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

This Act may be cited as the ''Residential Energy Savings Act of
2013''.

SEC. 2. STATE RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES LOAN
PILOT PROGRAM.

(a) Loans for Residential Building Energy Efficiency Upgrades.--
Part D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.) is amended by adding at the end the following:

''SEC. 367. LOANS FOR RESIDENTIAL BUILDING ENERGY EFFICIENCY UPGRADES.

''(a) Definitions.--In this section:
''(1) Consumer-friendly loan repayment approach.--The term
'consumer-friendly loan repayment approach' means a loan
repayment method that--
''(A) emphasizes convenience for customers;
''(B) is of low cost to consumers; and
''(C) may tie loan repayment to an existing bill of
the consumer.
''(2) Eligible entity.--The term 'eligible entity' means--
''(A) a State or territory of the United States;
and
''(B) an Indian tribal government.
''(3) Energy advisor program.--
''(A) In general.--The term 'energy advisor
program' means any program to provide to homeowners or
residents advice, information, and support in the
identification, prioritization, and implementation of
energy efficiency and energy savings measures.
''(B) Inclusions.--The term 'energy advisor
program' includes a program that provides--
''(i) interpretation of energy audit
reports;
''(ii) assistance in the prioritization of
improvements;
''(iii) assistance in finding qualified
contractors;
''(iv) assistance in contractor bid
reviews;
''(v) education on energy conservation,
renewable energy, and energy efficiency;
''(vi) explanations of available incentives
and tax credits;
''(vii) assistance in completion of rebate
and incentive paperwork; and
''(viii) any other similar type of support.
''(4) Energy efficiency.--The term 'energy efficiency'
means a reduction in energy use, including thermal energy for
heating.
''(5) Energy efficiency upgrade.--
''(A) In general.--The term 'energy efficiency
upgrade' means any project or activity carried out on a
residential building to increase energy efficiency.
''(B) Inclusions.--The term 'energy efficiency
upgrade' includes the installation or improvement of
renewable energy for heating or electricity generation
serving a residential building carried out in
conjunction with an energy efficiency project or
activity.
''(6) Residential building.--
''(A) In general.--The term 'residential building'
means a building used for residential purposes.
''(B) Inclusions.--The term 'residential building'
includes--
''(i) a single-family residence;
''(ii) a multifamily residence composed not
more than 4 units; and
''(iii) a mixed-use building that includes
not more than 4 residential units.
''(b) Establishment of Program.--
''(1) In general.--The Secretary shall establish a program
under this part under which the Secretary shall make available
to eligible entities loans for the purpose of establishing or
expanding programs that provide to residential property owners
or tenants financing for energy efficiency upgrades of
residential buildings.
''(2) No requirement to participate.--No eligible entity
shall be required to participate in any manner in the program
established under paragraph (1).
''(c) Applications.--
''(1) In general.--To be eligible to receive a loan under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
''(2) Selection.--In selecting eligible entities to receive
loans under this section, the Secretary shall--
''(A) to the maximum extent practicable, ensure--
''(i) that both innovative and established
approaches to the challenges of financing
energy efficiency upgrades are supported;
''(ii) regional diversity among recipients,
including participation by rural States and
small States; and
''(iii) significant participation by low-
and medium-income families;
''(B) evaluate applications based primarily on--
''(i) the projected reduction in energy
use;
''(ii) the extent to which Federal funds
are used to leverage additional funding from
State, local, philanthropic, private sector,
and other sources;
''(iii) the creditworthiness of the
eligible entity; and
''(iv) the incorporation of measures, such
as on-bill repayment, for making the loan
repayment system for recipients of financing as
consumer-friendly as practicable; and
''(C) evaluate applications based secondarily on--
''(i) the extent to which the proposed
financing program of the eligible entity
incorporates best practices for such a program,
as determined by the Secretary;
''(ii) whether the eligible entity has
created a plan for evaluating the effectiveness
of the proposed financing program;
''(iii) the extent to which the proposed
financing program incorporates energy advisor
programs and support programs designed to
increase the effectiveness of the program;
''(iv) the projected quantity of renewable
energy to be generated, to the extent that
renewable energy generation will be included;
''(v) the extent to which the proposed
financing program will be coordinated and
marketed with other existing or planned energy
efficiency programs administered by--
''(I) utilities;
''(II) State, tribal, territorial,
or local governments; or
''(III) community development
financial institutions; and
''(vi) such other factors as the Secretary
determines to be appropriate.
''(d) Term; Interest.--
''(1) In general.--The Secretary shall establish terms and
interest rates for loans provided to eligible entities under
this section in a manner that--
''(A) provides for a high degree of cost recovery;
and
''(B) ensures that the loans are competitive with,
or superior to, other forms of financing for similar
purposes.
''(2) Performance incentive.--The Secretary shall establish
a performance incentive providing a repayment discount for
eligible entities in an amount equal to not more than the value
