TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil War Sesquicentennial 
Commission Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a Civil War 
Sesquicentennial Commemoration Commission to--
            (1) ensure a suitable national observance of the 
        sesquicentennial of the Civil War that includes recognition of 
        the historic, social, legal, cultural, and political forces 
        that--
                    (A) brought about the Civil War; and
                    (B) influenced the course and outcomes of the Civil 
                War;
            (2) explore the causes of the Civil War to gain a better 
        understanding of the reasons that the democratic framework of 
        the United States failed to resolve the sectional issues 
        without resorting to war;
            (3) fully examine and reflect on the consequences of the 
        Civil War, which Congress directed the National Park Service to 
        address in National Park Service programs and materials 
        beginning in 1999, including consequences such as--
                    (A) the Reconstruction era and the aftermath of 
                that era;
                    (B) the economic devastation of the entire South as 
                a result of long-term post-war policies;
                    (C) the concomitant constriction of equal rights 
                for African-American citizens; and
                    (D) the ultimate economic recovery of the region 
                and the extension of civil rights for the descendants 
                of enslaved peoples almost a century later;
            (4) assist States and national organizations with programs 
        and activities for the observance of the sesquicentennial of 
        the Civil War;
            (5) assist in ensuring that any observance of the 
        sesquicentennial of the Civil War is inclusive and 
        appropriately recognizes the experiences and points of view of 
        all people affected by the Civil War; and
            (6) provide assistance for the development of programs, 
        projects, and activities on the Civil War that have lasting 
        educational and preservation value.

SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.

    The Secretary of the Interior shall establish a commission to be 
known as the Civil War Sesquicentennial Commemoration Commission 
(referred to in this Act as the ``Commission'').

SEC. 4. COMPOSITION OF THE COMMISSION.

    (a) In General.--The Commission shall be composed of 25 members as 
follows:
            (1) Government members.--The Commission shall include--
                    (A) 2 Members of the Senate appointed by the 
                President pro tempore of the Senate, in consultation 
                with the majority leader and the minority leader of the 
                Senate;
                    (B) 2 Members of the House of Representatives 
                appointed by the Speaker of the House of 
                Representatives, in consultation with the minority 
                leader of the House of Representatives;
                    (C) the Secretary of the Interior or the designee 
                of the Secretary;
                    (D) the Secretary of the Smithsonian Institution, 
                or the designee of the Secretary;
                    (E) the Secretary of Education, or the designee of 
                the Secretary;
                    (F) the Secretary of Defense, or the designee of 
                the Secretary;
                    (G) the Chairman of the National Endowment for the 
                Humanities, or the designee of the Chairman;
                    (H) the Chairman of the National Endowment for the 
                Arts, or the designee of the Chairman;
                    (I) the Archivist of the United States, or the 
                designee of the Archivist;
                    (J) the Librarian of Congress, or the designee of 
                the Librarian; and
                    (K) the Director of the National Park Service, or 
                the designee of the Director.
            (2) Private members.--The Commission shall include--
                    (A) 3 members appointed by the President from among 
                individuals who are representative of the corporate 
                community and nonprofit community; and
                    (B) 9 individuals, appointed by the President, from 
                among persons who by reason of education, training, and 
                experience, are experts on the Antebellum, Civil War, 
                and Reconstruction eras and the preservation, 
                interpretation, and presentation of those eras to the 
                public, including--
                            (i) 5 individuals with expertise in history 
                        or related academic disciplines germane to the 
                        Civil War, including--
                                    (I) individuals representing the 
                                museum community, in particular history 
                                museums and historical societies, such 
                                as the National Civil War Museum;
                                    (II) individuals with expertise in 
                                art history, historic preservation, or 
                                a related field;
                                    (III) individuals with expertise in 
                                anthropology, cultural geography, 
                                sociology, or a related field; and
                                    (IV) individuals with expertise in 
                                political science, law, economics, or a 
                                related field;
                            (ii) 1 individual with expertise in the 
                        preservation of Civil War historic sites and 
                        battlefields; and
                            (iii) 3 individuals representing State 
                        Civil War sesquicentennial efforts.
    (b) Terms.--
            (1) Government members.--If any member of the Commission 
        who was appointed as an officer under subsection (a)(1) leaves 
        that office, the member may continue as a member of the 
        Commission for not longer than the 30-day period beginning on 
        the date on which the member leaves the office.
            (2) Private members.--Private members appointed under 
        subsection (a)(2) shall be appointed for the life of the 
        Commission.
    (c) Vacancies.--Any vacancy in the Commission shall not affect its 
powers, and shall be filled in the same manner as the original 
appointment.
    (d) Initial Appointments.--The appointment of the members of the 
Commission shall be made not later than 60 days after the date of 
enactment of this Act.

