S.Amdt. 2824

1. Adds TITLE VI--PROTECTIVE ORDERS on page 392, line 5

   Adds a title

   Inserted: TITLE VI--PROTECTIVE ORDERS

   Inserted: SEC. 601. SHORT TITLE.

   Inserted: This title may be cited as the "Sunshine in Litigation Act of 2006".

   Inserted: SEC. 602. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS.

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

   Inserted: "Sec. 1660. Restrictions on protective orders and sealing of cases and settlements

   Inserted: "(a) Orders Restricting Disclosure of Information.--

   Inserted: "(1) In general.--A court shall not enter an order 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 in a civil case unless the court finds--

   Inserted: "(A) that such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or

   Inserted: "(B) that--

   Inserted: "(i) the public interest in the disclosure of 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

   Inserted: "(ii) the requested protective order is no broader than necessary to protect the privacy interest asserted.

   Show 22 more inserted paragraphsShow less

   Inserted: "(2) Period of effect.--No order entered under paragraph (1), other than an order approving a settlement agreement, shall continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court finds that the requirements of paragraph (1) have been met.

   Inserted: "(3) Burden of proof.--The party who is the proponent for the entry of an order under paragraph (1) shall have the burden of proof in obtaining such an order.

   Inserted: "(4) Not waivable.--This section shall apply if an order under paragraph (1) is requested--

   Inserted: "(A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or

   Inserted: "(B) by application pursuant to the stipulation of the parties.

   Inserted: "(5) Effect on discovery.--

   Inserted: "(A) In general.--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.

   Inserted: "(B) Limit on requests.--No party shall request, as a condition for the production of discovery, that another party stipulate to an order that would violate this section.

   Inserted: "(b) Disclosure to Government Agencies.--

   Inserted: "(1) In general.--A court shall not approve or enforce any provision of an agreement between or among parties to a civil action, or approve or enforce an order under subsection (a)(1), that 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.

   Inserted: "(2) Scope of confidentiality.--Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law.

   Inserted: "(c) Settlements.--

   Inserted: "(1) In general.--Except as provided in paragraph (2), a court shall not enforce any provision of a settlement agreement between or among parties that prohibits 1 or more parties from--

   Inserted: "(A) disclosing that a settlement was reached or the terms of such settlement, other than the amount of money paid; or

   Inserted: "(B) discussing a case, or evidence produced in the case, that involves matters related to public health or safety.

   Inserted: "(2) Exception.--Paragraph (1) shall not apply if the court finds that the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information.".

   Inserted: (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:

   Inserted: "1660. Restrictions on protective orders and sealing of cases and settlements.".

   Inserted: SEC. 603. EFFECTIVE DATE.

   Inserted: The amendments made by this title shall--

   Inserted: (1) take effect 30 days after the date of enactment of this Act; and

   Inserted: (2) apply only to orders entered in civil actions or agreements entered into on or after the date described in paragraph (1).

   Original wording

   On page 392, after line 5, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed