3.0.0 4767 2023-01-11T13:31:53Z 2023-01-11T13:31:53Z House HR 2016-03-16 114 [Congressional Record Volume 162, Number 42 (Wednesday, March 16, 2016)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. NADLER:H.R. 4767.Congress has the power to enact this legislation pursuantto the following:Clause 3 of section 8 of article I of the Constitution andclause 18 of section 8 of article I of the Constitution.[Page H1420]]]> hsju00 Judiciary Committee House Standing hsju08 Crime and Federal Government Surveillance Subcommittee Referred to 2016-04-01T13:42:46Z hsju10 Constitution and Limited Government Subcommittee Referred to 2016-04-01T13:42:39Z Referred to 2016-03-16T14:02:25Z 2016-04-01 hsju08 Crime and Federal Government Surveillance Subcommittee 1 House committee actions Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Committee 2016-04-01 hsju10 Constitution and Limited Government Subcommittee 1 House committee actions Referred to the Subcommittee on the Constitution and Civil Justice. Committee 2016-03-16 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2016-03-16 Introduced in House IntroReferral Intro-H 9 Library of Congress 2016-03-16 Introduced in House IntroReferral 1000 9 Library of Congress N000002 Rep. Nadler, Jerrold [D-NY-10] JERROLD NADLER D NY 10 N M001177 Rep. McClintock, Tom [R-CA-4] Tom McClintock R CA 4 2016-03-16 True C000714 Rep. Conyers, John, Jr. [D-MI-13] JOHN CONYERS D MI 13 2016-03-16 True Law Congressional oversight Evidence and witnesses Government information and archives Intelligence activities, surveillance, classified information Judicial procedure and administration Judicial review and appeals Law 00 2016-03-16 Introduced in House 2016-04-13T19:25:33Z 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.

]]> State Secrets Protection Act Display Title State Secrets Protection Act Official Title as Introduced To provide safe, fair, and responsible procedures and standards for resolving claims of state secret privilege. Introduced in House IH Short Titles as Introduced State Secrets Protection Act Introduced in House 2016-03-16T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr4767ih/xml/BILLS-114hr4767ih.xml 2016-04-01 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.