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 ''Government Customer Service
Improvement Act of 2013''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Agency.--The term ''agency''--
(A) means an Executive agency (as defined under
section 105 of title 5, United States Code) that
provides significant services directly to the public or
other entity; and
(B) does not include an Executive agency if the
President determines that this Act should not apply to
the Executive agency for national security reasons.
(2) Customer.--The term ''customer'', with respect to an
agency, means any individual or entity that is directly served
by an agency.

SEC. 3. DEVELOPMENT OF CUSTOMER SERVICE STANDARDS.

(a) Government-Wide Standards.--
(1) In general.--The Director of the Office of Management
and Budget shall develop Government-wide standards for customer
service delivery, which shall be included in the Federal
Government Performance Plan required under section 1115 of
title 31, United States Code.
(2) Requirements.--The standards developed under paragraph
(1) shall include--
(A) Government-wide goals for continuous service
improvements and efforts to modernize service delivery;
and
(B) where appropriate, Government-wide target
response times for telephone calls, electronic mail,
mail, benefit processing, and payments.
(b) Agency Standards.--
(1) In general.--The Chief Performance Officer for each
agency shall establish customer service standards in accordance
with the Government-wide standards established under subsection
(a), which shall be included in the Agency Performance Plans
required under section 1115 of title 31, United States Code.
(2) Requirements.--Agency standards established under
paragraph (1) shall include, if appropriate--
(A) target call wait times during peak and non-peak
hours;
(B) target response times for correspondence, both
by mail and electronic mail;
(C) procedures for ensuring all applicable metrics
are incorporated into service agreements with
nongovernmental individuals and entities;
(D) target response times for processing benefits
and making payments; and
(E) recommendations for effective publication of
customer service contact information, including a
mailing address, telephone number, and email address.
(c) Customer Service Input.--The Performance Improvement Officer
for each agency shall collect information from customers of the agency
regarding the quality of customer service provided by the agency. Each
agency shall include the information collected under this subsection in
the performance report made available by the agency under section 1116
of title 31, United States Code.
(d) Annual Performance Update.--The Director of the Office of
Management and Budget shall include achievements by agencies in meeting
the customer service performance measures and standards developed under
subsection (a) in each update on agency performance required under
section 1116 of title 31, United States Code.

SEC. 4. SERVICE IMPROVEMENT UNIT PILOT PROGRAM.

(a) Established.--The Director of the Office of Management and
Budget shall establish a pilot program, to be known as the Service
Improvement Unit Pilot Program (in this section referred to as the
''pilot program''), to provide assistance to agencies that do not meet
the Government-wide standards established under section 3.
(b) Personnel.--The heads of agencies with expertise in change
management, process improvement, and information technology innovation
shall detail employees to the Office of Management and Budget to work
on the pilot program, based on the expertise and skills required to
address service improvement goals.
(c) Responsibilities.--Under the pilot program, the Office of
Management and Budget shall work with agencies that are not meeting the
customer service standards and performance measures established under
section 3 to improve and modernize service delivery to develop
solutions, including--
(1) evaluating the efforts of the agency to improve service
delivery;
(2) developing a plan to improve within existing resources
and by drawing on expertise and assistance from other agencies
(including the Office of Management and Budget) where
necessary;
(3) monitoring implementation by the agency of the plan
developed under paragraph (2) until the customer service
standards and performance measures are met; and
(4) submitting to the Director of the Office of Management
and Budget monthly reports on the progress being made to
improve service at the agency until the customer service
standards are met.
(d) Report.--Not later than 2 years after the date of enactment of
this Act, the Director of the Office of Management and Budget shall
submit to Congress a report on the accomplishments and outcomes of the
pilot program and any recommendations relating to achieving the
customer service standards and performance measures established under
section 3.
(e) Support.--The Administrator of General Services shall provide
administrative and other support in order to implement the pilot
program under this section. The heads of agencies shall, as appropriate
and to the extent permitted by law, provide at the request of the
Director of the Office of Management and Budget up to 2 personnel
authorizations who have expertise in change management, process
improvement, and information technology innovation to support the pilot
program.
(f) Termination.--The authority to carry out the pilot program
shall terminate 2 years after the date of enactment of this Act.

