Latest Update: Sunday, May, 11th 2008

A bill to enact a safe, fair, and responsible state secrets privilege Act.

1/22/2008--Introduced.

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.



Latest Actions
  • 04/24/2008 - Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
  • 04/24/2008 - Committee on the Judiciary. Ordered to be reported with amendments favorably.
  • 04/03/2008 - Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
  • 03/13/2008 - Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
  • 03/06/2008 - Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
  • 02/13/2008 - Committee on the Judiciary. Hearings held.
  • 01/23/2008 - Sponsor introductory remarks on measure. (CR S198-199)
  • 01/22/2008 - Read twice and referred to the Committee on the Judiciary.
Bill Text
File name Last Updated
S.2533 Introduced in Senate01/29/2008

User Comments
We need YOUR feedback! Be the first to post a comment!
Add Comment
Name (leave blank to remain annonymous)
No HTML. Comments are subject to approval. Minimum 50 characters.
Security Code - We must ask, are you human? If so, please enter the security code you see in the image.