SEC. 5. GENERAL PROVISIONS.

    (a) Meetings.--
            (1) Initial meeting.--Not later than 60 days after the date 
        on which all members of the Commission have been appointed, the 
        members appointed under subparagraphs (A) and (B) of section 
        4(a)(2) shall call the first meeting of the Commission.
            (2) Subsequent meetings.--The Commission shall hold 
        subsequent meetings at the call of the chairperson.
    (b) Chairperson and Vice Chairperson.--At the initial meeting, the 
Commission shall elect a Chairperson and Vice Chairperson from among 
its voting members.
    (c) Quorum.--A majority of voting members shall constitute a 
quorum, but a lesser number may hold meetings.
    (d) Voting.--
            (1) In general.--The Commission shall act only on an 
        affirmative vote of a majority of the voting members of the 
        Commission.
            (2) Nonvoting members.--The individuals appointed under 
        subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting 
        members, and shall serve only in an advisory capacity.

SEC. 6. DUTIES OF THE COMMISSION.

    (a) Activities Related to the Sesquicentennial.--The Commission 
shall--
            (1) plan, develop, and carry out programs and activities 
        appropriate to commemorate the sesquicentennial of the Civil 
        War, including activities in recognition of the historic, 
        social, legal, cultural, and political forces that--
                    (A) caused the Civil War; and
                    (B) influenced the course and outcomes of the Civil 
                War;
            (2) encourage interdisciplinary examination of the Civil 
        War;
            (3) facilitate and promote Civil War-related activities 
        throughout the United States;
            (4) encourage civic, historical, educational, economic, 
        preservation, and other organizations throughout the United 
        States to organize and participate in activities to expand the 
        understanding and appreciation of the significance of the Civil 
        War;
            (5) coordinate and facilitate the public distribution of 
        scholarly research, publications, and interpretations of the 
        Civil War through institutions such as the Virginia Center for 
        Digital History at the University of Virginia, the Valley of 
        the Shadow, Center for Study of the American South at the 
        University of North Carolina, and the Center for the Study of 
        Southern Culture at the University of Mississippi;
            (6) coordinate with, and provide technical assistance to, 
        States, units of local government, and nonprofit organizations 
        (including State and local sesquicentennial commemoration 
        entities) to further the commemoration of the sesquicentennial 
        of the Civil War;
            (7) coordinate and facilitate commemoration activities of 
        Federal agencies relating to the sesquicentennial of the Civil 
        War;
            (8) develop programs and facilities to ensure that the 
        sesquicentennial commemoration of the Civil War results in a 
        positive legacy and long-term public benefit;
            (9) encourage and facilitate the preservation of Civil War-
        related historic sites and battlefields as a lasting legacy of 
        the sesquicentennial commemoration;
            (10) plan, develop, and carry out programs and activities 
        to use funds raised from individuals, foundations, and 
        corporations for sesquicentennial activities at the national 
        level;
            (11) at the election of the Commission, provide funds to 
        State and local programs to carry out activities that advance 
        the goals of the Commission; and
            (12) encourage the development and conduct of programs 
        designed to involve the international community in activities 
        that commemorate the Civil War.
    (b) Plans and Report.--
            (1) Strategic plan and annual performance plans.--The 
        Commission shall prepare a strategic plan in accordance with 
        section 306 of title 5, United States Code, and annual 
        performance plans in accordance with section 1115 of title 31, 
        United States Code, for the activities of the Commission 
        carried out under this Act.
            (2) Reports.--
                    (A) Annual report.--The Commission shall submit to 
                Congress an annual report that contains a list of each 
                gift, bequest, or devise with a value of more than 
                $250, together with the identity of the donor of each 
                such gift, bequest, or devise.
                    (B) Final report.--Not later than December 30, 
                2015, the Commission shall submit to Congress a final 
                report that contains--
                            (i) a summary of activities of the 
                        Commission;
                            (ii) a final accounting of funds received 
                        and expended by the Commission; and
                            (iii) the findings and recommendations of 
                        the Commission.

