3.0.0 623 2022-02-03T05:53:21Z 2022-02-03T05:53:21Z Senate S S 2011-03-17 112 ssju00 Judiciary Committee Senate Standing Reported by 2011-05-19T22:27:58Z Markup by 2011-05-19T16:03:36Z Referred to 2011-03-17T19:44:38Z S. Rept. 112-45 Sunshine in Litigation Act of 2011 112 592 HR 2011-02-14 Referred to the Subcommittee on Courts, Commercial and Administrative Law. Related bill CRS 2011-08-02 ssju00 Judiciary Committee Senate By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-45. Minority views filed. Floor 2011-08-02 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-45. Minority views filed. Committee 14900 9 Library of Congress ssju00 Judiciary Committee 2011-05-19 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 64. Calendars 2011-05-19 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 2011-05-19 Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2011-05-19 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2011-03-17 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1838) IntroReferral 2011-03-17 Sponsor introductory remarks on measure. (CR S1836-1838) IntroReferral B00100 9 Library of Congress 2011-03-17 Introduced in Senate IntroReferral 10000 9 Library of Congress K000305 Sen. Kohl, Herb [D-WI] HERBERT KOHL D WI H. N G000359 Sen. Graham, Lindsey [R-SC] Lindsey Graham R SC 2011-03-28 False L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2011-04-08 False F000062 Sen. Feinstein, Dianne [D-CA] Dianne Feinstein D CA 2011-05-19 False Law Civil actions and liability Evidence and witnesses Freedom of information Government information and archives Health information and medical records Right of privacy Law 00 2011-03-17 Introduced in Senate 2011-04-06T15:25:02Z Sunshine in Litigation Act of 2011 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to the protection of public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, unless in connection with such order the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety; or (2) 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, and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Prohibits a court from approving any party's stipulation or request to stipulate to an order that would violate this Act.

Prohibits a court, again in any such civil action, from: (1) approving or enforcing any provision of an agreement between or among parties, or an order entered under this Act, to the extent that it restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information (requires such information disclosed to a federal or state agency to be confidential to the extent provided by law); or (2) enforcing any provision of a settlement agreement described under this Act between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters relevant to the protection of public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that 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 the requested protective order is no broader than necessary to protect the confidentiality interest asserted.

Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure.

Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of classified information, as defined under the Classified Information Procedures Act.

]]> 01 2011-05-19 Reported to Senate with amendment(s) 2011-06-17T13:50:55Z Sunshine in Litigation Act of 2011 - (Sec. 2) Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to protecting public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, subject to exceptions, unless the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety; or (2) 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, and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Prohibits a court from approving any party's stipulation or request to stipulate to an order that would violate this Act.

Prohibits such a court from: (1) approving or enforcing any provision of an agreement between or among parties, or an order entered under this Act, to the extent that it restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information (requires such information disclosed to a federal or state agency to be confidential to the extent provided by law); or (2) enforcing any provision of a settlement agreement described under this Act between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters relevant to the protection of public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that 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 the requested protective order is no broader than necessary to protect the confidentiality interest asserted.

Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure.

Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of, and no court shall be prohibited from restricting disclosure of or access to: (1) information classified under a secret Executive order concerning national defense or foreign policy, or (2) intelligence sources and methods.

(Sec. 3) Bars this Act from providing a basis for: (1) granting a motion to reconsider, modify, amend, or vacate a protective or settlement order entered before the effective date of this Act; or (2) reversing such an order retroactively on appeal.

]]> Sunshine in Litigation Act of 2011 Short Titles as Introduced Sunshine in Litigation Act of 2011 Short Titles as Reported to Senate Sunshine in Litigation Act of 2011 S Senate Display Title Sunshine in Litigation Act of 2011 Official Title as Introduced A bill 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. Reported to Senate 2011-05-19T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s623rs/xml/BILLS-112s623rs.xml Introduced in Senate 2011-03-17T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-112s623is/xml/BILLS-112s623is.xml 2011-08-02 By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-45. Minority views filed. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.