State Secrets Protection Act

Summary

State Secrets Protection Act - Declares that in any civil action brought in federal or state court, the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before it. Sets forth the court's authority regarding the participation of counsel, appointment of a guardian ad litem to represent an absent litigant's interests, and the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party, or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question, and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Requires the court, if it determines that the privilege is not validly asserted, to issue appropriate orders regarding the disclosure of the information to a nongovernmental party and its admission at trial, with the right to an interlocutory appeal for any such orders. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal from a decision or order of a district court determining that the state secrets privilege is not validly asserted, sanctioning a refusal to provide an adequate or nonprivileged substitute, or refusing protective steps sought by the government pending the resolution of the claim of state secrets privilege.

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Timeline

1. 23 October 2013

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 23 October 2013

   Introduced

   Introduced in House

   Source: IntroReferral

3. 23 October 2013

   Introduced

   Introduced in House

   Source: IntroReferral

4. 27 January 2014

   Referred

   Referred to the Subcommittee on the Constitution and Civil Justice.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Introduced in House · 23 October 2013 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 23 October 2013

  ViewDownloadOpen at official source

• Introduced in House (PDF)

  Introduced in House · EN · 23 October 2013

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 23 October 2013

  Open at official source

Sponsors

• Rep. Nadler, Jerrold [D-NY-12] · D · Sponsor
• Rep. Petri, Thomas E. [R-WI-6] · R · Sponsor
• JOHN CONYERS · D · Sponsor
• PETER DEFAZIO · D · Sponsor
• Rep. Holt, Rush [D-NJ-12] · D · Sponsor
• Barbara Lee · D · Sponsor
• Sen. Van Hollen, Chris [D-MD] · D · Sponsor
• Rep. Lofgren, Zoe [D-CA-18] · D · Sponsor
• Rep. McClintock, Tom [R-CA-5] · R · Sponsor
• · hsju00 · Standing

Related records

No cross-record relationships stored yet.