of the interest accrued on the loan provided to the applicable
eligible entity under this section, based on performance as
evaluated in accordance with the factors described in
subparagraphs (B) and (C) of subsection (c)(2).
''(e) Use of Funds.--
''(1) In general.--An eligible entity shall use a loan
provided under this section to establish or expand a financing
program--
''(A) the purpose of which is to enable residential
building owners or tenants to conduct energy efficiency
upgrades of residential buildings;
''(B) that may not require any initial capital,
excluding fees; and
''(C) that incorporates a consumer-friendly loan
repayment approach.
''(2) Structure of financing program.--The financing
program of an eligible entity may--
''(A) consist--
''(i) primarily or entirely of a financing
program administered by--
''(I) the applicable State; or
''(II) a local government, utility,
or other entity; or
''(ii) of a combination of programs
described in clause (i); and
''(B) rely on financing provided by--
''(i) the eligible entity; or
''(ii) a third party, acting through the
eligible entity.
''(3) Form of assistance.--Assistance provided by an
eligible entity under this subsection may be in the form of--
''(A) a revolving loan fund;
''(B) a credit enhancement structure designed to
mitigate the effects of default; or
''(C) a program that--
''(i) adopts any other approach for
providing financing for energy efficiency
upgrades producing significant energy
efficiency gains;
''(ii) produces a high-leverage ratio of
non-Federal funds; and
''(iii) incorporates measures for making
the loan repayment system for recipients of
financing as consumer-friendly as practicable.
''(4) Scope of assistance.--Assistance provided by an
eligible entity under this subsection may be used to pay for
costs associated with carrying out an energy efficiency
upgrade, including materials and labor.
''(f) Repayment.--An eligible entity shall repay to the Secretary
the amount of a loan provided under this section, together with--
''(1) interest accrued on that amount; and
''(2) such fees as the Secretary determines to be necessary
to recover any portion of the costs of the program under this
section.
''(g) Reports.--
''(1) Eligible entities.--
''(A) In general.--Not later than 2 years after the
date of receipt of the loan, and annually thereafter
for the term of the loan, an eligible entity that
receives a loan under this section shall submit to the
Secretary a report describing the performance of each
program and activity carried out using the loan,
including anonymized loan performance data.
''(B) Requirements.--The Secretary, in consultation
with eligible entities and other stakeholders (such as
lending institutions and the real estate industry),
shall establish such requirements for the reports under
this paragraph as the Secretary determines to be
appropriate--
''(i) to ensure that the reports are clear,
consistent, and straightforward; and
''(ii) taking into account the reporting
requirements for similar programs in which the
eligible entities are participating, if any.
''(2) Secretary.--The Secretary shall submit to Congress
and make available to the public--
''(A) not less frequently than once each year, a
report describing the performance of the program under
this section, including a synthesis and analysis of the
information provided in the reports submitted to the
Secretary under paragraph (1)(A); and
''(B) on termination of the program under this
section, an assessment of the success of, and education
provided by, the measures carried out by eligible
entities during the term of the program.
''(h) Maximum Amount.--The Secretary may provide to eligible
entities a total of not more than $2,000,000,000 in loans under this
section for the costs of activities described in subsection (e).''.
(b) Reorganization.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is amended--
(A) by redesignating sections 362, 363, 364, 365,
and 366 as sections 364, 365, 366, 363, and 362,
respectively, and moving the sections so as to appear
in numerical order;
(B) in section 362 (as so redesignated)--
(i) in paragraph (3)(B)(i), by striking
''section 367, and'' and inserting ''section
367 (as in effect on the day before the date of
enactment of the State Energy Efficiency
Programs Improvement Act of 1990 (42 U.S.C.
6201 note; Public Law 101-440)); and''; and
(ii) in each of paragraphs (4) and (6), by
striking ''section 365(e)(1)'' each place it
appears and inserting ''section 363(e)(1)'';
(C) in section 363 (as so redesignated)--
(i) in subsection (b), by striking ''the
provisions of sections 362 and 364 and
subsection (a) of section 363'' and inserting
''sections 364, 365(a), and 366''; and
(ii) in subsection (g)(1)(A), in the second
sentence, by striking ''section 362'' and
inserting ''section 364''; and
(D) in section 365 (as so redesignated)--
(i) in subsection (a)--
(I) in paragraph (1), by striking
''section 362,'' and inserting
''section 364;''; and
(II) in paragraph (2), by striking
''section 362(b) or (e)'' and inserting
''subsection (b) or (e) of section
364''; and
(ii) in subsection (b)(2), in the matter
preceding subparagraph (A), by striking
''section 362(b) or (e)'' and inserting
''subsection (b) or (e) of section 364''.
(2) Conforming amendments.--Section 391 of the Energy
Policy and Conservation Act (42 U.S.C. 6371) is amended--
(A) in paragraph (2)(M), by striking ''section
365(e)(2)'' and inserting ''section 363(e)(2)''; and
(B) in paragraph (10), by striking ''section 362 of
this Act'' and inserting ''section 364''.
(3) Clerical amendment.--The table of contents of the
Energy Policy and Conservation Act (42 U.S.C. 6201 note; Public
Law 94-163) is amended by striking the items relating to part D
of title III and inserting the following:

''Part D--State Energy Conservation Programs

''Sec. 361. Findings and purpose.
''Sec. 362. Definitions.
''Sec. 363. General provisions.
''Sec. 364. State energy conservation plans.
''Sec. 365. Federal assistance to States.
''Sec. 366. State energy efficiency goals.
''Sec. 367. Loans for residential building energy efficiency
upgrades.''.

SEC. 3. FUNDING.

(a) Budgetary Effects.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go Act of 2010,
shall be determined by reference to the latest statement titled
''Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
(b) Advance Appropriations Required.--An authorization of
appropriations under this Act or an amendment made by this Act shall be
effective for a fiscal year only to the extent and in the amounts
provided in advance in appropriations Acts.
answer:
Residential Energy Savings Act of 2013 - Amends the Energy Policy and Conservation Act to require the Secretary of Energy (DOE) to establish a voluntary loan program to provide support to states, U.S. territories, and Indian tribal governments (eligible entities) in establishing or expanding programs that provide to residential property owners or tenants financing for energy efficiency upgrades of residential buildings. Authorizes assistance provided by eligible entities to be in the form of a: (1) revolving loan fund; (2) credit enhancement structure designed to mitigate the effects of default; or (3) program that adopts other approaches for providing financing for upgrades producing significant energy efficiency gains, produces a high-leverage ratio of non-federal funds, and incorporates measures for making the loan repayment system for recipients of financing consumer-friendly. Requires the Secretary to establish a performance incentive providing a repayment discount in an amount equal to no more than the value of the interest accrued on the loan provided, based on performance as evaluated in accordance with specified factors. Makes an authorization of appropriations under this Act effective for a fiscal year only to the extent and in the amounts provided in advance in appropriations Acts.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mothers' and Infants' Good Health
Act of 1995''.

SEC. 2. REQUIRED COVERAGE FOR CHILD BIRTH.

