HR 4767 · 114th Congress 2015–2017, ended

State Secrets Protection Act

Fact sheet

Latest action · Apr 1, 2016 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 16, 2016
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

State Secrets Protection Act

This bill declares that the government has a privilege to refuse to give information and to prevent any person from giving information in civil actions in federal or state courts 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.

Courts must take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before them.

The bill 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. The bill also provides standards for the court to order the government to produce adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information.

The government may: (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.

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.

The bill establishes procedures and a standard for assessing the privilege claim.

If the court determines that the privilege is not validly asserted, the court must 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. The bill prohibits such disclosure or admission if the privilege is determined valid.

Courts of appeal are provided 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.

Cosponsors 2

Members who signed on, in the order they did. All signed on Mar 16, 2016.

SeatCosponsorSigned on
D-MIJohn Conyers, Jr.OriginalMar 16, 2016
R-CATom McClintockOriginalMar 16, 2016

Actions 4

Everything that happened, newest first.

  1. Apr 1, 2016Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
  2. Apr 1, 2016Referred to the Subcommittee on the Constitution and Civil Justice.
  3. Mar 16, 2016Introduced in House
  4. Mar 16, 2016Referred to the House Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Law.

Text 1

Each version as it was printed, newest first.

  1. Mar 16, 2016Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.