In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assessing Progress in Haiti Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On January 12, 2010, an earthquake measuring 7.0 on the 
        Richter magnitude scale struck the country of Haiti.
            (2) According to the United States Geological Survey 
        (USGS)--
                    (A) the earthquake epicenter was located 
                approximately 15 miles southwest of Port-au-Prince, the 
                capital of Haiti; and
                    (B) the earthquake was followed by 59 aftershocks 
                of magnitude 4.5 or greater, the most severe measuring 
                6.0.
            (3) According to the Government of Haiti, more than 316,000 
        people died as a result of the earthquake, including 103 
        citizens of the United States and more than 100 United Nations 
        personnel.
            (4) According to the United Nations and the International 
        Organization for Migration--
                    (A) an estimated 3,000,000 people were directly 
                affected by the disaster, nearly one-third of the 
                country's population; and
                    (B) more than 2,100,000 people were displaced from 
                their homes to settlements.
            (5) Casualty numbers and infrastructure damage, including 
        to roads, ports, hospitals, and residential dwellings, place 
        the earthquake as the worst cataclysm to hit Haiti in over two 
        centuries and, proportionally, one of the world's worst natural 
        disasters in modern times.
            (6) The Post Disaster Needs Assessment (PDNA) conducted by 
        the Government of Haiti, the United Nations, the World Bank, 
        the Inter-American Development Bank, and other experts 
        estimates that damage and economic losses totaled 
        $7,804,000,000, approximately 120 percent of Haiti's gross 
        domestic product in 2009.
            (7) Haiti is the poorest, least developed country in the 
        Western Hemisphere with, prior to the earthquake--
                    (A) more than 70 percent of Haitians living on less 
                than $2 per day; and
                    (B) a ranking of 149 out of 182 countries on the 
                United Nations Human Development Index.
            (8) House Resolution 1021, which was passed on January 21, 
        2010, on a vote of 411 to 1 expressed--
                    (A) the House of Representatives' ``deepest 
                condolences and sympathy for the horrific loss of 
                life'' caused by the earthquake; and
                    (B) bipartisan support for Haiti's recovery and 
                reconstruction.
            (9) The initial emergency response of the men and women of 
        the United States Government, led by the United States Agency 
        for International Development and United States Southern 
        Command, was swift and resolute.
            (10) United States urban search and rescue (USAR) teams 
        were immediately activated after the earthquake and deployed 
        from Fairfax County, Virginia, Los Angeles County, California, 
        Miami-Dade, Florida, the City of Miami, Florida, and Virginia 
        Beach, Virginia, to assist the United States Agency for 
        International Development (USAID) Disaster Assistance Response 
        Team (DART), and New York City's first responders asked the 
        Office of U.S. Foreign Disaster Assistance (OFDA) to activate a 
        New York City urban search and rescue shortly thereafter.
            (11) A month after the earthquake, the House of 
        Representatives unanimously passed House Resolution 1059 which 
        expressed gratitude to these USAR units, and highlighted that 
        the 511 United States rescue workers comprised roughly one-
        third of the entire international USAR effort in Haiti, and 
        more than 130 people were rescued from under the rubble in 
        Haiti by these units.
            (12) Individuals, businesses, and philanthropic 
        organizations across the United States and throughout the 
        international community responded in support of Haiti and its 
        populace during this crisis, sometimes in innovative ways such 
        as fundraising through text messaging.
            (13) The Haitian diaspora in the United States, which was 
        integral to emergency relief efforts--
                    (A) has annually contributed significant monetary 
                support to Haiti through remittances; and
                    (B) continues to seek opportunities to partner with 
                the United States Agency for International Development 
                and other agencies to substantively contribute to the 
                reconstruction of Haiti.
            (14) Significant challenges still remain in Haiti as it 
        works to recover and rebuild.
            (15) According to the International Organization for 
        Migration, approximately 680,000 people remain in spontaneous 
        and organized camps in Haiti.
            (16) According to numerous nongovernmental organizations 
        and United States contractors, the pace of reconstruction has 
        lagged significantly behind the original emergency relief 
        phase.
            (17) The widespread irregularities that occurred in the 
        elections held in Haiti on November 28, 2010, led to outbursts 
        of violence which undermined the recovery efforts.
            (18) On October 21, 2010, an outbreak of cholera was 
        detected in the Lower Artibonite region.
            (19) Initial efforts to contain the epidemic were disrupted 
        by Hurricane Tomas and resulting widespread flooding, which led 
        to the spreading and entrenchment of the disease throughout the 
        country.
            (20) According to the Haitian Ministry of Public Health and 
        Population, as of March 28, 2011--
                    (A) approximately 4,766 people have died from 
                cholera; and
                    (B) approximately 270,991 have been infected from 
                the disease.
            (21) According to the Pan American Health Organization and 
        the Centers for Disease Control and Prevention, cholera could 
        spread to as many as 400,000 people within the first year of 
        the epidemic, potentially causing 7,600 deaths at the current 
        case fatality rate.
            (22) The United States has provided more than $62,523,017 
        worth of assistance to combat the cholera epidemic, including 
        by assisting with stockpiling health commodities, equipping 
        cholera treatments centers, providing public information, and 
        improving water and sanitation systems.
            (23) The efforts to combat the cholera epidemic have helped 
        to drive the mortality rate from cholera down from nearly 7 
        percent to 1.7 percent of all contracted cases as of February 
        25, 2011.
            (24) Throughout the series of crises, the people of Haiti 
        continue to demonstrate unwavering resilience, dignity, and 
        courage.
            (25) On March 20, 2011, presidential and parliamentary 
        elections were held in Haiti without major disruptions or 
        problems.
            (26) At the international donors conference ``Towards a New 
        Future for Haiti'' held on March 31, 2010, 59 donors pledged 
        over $5,000,000,000 to support Haiti.
            (27) The United Nations Office of the Special Envoy for 
        Haiti estimates that nearly $1,900,000,000 has been disbursed, 
        with an additional amount of approximately $2,000,000,000 
        committed.
            (28) Haiti will need the support of the international 
        community in order to confront the ongoing cholera epidemic and 
        to promote reconstruction and development.

