[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3138 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3138

To amend title 28, United States Code, to require public disclosure of 
  settlements of civil actions to which the United States is a party.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 1993

  Mr. Skaggs (for himself, Mr. Hughes, Mr. Hyde, Mrs. Schroeder, Mr. 
   Sensenbrenner, Mr. Synar, Mr. Frost, Mr. Machtley, Mr. Stark, Mr. 
 Kopetski, Ms. Norton, Mr. Towns, Mr. Klug, Mr. Shays, Mr. Evans, Mrs. 
 Mink, Mr. Mann, Mr. Hinchey, Mr. Hilliard, Mr. Inslee, Ms. Shepherd, 
 Mr. Filner, Mr. Barca of Wisconsin, and Mrs. Thurman) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 28, United States Code, to require public disclosure of 
  settlements of civil actions to which the United States is a party.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Court Settlements Sunshine 
Act of 1993''.

SEC. 2. REQUIREMENTS REGARDING SETTLEMENT OF CASES.

    (a) Requirements.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1659. Public availability of settlements of cases
    ``(a) Public Availability of Settlements.--Any settlement made of a 
civil action to which the United States, an agency or department 
thereof, or an officer or employee thereof in his or her official 
capacity, is a real party in interest, shall not be sealed, but shall 
be made available for public inspection, unless the court determines 
that there is clear and convincing evidence of a compelling public 
interest in limiting such availability. Any such determination shall be 
made in writing, shall explain the basis for the determination, and 
shall itself not be sealed or otherwise withheld from public 
inspection.
    ``(b) Dismissal of Cases.--No civil action to which the United 
States, an agency or department thereof, or an officer or employee 
thereof in his or her official capacity, is a real party in interest, 
may be dismissed except by order of court and subsection (a) shall 
apply to any settlement made after such dismissal.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 111 of title 28, United States Code, is amended by adding at 
the end the following new item:

``1659. Public availability of settlements of cases.''.

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