S.417 - State Secrets Protection Act

A bill to enact a safe, fair, and responsible state secrets privilege Act. view all titles (2)

All Bill Titles

  • Official: A bill to enact a safe, fair, and responsible state secrets privilege Act. as introduced.
  • Short: State Secrets Protection Act as introduced.

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Bill's Views

  • Today: 4
  • Past Seven Days: 22
  • All-Time: 6,901
 
Introduced
 
Senate
Passes
 
House
Passes
 
President
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02/10/09
 
 
 
 
 
 
 

Official Summary

2/11/2009--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 ex parte; (2) allow a federal court to order a party to provid

Official Summary

2/11/2009--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 ex parte;
(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 a court, if the United States fails to provide an attorney or guardian ad litem with necessary security clearance in a reasonable period of time, to review in camera and ex parte the reasons for denying or delaying the clearance, in order to ensure that the United States is not withholding a security clearance from a particular attorney or class of attorneys for any reason other than protection of national security. 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. Requires the court to give substantial weight to an assertion by the United States relating to why public disclosure of an item of evidence would be reasonably likely to cause significant harm to the national defense or foreign relations of the United States. 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 asserts the state secrets privilege. Applies this Act to civil cases pending on or after the enactment of this Act.

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Organizations Supporting S.417

  • Change.org
  • The Constitution Project
  • Progressive Democrats of America

Organizations Opposing S.417

  • None via MapLight at this time.
See the money trail behind this bill for more info on how campaign contributions may be influencing senators' and representatives' votes.


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Recent News Coverage

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06/17/09
Today on the Hill

...to Entity Information Act" of the Uniform Law Commission, will testify. 342 Dirksen. Senate Judiciary (10 a.m.): Meets to markup S.417, the "State Secrets Protection Act"; S.257, the "Consumer Credit Fairness Act"; H.R.985 and S.448, the "Free Flow of I

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06/10/09
House Meets At... 10:00 am: Legislative Business

Thu., 6/11, 10:00 am Senate Judiciary Committee markup: S. 417, State Secrets Protection Act Thu., 6/11, 10:00 am House Oversight & Government Reform: Full ...

Source: Congress Matters
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06/07/09
The week in Congress: Preemption is awful, except...

S. 417, State Secrets Protection Act, to enact a safe, fair, and responsible state secrets privilege. S. 257, Consumer Credit Fairness Act, ...

Source: Point of Law
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Recent Blog Coverage

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02/26/11
S.417: Churchill County Land Transfer Act - U.S. Congress ...

WashingtonWatch.com - S. 417, A bill to direct the Secretary of ... U.S. Congress: S. 417, A bill to direct the Secretary of the Interior to transfer to the Secretary of the Navy certain Federal land in Churchill County, Nevada. Source: http://www.washingt

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01/02/11
Manfred Spitzer: Lernen. Reflexion über das Kapitel Schule

(Spitzer 2009, S. 417). Literatur: Schule. In: Spitzer, Manfred (2009). Lernen. Gehirnforschung und die Schule des Lebens. Heidelberg: Spektrum Akademischer Verlag Heidelberg. S. 399 – 421. Urheberrecht: Margot Aigner. ...

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12/28/10
Silvesterfeier - Verkehrstalk-Foren

I Nr. 31 S. 417), mit folgenden Maßgaben: Zitat. § 7 Abs. 2 in Verbindung mit § 47 Abs. 1 bis 3 gilt über den 31. Dezember 1990 fort. Zitat. § 7 Fahrtüchtigkeit (2) Fahrzeugführer dürfen bei Antritt und während der Fahrt nicht unter ...

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