SEC. 3. REPORT.

    (a) Report Required.--Not later than six months after the date of 
the enactment of this Act, the President, in consultation with the 
heads of all relevant agencies, including the Department of State, the 
United States Agency for International Development, the Department of 
Defense, the Department of Health and Human Services, and the Centers 
for Disease Control and Prevention shall transmit to Congress a report 
on the status of post-earthquake humanitarian, reconstruction, and 
development efforts in Haiti, including efforts to prevent the spread 
of cholera and treat persons infected with the disease.
    (b) Contents.--The report required by subsection (a) shall include 
a description, analysis, and evaluation of the--
            (1) overall progress of relief, recovery, and 
        reconstruction in Haiti, including--
                    (A) programs and projects of the United States 
                Government;
                    (B) programs and projects to protect vulnerable 
                populations, such as internally displaced persons, 
                children, women and girls, and persons with 
                disabilities; and
                    (C) projects to improve water, sanitation, and 
                health, and plans for improvements in these areas in 
                the long-term;
            (2) extent to which United States and international efforts 
        are in line with the priorities of the Government of Haiti and 
        are actively engaging and working through Haitian ministries 
        and local authorities;
            (3) coordination among United States Government agencies, 
        and coordination between the United States Government and 
        United Nations agencies, international financial institutions, 
        and other bilateral donors;
            (4) mechanisms for communicating the progress of recovery 
        and reconstruction efforts to Haitian citizens, as well as 
        recommendations on how these can be improved;
            (5) mechanisms through which Haitian civil society, 
        including vulnerable populations, is actively participating in 
        all major stages of recovery and reconstruction efforts, and 
        recommendations on how these can be improved;
            (6) mechanisms through which the Haitian diaspora is 
        involved in recovery and reconstruction efforts; and
            (7) suitability of Haiti to receive aliens who are removed, 
        excluded, or deported from the United States pursuant to United 
        States law, and steps Haiti is taking to strengthen its 
        capacity in this regard.
    (c) Use of Previously Appropriated Funds.--Funding for the report 
required under subsection (a) shall derive from existing discretionary 
funds of the departments and agencies specified in such subsection.

Ex Output:
Assessing Progress in Haiti Act - Directs the President to report to Congress on the status of post-earthquake humanitarian, reconstruction, and development efforts in Haiti, including efforts to prevent the spread of cholera and treat persons infected with the disease.

