3.0.0 3370 2023-01-11T13:33:33Z 2023-01-11T13:33:33Z Senate S 2016-09-21 114 ssju00 Judiciary Committee Senate Standing Referred to 2016-09-21T18:13:17Z 2016-09-21 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2016-09-21 Introduced in Senate IntroReferral 10000 9 Library of Congress W000802 Sen. Whitehouse, Sheldon [D-RI] Sheldon Whitehouse D RI N Law Administrative law and regulatory procedures Bank accounts, deposits, capital Civil actions and liability Criminal investigation, prosecution, interrogation Environmental health Environmental regulatory procedures Evidence and witnesses Hazardous wastes and toxic substances Health information and medical records Health promotion and preventive care Judicial procedure and administration Right of privacy Law 00 2016-09-21 Introduced in Senate 2016-11-09T19:53:58Z Safety Over Secrecy Act of 2016

This bill amends the federal judicial code to prohibit courts, except when balancing confidentiality interests against public awareness interests in response to a party's motion, from approving or ordering the enforcement of any provision of a settlement agreement in a civil suit if: (1) a pleading in the suit alleges facts relevant to protecting the public from a hazard to public safety or health; and (2) the provision prohibits a party from disclosing settlement terms (other than the amount of any money paid under the settlement) or from discussing the suit, evidence produced in the suit, or the hazard to public safety or health.

A "hazard to public safety or health" is defined as an activity, substance, or condition that has a potential to cause harm to the health or safety of the public.

Upon a motion by a party to the settlement agreement, a court may approve or order enforcement of such a provision if: (1) the public interest in disclosure of facts relevant to protecting the public is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records, and (2) the requested order is no broader than necessary to protect such confidentiality.

The bill establishes a rebuttable presumption that the interest in protecting financial, medical, or other similar personal information relating to an identifiable individual outweighs the public interest in disclosure. Courts may redact language to accommodate personal privacy and public awareness.

The bill also prohibits courts from approving or ordering the enforcement of a settlement agreement provision in a civil suit that includes allegations concerning public safety and health hazards if the provision restricts a party from disclosing such information to a federal or state agency with law enforcement or regulatory authority over related activity. But facts disclosed to a federal or state agency must be protected as confidential under any other laws, regulations, or agreements.

]]> Safety Over Secrecy Act of 2016 Display Title Safety Over Secrecy Act of 2016 Official Title as Introduced A bill to restrict confidentiality agreements that prohibit the disclosure of information relating to hazards to public safety or health, and for other purposes. Introduced in Senate IS Short Titles as Introduced Safety Over Secrecy Act of 2016 Introduced in Senate 2016-09-21T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114s3370is/xml/BILLS-114s3370is.xml 2016-09-21 Read twice and referred to the Committee on the Judiciary. 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.