(a) In General.--A health plan that provides maternity benefits
that include benefits for child birth shall ensure that--
(1) in the case of delivery in a hospital or other
inpatient setting, coverage is provided for a minimum of 48
hours of inpatient care following a vaginal delivery and a
minimum of 96 hours of inpatient care following a caesarean
section for a mother and her newly born child in a health care
facility; and
(2) in the case of delivery in the home or other outpatient
setting, coverage for appropriate home health care in the
setting is provided for a minimum of 48 hours following
delivery.
(b) Terms of Coverage.--A health plan fails to provide coverage
required under subsection (a) if the plan imposes cost-sharing with
respect to care described in such subsection which varies depending on
the length of stay within the minimum period required under such
subsection.
(c) Prohibition.--In implementing the requirements of this section,
a health plan may not modify the terms and conditions of coverage based
on the determination by an enrollee to request less than the minimum
coverage required under subsection (a).
(d) Notice.--A health plan shall provide notice to each enrollee
under such plan regarding the coverage required by this section in
accordance with regulations promulgated by the Secretary of Health and
Human Services, in consultation with the National Association of
Insurance Commissioners. Such notice shall be in writing and
prominently positioned in any literature or correspondence made
available or distributed by the health plan and shall be transmitted--
(1) in the next mailing of general information made by the
plan to the enrollee,
(2) as part of the yearly informational packet sent to the
enrollee, or
(3) not later than January 1, 1996,
whichever is earliest.
(e) Enforcement.--
(1) Failure to provide coverage.--Any health plan that
violates the provisions of this section (other than subsection
(d)) shall be subject to a civil money penalty in an amount
determined by the Secretary of Health and Human Services.
(2) Failure to provide notice.--Any health plan that
violates the provisions of subsection (d) shall be subject to a
civil money penalty in an amount determined by the Secretary of
Health and Human Services.
(3) Process.--The provisions of section 1128A of the Social
Security Act (other than subsections (a) and (b)) shall apply
to civil money penalties under this subsection in the same
manner as they apply to a penalty or proceeding under section
1128A(a) of such Act.
(f) Health Plan.--
(1) In general.--As used in this section, the term ''health
plan'' means any plan or arrangement which provides, or pays
the cost of, health benefits.
(2) Exclusions.--Such term does not include the following,
or any combination thereof:
(A) Coverage only for accidental death or
dismemberment.
(B) Coverage providing wages or payments in lieu of
wages for any period during which the employee is
absent from work on account of sickness or injury.
(C) A medicare supplemental policy (as defined in
section 1882(g)(1) of the Social Security Act).
(D) Coverage issued as a supplement to liability
insurance.
(E) Worker's compensation or similar insurance.
(F) Automobile medical-payment insurance.
(G) A long-term care policy, including a nursing
home fixed indemnity policy (unless the Secretary
determines that such a policy provides sufficiently
comprehensive coverage of a benefit so that it should
be treated as a health plan).
(H) Such other plan or arrangement as the Secretary
of Health and Human Services determines is not a health
plan.
(3) Certain plans included.--Such term includes any plan or
arrangement not described in any subparagraph of paragraph (2)
which provides for benefit payments, on a periodic basis, for--
(A) a specified disease or illness, or
(B) period of hospitalization,
without regard to the costs incurred or services rendered
during the period to which the payments relate.

SEC. 3. EFFECTIVE DATE.

The provisions of section 2 shall apply to all health plans
offered, sold, issued, or renewed after the date of the enactment of
this Act.
answer:
Mothers' and Infants' Good Health Act of 1995 - Requires a health plan that provides maternity benefits that include benefits for child birth to provide coverage for a minimum amount of time following delivery in: (1) a health care facility; and (2) the home or other outpatient setting. Prohibits a health plan from modifying the terms and conditions of coverage, if an enrollee requests less than the minimum coverage required in this Act.
Requires a health plan to provide notice, as specified, to each enrollee regarding the coverage required in this Act.
Establishes civil penalties for failure to provide coverage and failure to provide notice.

question:
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.
answer:
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.