Requires such report to evaluate: (1) the overall progress of relief, recovery, and reconstruction in Haiti, including U.S. government programs, programs to protect vulnerable populations, and projects to improve water, sanitation, and health; (2) the extent to which U.S. and international efforts are in line with the government of Haiti's priorities and are working through Haitian ministries and local authorities; (3) coordination among U.S. government agencies and coordination between the U.S. government and U.N. agencies, international financial institutions, and other bilateral donors; (4) mechanisms for communicating the progress of recovery and reconstruction to Haitian citizens; (5) mechanisms through which Haitian civil society and the Haitian diaspora are participating in recovery and reconstruction; and (6) Haiti's suitability to receive aliens who are removed, excluded, or deported from the United States and steps Haiti is taking to strengthen its capacity in this regard.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sacramento Valley Water Storage and 
Restoration Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The State of California and much of the West are 
        experiencing one of the driest years on record, exacerbating 
        water supply problems caused by a lack of surface water storage 
        infrastructure. The drought conditions have caused reductions 
        in water supplies to almost all water users in the State.
            (2) The Sites Project has been identified by the State of 
        California and the Federal Government as an important component 
        to integrated water management in the Sacramento Valley that 
        would advance the co-equal objectives of improving water 
        management and restoring ecological health for beneficial uses 
        of the Sacramento-San Joaquin Delta and the Sacramento River 
        watershed.
            (3) Among other things, the Sites Project would--
                    (A) increase surface water storage to enhance water 
                management flexibility in the Sacramento Valley;
                    (B) provide flood control benefits;
                    (C) improve conditions for fish, waterfowl, and 
                wildlife in the Sacramento Valley, including anadromous 
                fish in the Sacramento River; and
                    (D) improve the operation of the State's water 
                system to provide improvements in ecosystem and water 
                quality conditions in the Bay-Delta while providing a 
                more reliable water supply for the State of California.
            (4) The Sites Project has been shown to provide 
        approximately 1,300,000 of additional yield when the Sites 
        Project is integrated into the operations of other State and 
        Federal reservoirs upstream of the Bay-Delta.
            (5) Healthy wetlands are of vital importance to wildlife in 
        California and require a reliable supply of water, and 
        additional surface water storage can help meet water supply 
        goals under the Central Valley Project Improvement Act.
            (6) It is in the interests of the United States for the 
        Federal Government to work with the Sites Project Authority, 
        which has been established under laws of the State of 
        California as an independent joint powers authority to, among 
        other things, study, promote, develop, design, finance, 
        acquire, construct, manage, and operate Sites Reservoir and 
        related facilities, in order to advance the Sites Project in 
        the most expeditious and cost-effective manner possible.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of the Bureau of Reclamation.
            (3) Bureau.--The term ``Bureau'' means the Bureau of 
        Reclamation.
            (4) Authority.--The term ``Authority'' means the Sites 
        Project Authority that entered into a Joint Powers Agreement on 
        August 26, 2010, for the purpose of advancing the Sites Project 
        as a non-Federal facility and includes Glenn-Colusa Irrigation 
        District, Reclamation District 108, the Tehama-Colusa Canal 
        Authority, Maxwell Irrigation District, the County of Glenn, 
        the County of Colusa and Yolo County Flood Control and Water 
        Conservation District.
            (5) Sites project.--The term ``Sites Project'' means the 
        Sites Reservoir in Glenn and Colusa Counties, California, and 
        related facilities, including associated water conveyance and 
        hydropower generation and transmission facilities.
            (6) State.--The term ``State'' means the State of 
        California.
            (7) Central valley project.--The term ``Central Valley 
        Project'' means all Federal reclamation projects located within 
        or diverting water from or to the watershed of the Sacramento 
        and San Joaquin rivers and their tributaries as authorized by 
        the Act of August 26, 1937 (50 Stat. 850), and all Acts 
        amendatory or supplemental thereto, including but not limited 
        to the Act of October 17, 1940 (54 Stat. 1198, 1199), Act of 
        December 22, 1944 (58 Stat. 887), Act of October 14, 1949 (63 
        Stat. 852), Act of September 26, 1950 (64 Stat. 1036), Act of 
        August 27, 1954 (68 Stat. 879), Act of August 12, 1955 (69 
        Stat. 719), Act of June 3, 1960 (74 Stat. 156), Act of October 
        23, 1962 (76 Stat. 1173), Act of September 2, 1965 (79 Stat. 
        615), Act of August 19, 1967 (81 Stat. 167), Act of August 27, 
        1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097), 
        Act of September 28, 1976 (90 Stat. 1324) and Act of October 
        27, 1986 (100 Stat. 3050).
            (8) Repayment and water service contracts.--The terms 
        ``repayment contract'' and ``water service contract'' have the 
        same meaning as provided in sections 9(d) and 9(e) of the 
        Reclamation Project Act of 1939 (53 Stat. 1187, 1195), as 
        amended.

SEC. 4. FEASIBILITY STUDY AND ENVIRONMENTAL IMPACT STATEMENT.

