after determining that privileged evidence, for which it is 
impossible to create a nonprivileged substitute, is nec-
essary to decide a factual or legal issue or claim, the court 
shall weigh the equities and make appropriate orders in 
the interest of justice, such as striking the testimony of 
a witness, finding in favor of or against a party on a fac-
tual or legal issue to which the evidence is relevant, or 
dismissing a claim or counterclaim. 
SEC. 8. INTERLOCUTORY APPEAL. 
(a) IN GENERAL.—The courts of appeal shall have 
jurisdiction of an appeal by any party from any interlocu-
tory decision or order of a district court of the United 
States under this Act. 
(b) APPEAL.— 
(1) IN GENERAL.—An appeal taken under this 
section either before or during trial shall be expe-
dited by the court of appeals. 
(2) DURING TRIAL.—If an appeal is taken dur-
ing trial, the district court shall adjourn the trial 
until the appeal is resolved and the court of ap-
peals— 
(A) shall hear argument on appeal as expe-
ditiously as possible after adjournment of the 
trial by the district court; 
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(B) may dispense with written briefs other 
than the supporting materials previously sub-
mitted to the trial court; 
(C) shall render its decision as expedi-
tiously as possible after argument on appeal; 
and 
(D) may dispense with the issuance of a 
written opinion in rendering its decision. 
SEC. 9. REPORTING. 
(a) IN GENERAL.—Consistent with applicable au-
thorities and duties, including those conferred by the Con-
stitution of the United States upon the executive and legis-
lative branches, the Attorney General shall report in writ-
ing to the Permanent Select Committee on Intelligence of 
the House of Representatives, the Select Committee on In-
telligence of the Senate, and the chairmen and ranking 
minority members of the Committees on the Judiciary of 
the House of Representatives and Senate on any case in 
which the Government invokes a state secrets privilege, 
not later than 30 calendar days after the date of such as-
sertion. Each report submitted under this subsection shall 
include all affidavits filed under this Act by the Govern-
ment. 
(b) OPERATION AND EFFECTIVENESS.— 
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(1) IN GENERAL.—The Attorney General shall 
deliver to the committees of Congress described in 
subsection (a) a report concerning the operation and 
effectiveness of this Act and including suggested 
amendments to the Act. 
(2) DEADLINE.—The Attorney General shall 
submit this report not later than 1 year after the 
date of enactment of this Act, and every year there-
after until the date that is 3 years after that date 
of enactment. After the date that is 3 years after 
that date of enactment, the Attorney General shall 
submit a report under paragraph (1) as necessary. 
SEC. 10. RULE OF CONSTRUCTION. 
This Act provides the only privilege that may be as-
serted based on state secrets and the standards and proce-
dures set forth in this Act apply to any assertion of the 
privilege. 
SEC. 11. APPLICATION. 
This Act applies to claims pending on or after the 
date of enactment of this Act. A court also may relieve 
a party or its legal representative from a final judgment, 
order, or proceeding that was based, in whole or in part, 
on the state secrets privilege if— 
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(1) the motion for relief is filed with the ren-
dering court within one year of the date of enact-
ment of this Act; 
(2) the underlying judgment, order, or pro-
ceeding from which the party seeks relief was en-
tered after January 1, 2002; and 
(3) the claim on which the judgement, order, or 
proceeding is based is— 
(A) against the Government; or 
(B) arises out of conduct by persons acting 
in the capacity of a Government officer, em-
ployee, or agent. 
Æ 
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