SEC. 7. GRANT PROGRAM.

    (a) Grants Authorized.--The National Endowment for the Humanities 
shall award grants under this section for the uses described in 
subsection (b).
    (b) Use of Grants.--Grants awarded under this section shall be used 
for appropriate activities relating to the sesquicentennial of the 
Civil War.
    (c) Consideration.--In awarding grants under this section, the 
National Endowment of the Humanities shall consider and give priority 
to programs carried out by institutions of higher education, museums, 
nonprofit organizations, professional associations, or State 
sesquicentennial commissions with a national scope that support the 
duties of the Commission described in section 6, including programs 
that concentrate on the role of African Americans in the Civil War.

SEC. 8. POWERS OF THE COMMISSION.

    The Commission may--
            (1) solicit, accept, use, and dispose of gifts, bequests, 
        or devises of money or other real or personal property for the 
        purpose of aiding or facilitating the work of the Commission;
            (2) appoint any advisory committee as the Commission 
        considers appropriate for the purposes of this Act;
            (3) authorize any voting member or employee of the 
        Commission to take any action that the Commission is authorized 
        to take under this Act;
            (4) procure supplies, services, and property, and make or 
        enter into contracts, leases, or other legal agreements to 
        carry out this Act (except that any contracts, leases, or other 
        legal agreements entered into by the Commission shall not 
        extend beyond the date of the termination of the Commission);
            (5) use the United States mails in the same manner and 
        under the same conditions as other Federal agencies; and
            (6) establish a foundation that is independent from, but 
        affiliated with, the Commission to support, as the Commission 
        determines to be necessary, the efforts of the Commission.

SEC. 9. PERSONNEL MATTERS.

    (a) Compensation of Members.--Members of the Commission, and 
members of any advisory committee appointed under section 8(2), shall 
serve without compensation.
    (b) Travel Expenses.--Members of the Commission, and members of any 
advisory committees appointed under section 8(2), shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may, 
        without regard to civil service laws (including regulations), 
        appoint and terminate an executive director and such other 
        additional personnel as are necessary to enable the Commission 
        to perform the duties of the Commission.
            (2) Confirmation of executive director.--The employment of 
        an executive director shall be subject to confirmation by the 
        Commission.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Chairperson of the Commission may fix the 
                compensation of the executive director and other 
                personnel without regard to the provisions of chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the 
                executive director and other personnel shall not exceed 
                the rate payable for level V of the Executive Schedule 
                under section 5316 of title 5, United States Code.
    (d) Detail of Government Employees.--
            (1) In general.--At the request of the Commission, the head 
        of any Federal agency may detail, on a reimbursable or 
        nonreimbursable basis, any of the personnel of the agency to 
        the Commission to assist the Commission in carrying out the 
        duties of the Commission under this Act.
            (2) Civil service status.--The detail of an employee under 
        paragraph (1) shall be without interruption or loss of civil 
        service status or privilege.
    (e) Volunteer and Uncompensated Services.--Notwithstanding section 
1342 of title 31, United States Code, the Commission may accept and use 
voluntary and uncompensated services as the Commission determines 
necessary.
    (f) Support Services.--The Director of the National Park Service 
shall provide to the Commission, on a reimbursable basis, such 
administrative support services as the Commission may request.
    (g) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at daily 
rates for individuals which do not exceed the daily equivalent of the 
annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.
    (h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
    (i) Termination.--The Commission shall terminate on the date that 
is 90 days after the date on which the Commission submits its report 
under section 6(b)(2).