    (a) Feasibility Study.--No later than June 30, 2015, the Secretary, 
acting through the Bureau, shall finalize and publish in the Federal 
Register, the feasibility study authorized in section 103(d)(1)(i)(II) 
of title I of Public Law 108-361.
    (b) Environmental Impact Statement and Environmental Impact 
Report.--No later than June 30, 2015, the Secretary shall work with the 
Secretary of Commerce, the Army Corps of Engineers and the 
Environmental Protection Agency Administrator to coordinate the efforts 
of the relevant agencies and work with the State, the Authority, and 
other stakeholders to complete and issue the final joint environmental 
impact statement and environmental impact report on the Sites Project.
    (c) Availability of Documents.--The Secretary shall ensure that all 
documents associated with the preparation of planning and feasibility 
studies and applicable environmental reviews under the National 
Environmental Policy Act for the Sites Project shall be made available 
to the Authority.
    (d) Financial Assistance and Other Agreements.--To assist the 
Secretary in meeting the deadlines for completing the feasibility study 
and environmental impact statement identified in this section, no later 
than 90 days following enactment, the Secretary, acting through the 
Bureau, shall enter into such agreements with the Authority, including 
financial assistance agreements, to carry out such work as the Bureau 
and the Authority mutually agree is appropriate to ensure that all 
studies and environmental reviews are completed on an expeditious basis 
and that the shortest applicable process under the National 
Environmental Policy Act shall be utilized, including in the completion 
of the final feasibility study and final joint environmental impact 
statement and environmental impact report on the Sites Project.
    (e) Non-Federal Cost-Share.--The Secretary shall attribute all 
funds expended, or in-kind services provided, by the Authority or the 
State to advance the Sites Project, including the $42,379,999 in non-
Federal funds provided to the North-of-Delta Offstream Storage 
Feasibility Study reflected in the Bureau's fiscal year 2015 Budget 
Justification, to the non-Federal share of cost-share requirements for 
any Federal support provided to the Sites Project.
    (f) Requirements of Existing Law.--Nothing in the section herein 
modifies existing requirements of Federal law.

SEC. 5. CONSTRUCTION.

    (a) Authorization of Construction.--Section 103(d)(1)(B) of title I 
of Public Law 108-361 (the Calfed Bay-Delta Authorization Act, 118 
Stat. 1681) is amended by--
            (1) adding after clause (i) the following:
                            ``(ii) Construction authorization.--If the 
                        Secretary determines the project described in 
                        clause (ii)(I) of subparagraph (A) is feasible, 
                        the Secretary is authorized to carry out the 
                        project in a manner that is substantially in 
                        accordance with the recommended plan, and 
                        subject to the conditions described in the 
                        feasibility study.'';
            (2) striking in clause (iii), ``the project'' and inserting 
        ``a project described in clause (ii)(I) of subparagraph (A)''; 
        and
            (3) redesignating clause (ii) and (iii) as clause (iii) and 
        (iv), respectively.
    (b) Project Partnership Agreements.--At the request of the 
Authority, the Bureau shall--
            (1) enter into a project partnership agreement with the 
        Authority for the Authority to provide full project management 
        control for construction of the Sites Project, or a separable 
        element of the project, in accordance with plans approved by 
        the Secretary; and
            (2) following execution of the project partnership 
        agreement, transfer to the Authority interest to carry out 
        construction of the project, or a separable element of the 
        project--
                    (A) if applicable, the balance of the unobligated 
                amounts appropriated for the Sites Project, except that 
                the Secretary shall retain sufficient amounts for the 
                Bureau to carry out any responsibilities of the Bureau 
                relating to the project; and
                    (B) additional amounts, as determined by the 
                Secretary, from amounts made available to the 
                Secretary, except that the total amount transferred to 
                the non-Federal interest shall not exceed the updated 
                estimate of the Federal share of the cost of 
                construction, including any required design.
    (c) Detailed Project Schedule.--Not later than 180 days after 
entering into a Project Partnership agreement, the Authority, to the 
maximum extent practicable, shall submit to the Secretary a detailed 
project schedule, based on estimated funding levels, that lists all 
deadlines for each milestone in the construction of the project.
    (d) Administration.--All laws and regulations that would apply to 
the Secretary if the Secretary were carrying out the project shall 
apply to Authority, if the Authority enters into an agreement with the 
Secretary to carry out the project under this section.

SEC. 6. NON-FEDERAL PROJECT.

