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Title 10, Armed ForcesRelease 119-110

§949p–1 Protection of Classified Information: Applicability of Subchapter

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47A — MILITARY COMMISSIONS › SUBCHAPTER V — CLASSIFIED INFORMATION PROCEDURES › § 949p–1

Last updated Sep 22, 2026|Official source

Summary

Classified information harmful to national security must stay secret. A military judge may not release it to unauthorized people. Any evidence admitted must be given to the accused. Trial counsel must try to declassify evidence with the original classification authorities; that refusal is not reviewable by military commission or appeal. Court readings of CIPA (18 U.S.C. App.) govern unless inconsistent with this chapter.

Full Legal Text

Title 10, §949p–1

Armed Forces, Source: USLM XML via OLRC

(a)Protection of Classified Information.—
Classified information shall be protected and is privileged from disclosure if disclosure would be detrimental to the national security. Under no circumstances may a military judge order the release of classified information to any person not authorized to receive such information.
(b)Access to Evidence.—
Any information admitted into evidence pursuant to any rule, procedure, or order by the military judge shall be provided to the accused.
(c)Declassification.—
Trial counsel shall work with the original classification authorities for evidence that may be used at trial to ensure that such evidence is declassified to the maximum extent possible, consistent with the requirements of national security. A decision not to declassify evidence under this section shall not be subject to review by a military commission or upon appeal.
(d)Construction of Provisions.—
The judicial construction of the Classified Information Procedures Act (18 U.S.C. App.) shall be authoritative in the interpretation of this subchapter, except to the extent that such construction is inconsistent with the specific requirements of this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Classified Information Procedures Act, referred to in subsec. (d), is Pub. L. 96–456, Oct. 15, 1980, 94 Stat. 2025, which is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Reference

Citations & Metadata

Citation

10 U.S.C. § 949p–1

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110