SEC. 5. RETIREMENT REPORTING.

(a) Definition.--In this section, the term ''agency'' has the
meaning given that term in section 551 of title 5, United States Code.
(b) Reports.--
(1) In general.--Except as provided in paragraph (2) and
not later than 30 days after the date of enactment of this Act,
and every month thereafter, the Director of the Office of
Personnel Management shall submit to Congress and the
Comptroller General of the United States, and issue publicly
(including on the Web site of the Office of Personnel
Management), a report that--
(A) for each agency, evaluates the timeliness,
completeness, and accuracy of information submitted by
the agency relating to employees of the agency who are
retiring; and
(B) indicates--
(i) the total number of applications for
retirement benefits, lump sum death benefits,
court ordered benefits, phased retirement, and
disability retirement that are pending action
by the Office of Personnel Management; and
(ii) the number of months each such
application has been pending.
(2) Suspension of reporting requirement.--Paragraph (1)
shall not apply to the Director of the Office of Personnel
Management for any month immediately following a 3-year period
in which there are no applications described in paragraph
(1)(B) that have been pending for more than 60 days.
(c) Modernization Timeline.--The Director of the Office of
Personnel Management shall establish--
(1) a timetable for the completion of each component of the
retirement systems modernization project of the Office of
Personnel Management, including all data elements required for
accurate completion of adjudication; and
(2) the date by which all Federal payroll processing
entities will electronically transmit all personnel data to the
Office of Personnel Management.
(d) Budget Request.--The Office of Personnel Management shall
include a detailed statement regarding the progress of the Office of
Personnel Management in completing the retirement systems modernization
project of the Office of Personnel Management and recommendations to
Congress regarding the additional resources needed to fully implement
the retirement systems modernization project of the Office of Personnel
Management in each budget request of the Office of Personnel Management
submitted as part of the preparation of the budget of the President
submitted to Congress under section 1105(a) of title 31, United States
Code.

SEC. 6. NO INCREASE IN EXPENDITURES.

It is the sense of Congress that no additional funds should be
appropriated to carry out this Act.

Ex Output:
Government Customer Service Improvement Act of 2013 - Requires the Director of the Office of Management and Budget (OMB) to develop government-wide standards for customer service delivery, which shall be included in the Federal Government Performance Plan. Requires such standards to include: (1) government-wide goals for continuous service improvements and efforts to modernize service delivery; and (2) government-wide target response times for telephone calls, electronic mail, mail, benefit processing, and payments. Directs: (1) the Chief Performance Officer for each executive agency to establish customer service standards in accordance with such government-wide standards, which shall be included in Agency Performance Plans; (2) the Performance Improvement Officer for each agency to collect information from customers of the agency regarding the quality of customer service provided; and (3) the Director to include agency achievements in meeting such standards and customer service performance measures in each required update on agency performance. Requires: (1) the Director to establish a two-year Service Improvement Unit Pilot Program to provide assistance to agencies that do not meet such government-wide standards, and (2) the Administrator of General Services (GSA) to provide administrative and other support to implement such Program. Requires the Director of the Office of Personnel Management (OPM) to: (1) submit to Congress and the Comptroller General (GAO) and issue publicly every month a report on information submitted by each federal agency regarding its employees who are retiring and pending applications for retirement benefits, (2) establish a timetable for completion of OPM's retirement systems modernization project and a deadline by which all federal payroll processing entities will electronically transmit all personnel data to OPM, and (3) include in each annual budget request a statement on OPM's progress in completing such project and resources needed to implement it.

Ex Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Keeping Families
Together Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).