    (a) In General.--At any time, notwithstanding any other provision 
of this Act, if the Commissioner determines and the Secretary concurs, 
that the Sites Project can be expedited by the Authority as a non-
Federal project, and that there is a demonstrable Federal interest for 
the Sites Project to be constructed and operated as a non-Federal 
project, the Bureau is authorized and directed to take any and all 
actions possible to advance the Sites Project as a non-Federal project, 
including, but not limited to, entering into cost-shared financial 
assistance agreements with the Authority to support construction of the 
Sites Project as a non-Federal project.
    (b) Title; Operations and Maintenance.--The Authority shall hold 
title to all facilities constructed under this section, and shall be 
solely responsible for the operation and maintenance costs of such 
facilities.
    (c) Federal Reviews and Permits.--The Bureau shall be the lead 
Federal agency for the purposes of all Federal reviews, analyses, 
opinions, statements, permits, licenses, or other approvals or 
decisions required under Federal law to allow the Authority to 
construct the Sites Project as a non-Federal project.
    (d) Coordinated Operations.--The Secretary of the Interior is 
authorized and directed to execute and implement a long-term agreement 
between the United States of America and the Authority that shall 
provide for the coordination of operations of the Central Valley 
Project and the Sites Project to--
            (1) satisfy any contracts entered into in subsection (e) of 
        this Act;
            (2) help meet any unmet needs for Sacramento Valley in-
        basin water uses;
            (3) help meet any unmet needs of existing Central Valley 
        Project repayment and water service contracts; and
            (4) ensure that any surplus water supplies from the Sites 
        Project are put to full and beneficial use.
    (e) Contracts.--The Secretary is authorized to enter into long-term 
contracts with the Authority to acquire water supplies made available 
from the Sites Project for the purposes of meeting the requirements 
section 3406(b)(3) and section 3408(j) of Public Law 102-575, the 
Central Valley Project Improvement Act, and such other purposes as the 
Secretary may deem appropriate.

SEC. 7. ENVIRONMENTAL REVIEW AND PERMITTING.

    With respect to the Sites Project, the Bureau shall--
            (1) be the lead Federal agency for the purposes of all 
        Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow either the Bureau or the Authority to 
        construct the Sites Project, including all requirements under--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.); and
                    (C) any other Federal law applicable to the 
                construction of the Sites Project facilities by the 
                Bureau or the Authority; and
            (2) take such steps as are necessary to ensure that all 
        Federal reviews, analyses, opinions, statements, permits, 
        licenses, or other approvals or decisions required under 
        Federal law to allow either the Bureau or the Authority to 
        construct the Sites Project are completed on an expeditious 
        basis and utilize the shortest applicable process.

SEC. 8. POWER GENERATION.

    (a) Purchase or Market Power.--The Secretary of Energy, acting 
through the Western Area Power Administration, shall determine no later 
than June 30, 2015, if there is a Federal interest in--
            (1) providing power to the Sites Project; and
            (2) purchasing and marketing the power produced by the 
        Sites Project.
    (b) Authorization To Provide, Market and Purchase Power.--If the 
Secretary of Energy determines there is a Federal interest in providing 
power to, and purchasing and marketing power from, the Sites Project, 
the Secretary of Energy is authorized and directed to take such actions 
as are necessary to support that determination.
    (c) Permit Lead and Marketing of Power if Western Area Power 
Administration Forgoes Participation in the Sites Project.--If the 
Sites Project is constructed as a non-Federal project by the Authority 
and the Secretary of Energy determines that there is no Federal 
interest in the Western Area Power Administration managing power 
provided to or emanating from the Sites Project, the Secretary of the 
Interior, acting through the Bureau, is authorized and directed to 
provide such support as is necessary to enable the Authority market the 
energy produced by the Sites Project, including securing all permits 
associated with managing power used and produced by the Sites Project.
    (d) Delivery and Management of Water.--Nothing in this subsection 
shall alter or impede the delivery and management of water, as water 
used for hydropower generation shall be deemed incidental to uses of 
water for which the Sites Project is intended to serve.

SEC. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS.

    Nothing in this Act modifies or alters any obligations under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); or
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

SEC. 10. SAVINGS CLAUSE.

    Nothing in this Act shall be construed to preempt any existing 
State law, including but not limited to area of origin and other water 
rights protections.