SEC. 10. AUDIT OF COMMISSION.

    The Inspector General of the Department of the Interior shall 
perform an annual audit of the Commission and shall make the results of 
the audit available to the public.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act (other than section 7) $500,000 for each of fiscal years 
2012 through 2016.
    (b) Grants.--There is authorized to be appropriated $3,500,000 to 
the National Endowment for the Humanities to provide grants under 
section 7, to remain available until expended.

SOLUTION: Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commemoration Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties.

 Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider and give priority to programs carried out by institutions of higher education, museums, nonprofit organizations, professional associations, or state sesquicentennial commissions that support the duties of the Commission, including those that concentrate on the role of African Americans in the Civil War.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on the Removal of 
Mexican-Americans to Mexico Act''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) From 1929 through 1941, Federal, State, and local 
        Government authorities and certain private sector entities 
        throughout the United States undertook an aggressive program to 
        forcibly remove individuals of Mexican ancestry from the United 
        States.
            (2) As many as 1,200,000 individuals of Mexican ancestry 
        who were United States citizens were forcibly removed to 
        Mexico.
            (3) These men, women, and children were removed outside the 
        United States in response to public pressure to curtail the 
        employment of Mexican-Americans, most of whom were United 
        States citizens or residing legally in the United States, 
        during the Depression.
            (4) Massive raids were conducted on Mexican-American 
        communities, and many of the people who were removed were never 
        able to return to the United States, their country of birth.
            (5) These raids targeted individuals of Mexican ancestry, 
        even when such individuals were United States citizens or 
        permanent legal residents.
            (6) These raids also separated such United States citizens 
        and permanent legal residents from their families and deprived 
        them of their livelihoods and constitutional rights.
            (7) No official inquiry into this matter has been made.
    (b) Purpose.--It is the purpose of this Act to establish a fact 
finding commission to determine whether United States citizens and 
permanent legal residents were forcibly removed to Mexico from 1929 to 
1941 in violation of law as a result of past directives of Federal, 
State and local governments and the impact of such removal on those 
individuals, their families, and the Mexican-American community in the 
United States, and to recommend appropriate remedies.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There is established a commission to be known as the ``Commission 
on the Removal of Mexican-Americans to Mexico''.

SEC. 4. DUTIES OF THE COMMISSION.

    The Commission shall--
            (1) review the facts and circumstances surrounding the 
        removal of certain United States citizens and permanent legal 
        residents to Mexico from 1929 to 1941, and the impact of such 
        actions on these individuals, their families, and the Mexican-
        American community in the United States;
            (2) review past directives of Federal, State, and local 
        governments that required the removal of these individuals to 
        Mexico and any other information related to these directives; 
        and
            (3) submit to Congress a written report of its findings and 
        recommendations.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 
seven members, who shall be appointed within 90 days after the date of 
the enactment of this Act as follows:
            (1) Three members appointed by the President.
            (2) Two members appointed by the Speaker of the House of 
        Representatives, in consultation with the minority leader of 
        the House of Representatives.
            (3) Two members appointed by the President pro tempore of 
        the Senate, in consultation with the minority leader of the 
        Senate.
    (b) Qualifications.--Members appointed under subsection (a) shall 
possess knowledge or expertise related to human rights, civil rights, 
immigration, labor, business, or other pertinent qualifications.
    (c) Term of Office.--Each member shall be appointed for the life of 
the Commission.
    (d) Quorum.--Four members of the Commission shall constitute a 
quorum, but a lesser number may hold hearings.
    (e) Initial Meeting.--The initial meeting of the Commission shall 
be called by the President within one hundred and twenty days after the 
date of the enactment of this Act, or within thirty days after the date 
on which legislation is enacted making appropriations to carry out this 
Act, whichever is later.
    (f) Chairperson and Vice Chairperson.--The Commission shall elect a 
chairperson and vice chairperson from among its members. The term of 
office of each shall be for the life of the Commission.
    (g) Vacancies.--A vacancy in the Commission shall not affect its 
powers and shall be filled in the same manner in which the original 
appointment was made.

