APPEALS BY THE UNITED STATES.

SEC. 1141. APPEALS BY THE UNITED STATES. (a) Appeals Relating to Disclosure of Classified Information.— Section 862(a)(1) (article 62(a)(1)) is amended to read as follows: “(a) (1) In a trial by court-martial in which a military judge presides and in which a punitive discharge may be adjudged, the United States may appeal the following (other than an order or ruling that is, or that amounts to, a finding of not guilty with respect to the charge or specification): 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.”.