Ex Output:
Sacramento Valley Water Storage and Restoration Act of 2014 - Directs the Secretary of the Interior, acting through the Bureau of Reclamation, to: (1) finalize and publish in the Federal Register the feasibility study authorized in the Water Supply, Reliability, and Environmental Improvement Act, for enlargement of the Los Vaqueros Reservoir in Contra Costa County, California; (2) work with the Secretary of Commerce, the Army Corps of Engineers, and the Environmental Protection Agency (EPA) Administrator, by June 30, 2015, to coordinate the efforts of the relevant agencies and work with the state of California, the Sites Project Authority, and other stakeholders to complete and issue the final joint environmental impact statement and report on the Sites Project (the Sites Reservoir in Glenn and Colusa Counties, California, and related facilities, including associated water conveyance and hydropower generation and transmission facilities); and (3) enter into agreements with the Authority to carry out such work as the Bureau and the Authority mutually agree is appropriate to ensure that all studies and environmental reviews are completed on an expeditious basis and that the shortest applicable process under the National Environmental Policy Act is utilized, including in the completion of the final feasibility study and final joint environmental impact statement and report on the Sites Project. Amends the Calfed Bay-Delta Authorization Act to: (1) authorize construction of the Sites Reservoir in Colusa County if the Secretary determines that the project is feasible; and (2) direct the Bureau, at the Authority's request, to enter into a project partnership agreement for the Authority to provide full project management control for construction of the Sites Project, or a separable element of the Project, in accordance with plans approved by the Secretary. Authorizes and directs: (1) the Bureau to advance the Sites Project as a non-federal project if the Commissioner of the Bureau determines and the Secretary concurs that the Project can be expedited by the Authority as a non-federal project and that there is a demonstrable federal interest for the Project to be constructed and operated as a non-federal project, and (2) the Secretary to execute and implement a long-term agreement with the Authority for the coordination of operations of the Central Valley Project and the Sites Project.  Directs the Bureau to: (1) be the lead federal agency for the purposes of all federal reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under federal law to allow either the Bureau or the Authority to construct the Sites Project; and (2) take such steps as necessary to ensure that all such reviews, approvals, or decisions required to allow either the Bureau or the Authority to construct the Sites Project are completed on an expeditious basis and utilize the shortest applicable process. Directs the Secretary of Energy (DOE): (1) acting through the Western Area Power Administration, to determine by no later than June 30, 2015, if there is a federal interest in providing power to, and purchasing and marketing power produced by, the Sites Project; (2) if so, to take actions to support such determination; and (3) if not, to provide such support as is necessary to enable the Authority to market the energy produced by the Project.


Ex Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Secrets Protection Act''.

SEC. 2. AMENDMENT TO THE RULES OF EVIDENCE.