(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ''aggravated felony'' made by such section 321 may apply
to the Secretary of Homeland Security to be considered for adjustment
of status or cancellation of removal in conformance with the provisions
of section 101(a)(43) of the Immigration and Nationality Act, as
restored by subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
''(c) Detention of Criminal Aliens.--
''(1) In general.--The Secretary of Homeland Security shall
take into custody any alien convicted of an aggravated felony
upon release of the alien (regardless of whether or not such
release is on parole, supervised release, or probation, and
regardless of the possibility of rearrest or further
confinement in respect of the same offense). Notwithstanding
subsection (a) or section 241(a) but subject to paragraph (2),
the Secretary of Homeland Security shall not release such felon
from custody.
''(2) Non-release.--The Secretary of Homeland Security may
not release from custody any who has been convicted of an
aggravated felony, either before or after a determination of
removability, unless--
''(A)(i) the alien was lawfully admitted, or
''(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
''(B) the alien satisfies the Secretary of Homeland
Security that the alien will not pose a danger to the
safety of other persons or of property and is likely to
appear for any scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
''(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Secretary of Homeland Security without regard to
the provisions of subsection (a) (other than paragraphs (3) and
(10)(C)). Nothing contained in this subsection shall limit the
authority of the Secretary of Homeland Security to exercise the
discretion vested in him under section 211(b). The first sentence of
this subsection shall not apply to an alien who has been convicted of
one or more aggravated felonies and has served for such felony or
felonies a term of imprisonment of at least 5 years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:

''judicial review of orders of removal

''Sec. 242. (a) The procedure prescribed by, and all the
provisions of chapter 158 of title 28, United States Code, shall apply
to, and shall be the sole and exclusive procedure for, the judicial
review of all final orders of removal heretofore or hereafter made
against aliens within the United States pursuant to administrative
proceedings under section 240 of this Act or comparable provisions of
any prior Act, except that--
''(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
''(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
''(3) the action shall be brought against the Department of
Homeland Security, as respondent. Service of the petition to
review shall be made upon the Secretary of Homeland Security of
the United States and upon the official of the Department of
Homeland Security in charge of the district in which the office
of the clerk of the court is located. The service of the
petition for review upon such official of the Service shall
stay the removal of the alien pending determination of the
petition by the court, unless the court otherwise directs or
unless the alien is convicted of an aggravated felony, in which
case the Service shall not stay the removal of the alien
pending determination of the petition of the court unless the
court otherwise directs;
''(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Secretary of Homeland Security's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive;
''(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
''(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
''(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Secretary of Homeland Security's
findings of fact, if supported by reasonable, substantial, and
probative evidence on the record considered as a whole, shall
be conclusive. If the removal order is held invalid, the court
shall dismiss the indictment and the United States shall have
the right to appeal to the court of appeals within 30 days. The
procedure on such appeals shall be as provided in the Federal
rules of criminal procedure. No petition for review under this
section may be filed by any alien during the pendency of a
criminal proceeding against such alien for violation of
subsection (a) or (b) of section 243 of this Act;
''(8) nothing in this section shall be construed to require
the Secretary of Homeland Security to defer removal of an alien
after the issuance of a removal order because of the right of
judicial review of the order granted by this section, or to
relieve any alien from compliance with subsections (a) and (b)
of section 243 of this Act. Nothing contained in this section
shall be construed to preclude the Secretary of Homeland
Security from detaining or continuing to detain an alien or
from taking the alien into custody pursuant to section 241 of
this Act at any time after the issuance of a removal order;
''(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
''(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
''(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
''(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
''(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
''(A) whether the alien is in fact the alien described in
the order;
''(B) whether the alien is in fact an alien described in
section 238(b)(2);
''(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
''(D) whether the alien was afforded the procedures
required by section 238(b)(4).
''(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been/not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Secretary of Homeland Security shall establish a process (whether
through permitting the reopening of a removal proceeding or otherwise)
under which an alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Secretary of Homeland Security should exercise the
parole authority under section 212(d)(5)(A) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting
aliens removed from the United States to participate in the process
established under subsection (a).

Ex Output:
Keeping Families Together Act of 2005 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien.

Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act.

Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."

Authorizes the Secretary of Homeland Security to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted.

Revises provisions respecting judicial review of removal orders.

Requires the Secretary to establish a post-proceeding removal relief process for affected aliens.

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.