[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4224 Introduced in House (IH)]






104th CONGRESS
  2d Session
                                H. R. 4224

  To provide for a 3-judge division of the court to determine whether 
cases alleging breach of secret Government contracts should be tried in 
                                 court.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1996

  Mr. Traficant (for himself and Mr. Dornan) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for a 3-judge division of the court to determine whether 
cases alleging breach of secret Government contracts should be tried in 
                                 court.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ASSIGNMENT OF JUDGES TO 3-JUDGE DIVISION.

    (a) Assignment of Judges.--The Chief Justice of the United States 
shall assign 3 circuit court judges or justices (which may include 
senior judges or retired justices) to a division of the United States 
Court of Appeals for the District of Columbia for the purpose of 
determining whether an action brought by a person, including a foreign 
national, in a court of the United States of competent jurisdiction for 
compensation for services performed for the United States pursuant to a 
secret Government contract may be tried by the court. The division of 
the court may not determine that the case cannot be heard solely on the 
basis of the nature of the services to be provided under the contract.
    (b) Assignment and Terms.--Not more than 1 justice or judge or 
senior or retired judge may be assigned to the division of the court 
from a particular court. Judges and justices shall be assigned to the 
division of the court for periods of 2 years each, the first of which 
shall commence on the date of the enactment of this Act.
    (c) Factors in Division's Deliberations.--In deciding whether an 
action described in subsection (a) should be tried by the court, the 
division of the court shall determine whether the information that 
would be disclosed in adjudicating the action would do serious damage 
to the national security of the United States or would compromise the 
safety and security of intelligence sources inside or outside the 
United States. If the division of the court determines that the case 
may be heard, the division may prescribe steps that the court in which 
the case is to be heard shall take to protect the national security of 
the United States and intelligence sources and methods, which may 
include holding the proceedings in camera.
    (d) Referral of Cases.--In any case in which an action described in 
subsection (a) is brought and otherwise complies with applicable 
procedural and statutory requirements, the court shall forthwith refer 
the case to the division of the court.
    (e) Effect of Division's Determination.--If the division of the 
court determines under this section that an action should be tried by 
the court, that court shall proceed with the trial of the action, 
notwithstanding any other provision of law.
    (f) Other Judicial Assignments Not Barred.--Assignment of a justice 
or judge to the division of the court under subsection (a) shall not be 
a bar to other judicial assignments during the 2-year term of such 
justice or judge.
    (g) Vacancies.--Any vacancy in the division of the court shall be 
filled only for the remainder of the 2-year period within which such 
vacancy occurs and in the same manner as the original appointment was 
made.
    (h) Support Services.--The Clerk of the United States Court of 
Appeals for the District of Columbia Circuit shall serve as the clerk 
of the division of the court and shall provide such services as are 
needed by the division of the court.
    (i) Definitions.--For purposes of this section--
            (1) the term ``secret Government contract'' means a 
        contract, whether express or implied, that is entered into with 
        a member of the intelligence community, to perform activities 
        subject to the reporting requirements of title V of the 
        National Security Act of 1947 (50 U.S.C. 413 and following); 
        and
            (2) the term ``member of the intelligence community'' means 
        any entity in the intelligence community as defined in section 
        3(4) of the National Security Act of 1947 (50 U.S.C. App. 
        401a(4)).

SEC. 2. APPLICABILITY.

    (a) In General.--Section 1 applies to claims arising on or after 
December 1, 1976.
    (b) Waiver of Statute of Limitations.--With respect to any claim 
arising before the enactment of this Act which would be barred because 
of the requirements of section 2401 or 2501 of title 28, United States 
Code, those sections shall not apply to an action brought on such claim 
within 2 years after the date of the enactment of this Act.
                                 <all>