    Article 5 of the Federal Rules of Evidence is amended by adding at 
the end the following:
``Rule 503. State Secrets Privilege
    ``(a) In General.--In any civil action brought in Federal or State 
court, the Government has a privilege to refuse to give information and 
to prevent any person from giving information 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.
    ``(b) Protection of Secrets.--
            ``(1) In general.--The court shall take steps to protect 
        sensitive information that comes before the court in connection 
        with proceedings under this Rule. These steps may include 
        reviewing evidence or pleadings and hearing arguments ex parte, 
        issuing protective orders, placing material under seal, and 
        applying security procedures established under the Classified 
        Information Procedures Act for classified information to 
        protect the sensitive information.
            ``(2) In camera proceedings.--All hearings and other 
        proceedings under this Rule may be conducted in camera, as 
        needed to protect information that may be subject to the 
        privilege.
            ``(3) Participation of counsel.--Participation of counsel 
        in proceedings under this Rule may be limited if the court 
        determines that the limitation is a necessary step to protect 
        information the Government asserts is protected by the 
        privilege or that supports the claim of privilege.
            ``(4) Guardian ad litem.--Where counsel is excluded from a 
        proceeding, the court shall have discretion to appoint a 
        guardian ad litem to represent the absent litigant's interests, 
        drawing, in consultation with the excluded nongovernmental 
        party, from a previously generated list of attorneys who have 
        been granted required security clearances in the past and have 
        agreed to serve in this capacity. The guardian ad litem shall 
        not discuss the information claimed as privileged or its 
        content with any nongovernmental party or nongovernmental 
        party's counsel.
            ``(5) Production of adequate substitute pending resolution 
        of the claim of privilege.--If, at any point during its 
        consideration of the Government's claim, the court determines 
        that disclosure of information to a party or counsel, or 
        disclosure of information by a party that already possesses it, 
        presents a risk of a harm described in subsection (a) that 
        cannot be addressed through less restrictive means provided in 
        this subsection, the court may require the Government to 
        produce an adequate substitute, such as a redacted version, 
        summary of the information, or stipulation regarding the 
        relevant facts, if the court deems such a substitute feasible. 
        The substitute must be reviewed and approved by the court and 
        must provide counsel with a substantially equivalent 
        opportunity to assess and challenge the Government's claim of 
        privilege as would the protected information.
    ``(c) Assertion of the Privilege.--
            ``(1) In general.--The Government may assert the privilege 
        in connection with any claim in a civil action to which it is a 
        party or may intervene in a civil action to which it is not a 
        party to do so.
            ``(2) Supporting affidavits.--If the Government asserts the 
        privilege, the Government shall provide the court with an 
        affidavit signed by the head of the executive branch agency 
        with responsibility for, and control over, the information 
        asserted to be subject to the privilege. In the affidavit, the 
        head of the agency shall explain the factual basis for the 
        claim of privilege. The Government shall make public an 
        unclassified version of the affidavit.
    ``(d) Preliminary Proceedings.--
            ``(1) Preliminary review by court.--Once the Government has 
        asserted the privilege, and before the court makes any 
        determinations under subsection (e), the court shall undertake 
        a preliminary review of the information the Government asserts 
        is protected by the privilege and provide the Government an 
        opportunity to seek protective measures under this Rule. After 
        any initial protective measures are in place, the court shall 
        proceed to the consideration of additional preliminary matters 
        under this subsection.
            ``(2) Consideration of whether to appoint special master or 
        expert witness.--The court shall consider whether the 
        appointment of a special master with appropriate expertise or 
        an expert witness, or both, would facilitate the court's duties 
        under this Rule.
            ``(3) Index of materials.--The court may order the 
        Government to provide a manageable index of the information 
        that the Government asserts is subject to the privilege. The 
        index must correlate statements made in the affidavit required 
        under this Rule with portions of the information the Government 
        asserts is subject to the privilege. The index shall be 
        specific enough to afford the court an adequate foundation to 
        review the basis of the assertion of the privilege by the 
        Government.
            ``(4) Prehearing conferences.--After the preliminary 
        review, the court shall hold one or more conferences with the 
        parties to--
                    ``(A) determine any steps needed to protect 
                sensitive information;
                    ``(B) define the issues presented by the 
                Government's claim of privilege, including whether it 
                is possible to allow the parties to complete 
                nonprivileged discovery before determining whether the 
                claim of privilege is valid;
                    ``(C) order disclosure to the court of anything 
                needed to assess the claim, including all information 
                the Government asserts is protected by the privilege 
                and other material related to the Government's claim;
                    ``(D) resolve any disputes regarding participation 
                of counsel or parties in proceedings relating to the 
                claim, including access to the Government's evidence 
                and arguments;
                    ``(E) set a schedule for completion of discovery 
                related to the Government's claim; and
                    ``(F) take other steps as needed, such as ordering 
                counsel or parties to obtain security clearances.
    ``(e) Procedures and Standard for Assessing the Privilege Claim.--
            ``(1) Hearing.--The court shall conduct a hearing to 
        determine whether the privilege claim is valid.
            ``(2) Basis for ruling.--
                    ``(A) Generally.--The court may not determine that 
                the privilege is valid until the court has reviewed--
                            ``(i) except as provided in subparagraph 
                        (B), all of the information that the Government 
                        asserts is privileged;
                            ``(ii) the affidavits, evidence, memoranda 
                        and other filings submitted by the parties 
                        related to the privilege claim; and
                            ``(iii) any other evidence that the court 
                        determines it needs to rule on the privilege.
                    ``(B) Sampling in certain cases.--Where the volume 
                of information the Government asserts is privileged 
                precludes a timely review, or the court otherwise 
                determines a review of all of that information is not 
                feasible, the court may substitute a sufficient 
                sampling of the information if the court determines 
                that there is no reasonable possibility that review of 
                the additional information would change the court's 
                determination on the privilege claim and the 
