Page:United States Statutes at Large Volume 110 Part 1.djvu/491

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PUBLIC LAW 104-106—FEB. 10, 1996 110 STAT. 467 "(A) An order or ruling of the military judge which terminates the proceedings with respect to a charge or specification. "(B) An order or ruling which excludes evidence that is substantial proof of a fact material in the proceeding. "(C) An order or ruling which directs the disclosure of classified information. "(D) An order or ruling which imposes sanctions for nondisclosure of classified information. "(E) A refusal of the military judge to issue a protective order sought by the United States to prevent the disclosure of classified information. "(F) A refusal by the military judge to enforce an order described in subparagraph (E) that has previously been issued by appropriate authority.". (b) DEFINITIONS.— Section 801 (article 1) is amended by inserting after paragraph (14) the following new paragraphs: "(15) The term 'classified information' means (A) any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security, and (B) any restricted data, as defined in section ll(y) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)). "(16) The term 'national security' means the national defense and foreign relations of the United States.". SEC. 1142. REPEAL OF TERMINATION OF AUTHORITY FOR CfflEF JUS- TICE OF THE UNITED STATES TO DESIGNATE ARTICLE HI JUDGES FOR TEMPORARY SERVICE ON COURT OF APPEALS FOR THE ARMED FORCES. Subsection (i) of section 1301 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 10 U.S.C. 942 note) is repealed. Subtitle E—Other Matters SEC. 1151. ADVISORY COMMITTEE ON CRIMINAL LAW JURISDICTION 10 USC 802 note. OVER CIVILIANS ACCOMPANYING THE ARMED FORCES IN TIME OF ARMED CONFLICT. (a) ESTABLISHMENT. — Not later than 45 days after the date of the enactment of this Act, the Secretary of Defense and the Attorney General shall jointly appoint an advisory committee to review and make recommendations concerning the appropriate forum for criminal jurisdiction over civilians accompanying the Armed Forces in the field outside the United States in time of armed conflict. "^ (b) MEMBERSHIP. —The committee shall be composed of at least five individuals, including experts in military law, international law, and Federal civilian criminal law. In making appointments to the committee, the Secretary and the Attorney General shall ensure that the members of the committee reflect diverse experiences in the conduct of prosecution and defense functions. (c) DUTIES. —The committee shall do the following: (1) Review historical experiences and current practices concerning the use, training, discipline, and functions of civilians accompanying the Armed Forces in the field.