* Proposed Legislation: The CIPA Reform and Improvement Act (“CRIA”, S. 4050)
Senator Cardin has introduced a bill to update and reform CIPA. The full text is attached, as is a page from the Congressional Record containing the introductory comments explaining the bill. The key passage summarizing the bill’s aims:
“…I am introducing the CIPA Reform and Improvement Act, CRIA, of 2010. CRIA contains reforms and improvements to ensure that the statute maintains the proper balance between the protection of classified sources, methods and information, and a defendant’s constitutional rights. Among other things, this legislation, which includes the applicable changes that the Congress made when it enacted the Military Commissions Act of 2009, will codify, clarify, and unify Federal case law interpreting CIPA; ensure that all classified information, not just documents, will be governed by CIPA; ensure that prosecutors and defense attorneys will be able to fully inform trial courts about classified information issues; and will clarify that the civil state secrets privilege does not apply in criminal cases. CRIA will also ensure high-level DOJ approval before the government invokes its classified information privilege in criminal cases and will ensure that the Federal courts will order the disclosure and use of classified information when the disclosure and use meets the applicable legal standards. This legislation will also ensure timely appellate review of lower court CIPA decisions before the commencement of a trial, explicitly permit trial courts to adopt alternative procedures for the admission of classified information in accordance with a defendant’s fair trial and due process rights, and make technical fixes to ensure consistent use of terms throughout the statute.”