State Secret Protection Act of 2008

To provide safe, fair, and responsible procedures and standards for resolving claims of state secret privilege.

3/13/2008--Introduced.
State Secret Protection Act of 2008 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give evidence and to prevent any person from giving evidence only if the government shows that public disclosure of the evidence 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. Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it. Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged evidence. Allows the government to:
(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. Provides that 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. Establishes procedures and a standard for assessing the privilege claim. Allows disclosure of an item of evidence to a nongovernmental party, or admission at trial, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.


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Sponsor

• Rep. Jerrold Nadler [D, NY-8]
• and 8 Co-Sponsors
  • Rep. Frederick Boucher [D, VA-9]
  • Rep. John Conyers [D, MI-14]
  • Rep. Peter DeFazio [D, OR-4]
  • Rep. William Delahunt [D, MA-10]
  • Rep. Lloyd Doggett [D, TX-25]
  • Rep. Barney Frank [D, MA-4]
  • Rep. Alcee Hastings [D, FL-23]
  • Rep. Thomas Petri [R, WI-6]
  close

Committees

• House Judiciary
• 1 more
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.5607

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 13, 2008

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All Bill Actions

• Jul 25, 2008: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
• Introduced on Mar 13, 2008.
• Mar 13, 2008: Referred to the House Committee on the Judiciary.
• Mar 13, 2008: Sponsor introductory remarks on measure. (CR E392)

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Related Issue Areas:

• Law
• Actions and defenses
• Appellate courts
• Armed forces
• 10 more
• Civil procedure
• Classified defense information
• Defense policy
• Evidence (Law)
• Government information
• Intelligence activities
• Jurisdiction
• Official secrets
• Parties to actions
• Privileges and immunities

Data from the Congressional Research Service

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In the News

August 01, 2008 ACLU Testifies Asking Congress To Narrow Scope Of State Secrets Privilege

WASHINGTON, July 31, 2008 - The American Civil Liberties Union testified today about the improper use of the state secrets privilege at a hearing before the House Judiciary Subcommittee on the Constitution, Civil Rights, and Civil Liberties. The

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Blog Coverage

December 19, 2008 LexisNexis News - Latest News from over 4000 sources, including ...

It should also support legislative efforts, such as the State Secrets Protection Act (S. 2533/H.R. 5607), to allow more meaningful judicial scrutiny when the privilege is invoked. The new administration should rewrite President Bush's ...

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Source: Congress - Press Releases

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December 16, 2008 LexisNexis News - Latest News from over 4000 sources, including ...

It should also support legislative efforts, such as the State Secrets Protection Act (S. 2533/H.R. 5607), to allow more meaningful judicial scrutiny when the privilege is invoked. The new administration should rewrite President Bush's ...

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Source: Congress - Press Releases

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December 12, 2008 Feingold Calls on President-Elect to Take "Concrete Steps' to ...

It should also support legislative efforts, such as the State Secrets Protection Act (S. 2533/H.R. 5607), to allow more meaningful judicial scrutiny when the privilege is invoked. * The new administration should rewrite President Bush's ...

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