.

     4. Personnel Security - Court Personnel. No person appointed by
   the court or designated for service therein shall be given access
   to any classified information in the custody of the court, unless
   such person has received a security clearance as provided herein
   and unless access to such information is necessary for the
   performance of an official function.  A security clearance for
   justices and judges is not required, but such clearance shall be
   provided upon the request of any judicial officer who desires to be
   cleared.

     The court shall inform the court security officer or the attorney
   for the government of the names of court personnel who may require
   access to classified information.  That person shall then notify
   the Department of Justice Security Officer, who shall promptly make
   arrangements to obtain any necessary security clearances and shall
   approve such clearances under standards of the Executive Branch
   applicable to the level and category of classified information
   involved.  The Department of Justice Security Officer shall advise
   the court in writing when the necessary security clearances have
   been obtained.

     If security clearances cannot be obtained promptly, personnel in
   the Executive Branch having the necessary clearances may be
   temporarily assigned to assist the court.  If a proceeding is
   required to be recorded and an official court reporter having the
   necessary security clearance is unavailable, the court may request
   the court security officer or the attorney for the government to
   have a cleared reporter from the Executive Branch designated to act
   as reporter in the proceedings.  The reporter so designated shall
   take the oath of office as prescribed by 28 U.S.C. Sec. 753(a).

     Justices, judges and cleared court personnel shall not disclose
   classified information to anyone who does not have a security
   clearance and who does not require the information in the discharge
   of an official function.  However, nothing contained in these
   procedures shall preclude a judge from discharging his official
   duties, including giving appropriate instructions to the jury.

     Any problem of security involving court personnel or persons
   acting for the court shall be referred to the court for appropriate
   action.

     5. Persons Acting for the Defendant. The government may obtain
   information by any lawful means concerning the trustworthiness of
   persons associated with the defense and may bring such information
   to the attention of the court for the court's consideration in
   framing an appropriate protective order pursuant to Section 3 of
   the Act.

     6. Jury. Nothing contained in these procedures shall be construed
   to require an investigation or security clearance of the members of
   the jury or interfere with the functions of a jury, including
   access to classified information introduced as evidence in the
   trial of a case.

     After a verdict has been rendered by a jury, the trial judge
   should consider a government request for a cautionary instruction
   to jurors regarding the release or disclosure of classified
   information contained in documents they have reviewed during the
   trial.

     7. Custody and Storage of Classified Materials.

     a.  Materials Covered. These security procedures apply to all
   papers, documents, motions, pleadings, briefs, notes, records of
   statements involving classified information, notes relating to
   classified information taken during in camera proceedings, orders,
   affidavits, transcripts, untranscribed notes of a court reporter,
   magnetic recordings, or any other submissions or records which
   contain classified information as the term is defined in Section
   1(a) of the Act, and which are in the custody of the court.  This
   includes, but is not limited to (1) any motion made in connection
   with a pretrial conference held pursuant to Section 2 of the Act,
   (2) written statements submitted by the United States pursuant to
   Section 4 of the Act, (3) any written statement or written notice
   submitted to the court by the defendant pursuant to Section 5(a) of
   the Act, (4) any petition or written motion made pursuant to
   Section 6 of the Act, (5) any description of, or reference to,
   classified information contained in papers filed in an appeal,
   pursuant to Section 7 of the Act and (6) any written statement
   provided by the United States or by the defendant pursuant to
   Section 8(c) of the Act.

     b.  Safekeeping. Classified information submitted to the court
   shall be placed in the custody of the court security officer who
   shall be responsible for its safekeeping.  When not in use, the
   court security officer shall store all classified materials in a
   safe or safe-type steel file container with built-in, dial-type,
   three position, changeable combinations which conform to the
   General Services Administration standards for security containers.
   Classified information shall be segregated from other information
   unrelated to the case at hand by securing it in a separate security
   container.  If the court does not possess a storage container which
   meets the required standards, the necessary storage container or
   containers are to be supplied to the court on a temporary basis by
   the appropriate Executive Branch agency as determined by the
   Department of Justice Security Officer. Only the court security
   officer and alternate court security officer(s) shall have access
   to the combination and the contents of the container unless the
   court, after consultation with the security officer, determines
   that a cleared person other than the court security officer may
   also have access.

     For other than temporary storage (e.g., brief court recess), the
   court security officer shall insure that the storage area in which
   these containers shall be located meets Executive Branch standards
   applicable to the level and category of classified information
   involved.  The secure storage area may be located within either the
   Federal courthouse or the facilities of another United States
   Government agency.