SEC. 6. POWERS.

    (a) Hearings.--
            (1) In general.--The Commission or on the authorization of 
        the Commission, any subcommittee or member thereof, may for the 
        purpose of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission or any subcommittee or member considers appropriate.
            (2) Location.--The Commission may hold public hearings in 
        any city of the United States that it finds appropriate.
    (b) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission which the Commission is 
        empowered to investigate by this Act.
            (2) Failure to obey a subpoena.--If a person refuses to 
        obey a subpoena issued under paragraph (1), the Commission may 
        apply to a United States district court for an order requiring 
        that person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where such person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoena.--A subpoena of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is made under paragraph (2) may be served in the 
        judicial district in which the person required to be served 
        resides or may be found.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States, or from any State 
or local government, information necessary to enable it to carry out 
this Act. Upon request of any member, the head of such department or 
agency shall furnish such information to the Commission.
    (d) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons for any services, 
supplies, or other activities necessary to enable the Commission to 
carry out its duties under this Act.

SEC. 7. STAFF.

    (a) In General.--The Commission may appoint and fix the pay of such 
additional staff as it considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--Any staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and may be paid without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services under section 3109(b) of title 5, United 
States Code.
    (d) Administrative Support Services.--Upon request of the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, the administrative support 
services necessary for the Commission to carry out its duties under 
this Act.

SEC. 8. REPORT.

    The Commission shall submit to Congress a written report not later 
than the date which is one year after the date of the initial meeting 
called pursuant to section 5(d) of this Act. The report shall contain a 
detailed statement of the findings and conclusions of the Commission, 
together with its recommendations for legislative actions that the 
Commission considers appropriate.

SEC. 9. TERMINATION.

    The Commission shall terminate 30 days after submitting the report 
under section 8.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on the Removal of Mexican-Americans to Mexico 
        established under section 3.
            (2) Member.--The term ``member'' means a member of the 
        Commission.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any other commonwealth, possession, or 
        territory of the United States.

SOLUTION: Commission on the Removal of Mexican-Americans to Mexico This bill establishes the Commission on the Removal of Mexican-Americans to Mexico, which shall: (1) review the facts and circumstances surrounding the 1929-1941 removal of certain U.S. citizens and permanent legal residents to Mexico and the impact of such actions on such individuals, their families, and the Mexican-American community; (2) review federal, state, and local government directives that required such removal and any other related information; and (3) report its findings, conclusions, and any recommendations for legislative actions. 

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Secret Protection Act of 
2009''.

SEC. 2. STATE SECRET PRIVILEGE.

    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.

SEC. 3. PROTECTION OF SECRETS.

    (a) In General.--The court shall take steps to protect sensitive 
information that comes before the court in connection with proceedings 
under this Act. These steps may include reviewing evidence or pleadings 
and hearing arguments ex parte, issuing protective orders, requiring 
security clearance for parties or counsel, placing material under seal, 
and applying security procedures established under the Classified 
Information Procedures Act for classified information to protect the 
sensitive information.
    (b) In Camera Proceedings.--All hearings and other proceedings 
under this Act may be conducted in camera, as needed to protect 
information that may be subject to the privilege.
    (c) Participation of Counsel.--Participation of counsel in 
proceedings under this Act shall not be limited unless 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 and that no less restrictive means 
of protection suffice. The court shall give a written explanation of 
its decision to the parties and their counsel, which may be placed 
under seal.
    (d) 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 section 2 
that cannot be addressed through less restrictive means provided in 
this section, 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.

SEC. 4. ASSERTION OF THE PRIVILEGE.

