S. 2533, The State Secrets Protection Act

• This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
• This bill, or a similar bill, was reintroduced in the current Congress as S. 417, The State Secrets Protection Act.

Version saved on April 22, 2008, 19:59:23, by webmaster:

S. 2533 would enact a safe, fair, and responsible state secrets privilege Act.

Detailed Summary

State Secrets Protection Act - Amends the federal judicial code to: (1) require a federal court to determine which filings, motions, and affidavits (or portions) submitted under this Act shall be submitted exparte; (2) allow a federal court to order a party to provide a redacted, unclassified, or summary substitute of a filing, motion, or affidavit to other parties; and (3) require a federal court to make decisions under this Act, taking into consideration the interests of justice and national security.

Requires any hearing under this Act to be conducted in camera. Prohibits an in camera hearing, however, based on the assertion of the state secrets privilege, if the court determines that the hearing relates only to a question of law and does not present a risk of revealing state secrets.

Allows a federal court to conduct hearings (or portions) ex parte if the court determines, following in camera review of the evidence, that the interests of justice and national security cannot adequately be protected through attorney security clearances, protective orders, sealed opinions or orders, and special masters.

Authorizes the United States to intervene in any civil action in order to protect information that may be subject to the state secrets privilege. Declares, however, that the state secrets privilege shall not constitute grounds for dismissal of a case or claim.

Prescribes procedures for: (1) determining whether evidence is protected from disclosure by the state secrets privilege; and (2) when evidence protected by the state secrets privilege is necessary for adjudication of a claim or counterclaim.

Grants courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.

Requires the Attorney General within 30 days to report in writing to Congress on any case in which the United States invokes the state secrets privilege.

Applies this Act to civil cases pending on or after the enactment of this Act.

Status of the Legislation

Latest Major Action: 4/24/2008: Senate committee/subcommittee actions. Status: Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.

Points in Favor

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Points Against

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