                information reviewed is sufficient to enable the court 
                to make the independent assessment required by this 
                subsection.
            ``(3) Standard.--In ruling on the validity of the 
        privilege, the court shall make an independent assessment of 
        whether the harm identified by the Government, as required by 
        subsection (a), is reasonably likely to occur should the 
        privilege not be upheld. The court shall weigh testimony from 
        Government experts in the same manner as it does, and along 
        with, any other expert testimony.
            ``(4) Burden of proof.--The Government shall have the 
        burden of proof as to the nature of the harm and as to the 
        likelihood of its occurrence.
    ``(f) Effect of Court Determination.--
            ``(1) In general.--If the court determines that the 
        privilege is not validly asserted, the court shall issue 
        appropriate orders regarding the disclosure of the information 
        to a nongovernmental party and its admission at trial, subject 
        to the other rules of evidence, with the right to interlocutory 
        appeal as provided in subsection (g) for any such orders. If 
        the court determines that the privilege is validly asserted, 
        that information shall not be disclosed to a nongovernmental 
        party or the public.
            ``(2) Nonprivileged substitute.--
                    ``(A) Court consideration of substitute.--If the 
                court finds that the privilege is validly asserted and 
                it is possible to craft a nonprivileged substitute, 
                such as those described in subsection (b)(5), for the 
                privileged information that would provide the parties a 
                substantially equivalent opportunity to litigate the 
                case, the court shall order the Government to produce 
                the substitute to the satisfaction of the court.
                    ``(B) Refusal to provide.--In a civil action 
                brought against the Government, if the court orders the 
                Government to provide a nonprivileged substitute for 
                information and the Government fails to comply, in 
                addition to any other appropriate sanctions, the court 
                shall find against the Government on the factual or 
                legal issue to which the privileged information is 
                relevant. If the action is not brought against the 
                Government, the court shall weigh the equities and make 
                appropriate orders as provided in paragraph (4).
            ``(3) Opportunity to complete discovery.--The court shall 
        not resolve any issue or claim and shall not grant a motion to 
        dismiss or motion for summary judgment based on the state 
        secrets privilege and adversely to any party against whom the 
        Government's privilege claim has been upheld until that party 
        has had a full opportunity to complete nonprivileged discovery 
        and to litigate the issue or claim to which the privileged 
        information is relevant without regard to that privileged 
        information.
            ``(4) Appropriate orders in the interest of justice.--After 
        reviewing all available evidence, and only after determining 
        that privileged information, for which it is impossible to 
        create a nonprivileged substitute, is necessary 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 factual or legal issue to 
        which the information is relevant, or dismissing a claim or 
        counterclaim. This paragraph does not permit an award of money 
        damages against a party based in whole or in part on privileged 
        information that was not disclosed to that party.
    ``(g) Interlocutory Appeal.--
            ``(1) In general.--The courts of appeal shall have 
        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 required under this Rule, 
        or refusing protective steps sought by the Government under 
        this Rule pending the resolution of the claim of state secrets 
        privilege.
            ``(2) Appeal.--
                    ``(A) In general.--An appeal taken under this 
                section either before or during trial shall be 
                expedited by the court of appeals.
                    ``(B) During trial.--If an appeal is taken during 
                trial, the district court shall adjourn the trial until 
                the appeal is resolved and the court of appeals--
                            ``(i) shall hear argument on appeal as 
                        expeditiously as possible after adjournment of 
                        the trial by the district court;
                            ``(ii) may dispense with written briefs 
                        other than the supporting materials previously 
                        submitted to the trial court;
                            ``(iii) shall render its decision as 
                        expeditiously as possible after argument on 
                        appeal; and
                            ``(iv) may dispense with the issuance of a 
                        written opinion in rendering its decision.
    ``(h) Reporting.--
            ``(1) In general.--Consistent with applicable authorities 
        and duties, including those conferred by the Constitution of 
        the United States upon the executive and legislative branches, 
        the Attorney General shall report in writing to the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives, the Select Committee on Intelligence 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 assertion. Each report submitted under this 
        subsection shall include all affidavits filed under this Rule 
        by the Government.
            ``(2) Operation and effectiveness.--
                    ``(A) In general.--The Attorney General shall 
                deliver to the committees of Congress described in 
                paragraph (1) a report concerning the operation and 
                effectiveness of this Rule and including suggested 
                amendments to the Rule.
                    ``(B) Deadline.--The Attorney General shall submit 
                this report not later than 1 year after the date of 
                enactment of this Rule, and every year thereafter 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 subparagraph (A) as necessary.
    ``(i) Rule of Construction.--This Rule provides the only privilege 
that may be asserted in civil cases based on state secrets and the 
standards and procedures set forth in this Rule apply to any assertion 
of the privilege.
    ``(j) Application.--This Rule applies to claims pending on or after 
the date of enactment of this Rule. 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--
            ``(1) the motion for relief is filed with the rendering 
        court within one year of the date of enactment of this Rule;
            ``(2) the underlying judgment, order, or proceeding from 
        which the party seeks relief was entered after January 1, 2002; 
        and
            ``(3) the claim on which the judgment, 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, employee, or 
                agent.''.

Ex Output:

State Secrets Protection Act - Amends the Federal Rules of Evidence to declare that, in any civil action brought in federal or state court, the government has a privilege to refuse to give information and to prevent any person from giving information 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.

Requires the court to take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before it.

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. Provides for court-ordered presentation of adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information.

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.

Requires the court, if it determines that the privilege is not validly asserted, to 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. Prohibits such disclosure or admission if the privilege is determined valid.

Grants the courts of appeal 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.