    (a) 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.
    (b) 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.

SEC. 5. PRELIMINARY PROCEEDINGS.

    (a) Preliminary Review by Court.--Once the Government has asserted 
the privilege, and before the Court makes any determinations under 
section 6, 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 Act. After any initial protective measures are in place, the Court 
shall proceed to the consideration of additional preliminary matters 
under this section.
    (b) 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 Act.
    (c) 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 Act 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.
    (d) Prehearing Conferences.--After the preliminary review the court 
shall hold one or more conferences with the parties to--
            (1) determine any steps needed to protect sensitive 
        information;
            (2) 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;
            (3) 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;
            (4) resolve any disputes regarding participation of counsel 
        or parties in proceedings relating to the claim, including 
        access to the Government's evidence and arguments;
            (5) set a schedule for completion of discovery related to 
        the Government's claim; and
            (6) take other steps as needed, such as ordering counsel or 
        parties to obtain security clearances.
    (e) Security Clearances.--If the court orders a party or counsel to 
obtain a security clearance, the Government shall promptly conduct the 
necessary review and determine whether or not to provide the clearance. 
If the necessary clearance is not promptly provided to counsel for a 
party, the party may propose that alternate or additional counsel be 
cleared. If within a reasonable time, alternative or additional counsel 
selected by the party cannot be cleared, then the court, in 
consultation with that party and that party's counsel, shall appoint 
another attorney, who can obtain the necessary clearance promptly, to 
represent the party in proceedings under this Act. When a security 
clearance for counsel sought under this Act is denied, the court may 
require the Government to present an ex parte explanation of that 
denial.

SEC. 6. PROCEDURES AND STANDARD FOR ASSESSING THE PRIVILEGE CLAIM.

    (a) Hearing.--The court shall conduct a hearing to determine 
whether the privilege claim is valid.
    (b) Basis for Ruling.--
            (1) Generally.--The court may not determine that the 
        privilege is valid until the court has reviewed--
                    (A) except as provided in paragraph (2), all of the 
                information that the Government asserts is privileged;
                    (B) the affidavits, evidence, memoranda and other 
                filings submitted by the parties related to the 
                privilege claim; and
                    (C) any other evidence that the court determines it 
                needs to rule on the privilege.
            (2) 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 to court to make the 
        independent assessment required by this section.
    (c) 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 section 2, 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.
    (d) 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.

SEC. 7. EFFECT OF COURT DETERMINATION.

    (a) In General.--If the court determines that the privilege is not 
validly asserted, the information may be disclosed to a nongovernmental 
party or admitted at trial, subject to the other rules of evidence. If 
the court determines that the privilege is validly asserted, that 
information shall not be disclosed to a nongovernmental party or the 
public.
    (b) Nonprivileged Substitute.--
            (1) 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 
        section 3(d), 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.
            (2) 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 subsection (d).
    (c) 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.
    (d) 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.

SEC. 8. INTERLOCUTORY APPEAL.

    (a) In General.--The courts of appeal shall have jurisdiction of an 
appeal by any party from any interlocutory 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 expedited by the court of 
        appeals.
            (2) 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--
                    (A) shall hear argument on appeal as expeditiously 
                as possible after adjournment of the trial by the 
                district court;
                    (B) may dispense with written briefs other than the 
                supporting materials previously submitted to the trial 
                court;
                    (C) shall render its decision as expeditiously 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 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 Act by the Government.
    (b) Operation and Effectiveness.--
            (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 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 paragraph (1) as necessary.

SEC. 10. RULE OF CONSTRUCTION.

    This Act provides the only privilege that may be asserted in civil 
cases based on state secrets and the standards and procedures 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--
            (1) the motion for relief is filed with the rendering court 
        within one year of the date of enactment of this Act;
            (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 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, employee, or agent.

SOLUTION:
State Secret Protection Act of 2009 - Declares 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, 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 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.

Allows disclosure of information to a nongovernmental party, or admission at trial under the rules of evidence, 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.