S 623 ISRSCommentsClose CommentsPermalink

Calendar No. 64CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 623CommentsClose CommentsPermalink

To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

March 17, 2011CommentsClose CommentsPermalink

Mr. KOHL (for himself, Mr. GRAHAM, Mr. LEAHY, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

May 19, 2011CommentsClose CommentsPermalink

Reported by Mr. LEAHY, with an amendmentCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Sunshine in Litigation Act of 2011’. CommentsClose CommentsPermalink

SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS.

(a) In General- Chapter 111 of title 28, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘Sec. 1660. Restrictions on protective orders and sealing of cases and settlements

‘(a)(1) IExcept as provided under subsection (e), in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records unless in connection with such order the court has first made independent findings of fact that-- CommentsClose CommentsPermalink





‘(A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or CommentsClose CommentsPermalink





‘(B)(i) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and CommentsClose CommentsPermalink





‘(ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. CommentsClose CommentsPermalink





‘(2) No order entered as a result of the operation paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. CommentsClose CommentsPermalink





‘(3) The party who is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining such an order. CommentsClose CommentsPermalink





‘(4) This section shall apply even if an order under paragraph (1) is requested-- CommentsClose CommentsPermalink





‘(A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or CommentsClose CommentsPermalink





‘(B) by application pursuant to the stipulation of the parties. CommentsClose CommentsPermalink





‘(5)(A) The provisions of this section shall not constitute grounds for the withholding of information in discovery that is otherwise discoverable under rule 26 of the Federal Rules of Civil Procedure. CommentsClose CommentsPermalink





‘(B) A court shall not approve any party’s stipulation or request to stipulate to an order that would violate this section. CommentsClose CommentsPermalink





‘(b)(1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not approve or enforce any provision of an agreement between or among parties, or approve or enforce an order entered as a result of the operation of subsection (a)(1), to the extent that such provision or such order prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. CommentsClose CommentsPermalink





‘(2) Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law. CommentsClose CommentsPermalink





‘(c)(1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement described under subsection (a)(1) between or among parties that prohibits 1 or more parties from-- CommentsClose CommentsPermalink





‘(A) disclosing the fact that such settlement was reached or the terms of such settlement, other than the amount of money paid; or CommentsClose CommentsPermalink





‘(B) discussing a civil action, or evidence produced in the civil action, that involves matters relevant to the protection of public health or safety. CommentsClose CommentsPermalink





‘(2) Paragraph (1) applies unless the court has made independent findings of fact that-- CommentsClose CommentsPermalink





‘(A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and CommentsClose CommentsPermalink





‘(B) the requested order is no broader than necessary to protect the confidentiality interest asserted. CommentsClose CommentsPermalink





‘(d) When weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information relating to financial, health or other similar information of an individual outweighs the public interest in disclosure. CommentsClose CommentsPermalink





‘(e) Nothing in this section-- CommentsClose CommentsPermalink





‘(1) shall prohibit a court from entering an order that would restrict the disclosure of information, or an order restricting access to court records, if in either instance such order is necessary to protect from public disclosure-- CommentsClose CommentsPermalink





‘(A) information classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or CommentsClose CommentsPermalink





‘(B) intelligence sources and methods; or CommentsClose CommentsPermalink





‘(2) shall be construed to permit, require, or authorize the disclosure of classified information (as defininformation that-- CommentsClose CommentsPermalink





‘(A) is classified under section 1 of the Classified Information Procedures Act (18 U.S.C. App.))criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or CommentsClose CommentsPermalink





‘(B) reveals intelligence sources and methods.’. CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: CommentsClose CommentsPermalink





‘1660. Restrictions on protective orders and sealing of cases and settlements.’. CommentsClose CommentsPermalink

SEC. 3. EFFECTIVE DATE AND APPLICATION.

The amendments made by this Act shall-- CommentsClose CommentsPermalink





(1) take effect 30 days after the date of enactment of this Act; CommentsClose CommentsPermalink





and(2) apply only to orders entered in civil actions or agreements entered into on or after such date.the effective date of this Act; and CommentsClose CommentsPermalink





(3) not provide a basis for the-- CommentsClose CommentsPermalink





(A) granting of a motion to reconsider, modify, amend or vacate a protective order or settlement order entered into before the effective date of this Act; or CommentsClose CommentsPermalink





(B) reversal on appeal of a protective order or settlement order entered into before the effective date of this Act. CommentsClose CommentsPermalink

Calendar No. 64CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 623CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes.CommentsClose CommentsPermalink

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May 19, 2011CommentsClose CommentsPermalink

Reported with an amendmentCommentsClose CommentsPermalink