     (c) Transmittal of Classified Information. During the pendency of
   a trial or appeal, classified materials stored in the facilities of
   another United States Government agency shall be transmitted in the
   manner prescribed by the Executive Branch security regulations
   applicable to the level and category of classified information
   involved.  A trust receipt shall accompany all classified materials
   transmitted and shall be signed by the recipient and returned to
   the court security officer.

     8. Operating Routine.

     a.  Access to Court Records. Court personnel shall have access to
   court records only as authorized.  Access to classified information
   by court personnel shall be limited to the minimum number of
   cleared persons necessary for operating purposes.  Access includes
   presence at an in camera hearing or any other proceeding during
   which classified information may be disclosed.  Arrangements for
   access to classified information in the custody of the court by
   court personnel and persons acting for the defense shall be
   approved in advance by the court, which may issue a protective
   order concerning such access.

     Except as otherwise authorized by a protective order, persons
   acting for the defendant will not be given custody of classified
   information provided by the government.  They may, at the
   discretion of the court, be afforded access to classified
   information provided by the government in secure quarters which
   have been approved in accordance with Sec. 3 of these procedures,
   but such classified information shall remain in the control of the
   court security officer.

     b.  Telephone Security. Classified information shall not be
   discussed over standard commercial telephone instruments or office
   intercommunication systems.

     c.  Disposal of Classified Material. The court security officer
   shall be responsible for the secure disposal of all classified
   materials which are not otherwise required to be retained.

     9. Records Security.

     a.  Classification Markings. The court security officer, after
   consultation with the attorney for the government, shall be
   responsible for the marking of all court documents containing
   classified information with the appropriate level of classification
   and for indicating thereon any special access controls that also
   appear on the face of the document from which the classified
   information was obtained or that are otherwise applicable.

     Every document filed by the defendant in the case shall be filed
   under seal and promptly turned over to the court security officer.
   The court security officer shall promptly examine the document and,
   in consultation with the attorney for the government or
   representative of the appropriate agency, determine whether it
   contains classified information.  If it is determined that the
   document does contain classified information, the court security
   officer shall ensure that it is marked with the appropriate
   classification marking.  If it is determined that the document does
   not contain classified information, it shall be unsealed and placed
   in the public record.  Upon the request of the government, the
   court may direct that any document containing classified
   information shall thereafter be protected in accordance with Sec. 7
   of these procedures.

     b.  Accountability System. The court security officer shall be
   responsible for the establishment and maintenance of a control and
   accountability system for all classified information received by or
   transmitted from the court.

     10. Transmittal of the Record on Appeal. The record on appeal, or
   any portion thereof, which contains classified information shall be
   transmitted to the court of appeals or to the Supreme Court in the
   manner specified in Sec. 7(c) of these procedures.

     11. Final Disposition. Within a reasonable time after all
   proceedings in the case have been concluded, including appeals, the
   court shall release to the court security officer all materials
   containing classified information.  The court security officer
   shall then transmit them to the Department of Justice Security
   Officer who shall consult with the originating agency to determine
   the appropriate disposition of such materials.  Upon the motion of
   the government, the court may order the return of the classified
   documents and materials to the department or agency which
   originated them.  The materials shall be transmitted in the manner
   specified in Sec. 7(c) of these procedures and shall be accompanied
   by the appropriate accountability records required by Sec. 9(b) of
   these procedures.

     12. Expenses. Expenses of the United States Government which
   arise in connection with the implementation of these procedures
   shall be borne by the Department of Justice or other appropriate
   Executive Branch agency.

     13. Interpretation. Any question concerning the interpretation of
   any security requirement contained in these procedures shall be
   resolved by the court in consultation with the Department of
   Justice Security Officer and the appropriate Executive Branch
   agency security officer.

     14. Term. These procedures shall remain in effect until modified
   in writing by The Chief Justice after consultation with the
   Attorney General of the United States, the Director of Central
   Intelligence, and the Secretary of Defense.

     15. Effective Date. These procedures shall become effective
   forty-five days after the date of submission to the appropriate
   Congressional Committees, as required by the Act.

     Issued this 12th day of February, 1981, after taking into account
   the views of the Attorney General of the United States, the
   Director of Central Intelligence, and the Secretary of Defense, as
   required by law.                                    Warren E. Burger
                                                   Chief Justice of the
                                                          United States