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Golly. It's retroactive.
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.
http://blog.wired.com/27bstroke6/files/state_secrets_legislation.pdf [This is the only version of the House bill I've been able to find (H.R.984). Wired: Threat Level has been a good source in the past, though.]
