---
kind: "section"
citation: "10 U.S.C. § 949p–5"
title: "10"
title_heading: "Armed Forces"
number: "949p–5"
heading: "Notice by accused of intention to disclose classified information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/949p-5"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 47A — Military Commissions"
  - "Subchapter V — Classified Information Procedures"
---

# §949p–5. Notice by accused of intention to disclose classified information

- (a) **Notice by Accused.—**
  - (1) **Notification of trial counsel and military judge.—** If an accused reasonably expects to disclose, or to cause the disclosure of, [classified information](/usc/10/801.md?p=15) in any manner in connection with any trial or pretrial proceeding involving the prosecution of such accused, the accused shall, within the time specified by the [military judge](/usc/10/801.md?p=10) or, where no time is specified, within 30 days before trial, notify the trial counsel and the [military judge](/usc/10/801.md?p=10) in writing. Such notice shall include a brief description of the [classified information](/usc/10/801.md?p=15). Whenever the accused learns of additional [classified information](/usc/10/801.md?p=15) the accused reasonably expects to disclose, or to cause the disclosure of, at any such proceeding, the accused shall notify trial counsel and the [military judge](/usc/10/801.md?p=10) in writing as soon as possible thereafter and shall include a brief description of the [classified information](/usc/10/801.md?p=15).
  - (2) **Limitation on disclosure by accused.—** No accused shall disclose, or cause the disclosure of, any information known or believed to be classified in connection with a trial or pretrial proceeding until—
    - (A) notice has been given under [paragraph (1)](#a-1); and
    - (B) the [United States](/usc/10/101.md?p=a-1) has been afforded a reasonable opportunity to seek a determination pursuant to the procedure set forth in [section 949p–6 of this title](/usc/10/949p–6.md) and the time for the [United States](/usc/10/101.md?p=a-1) to appeal such determination under [section 950d of this title](/usc/10/950d.md) has expired or any appeal under that section by the [United States](/usc/10/101.md?p=a-1) is decided.
- (b) **Failure To Comply.—** If the accused fails to comply with the requirements of [subsection (a)](#a), the [military judge](/usc/10/801.md?p=10)—
  - (1) may preclude disclosure of any [classified information](/usc/10/801.md?p=15) not made the subject of notification; and
  - (2) may prohibit the examination by the accused of any witness with respect to any such information.

## Source credit

(Added Pub. L. 111–84, div. A, title XVIII, § 1802, Oct. 28, 2009, 123 Stat. 2593.)