Sunshine in Litigation Act of 2011

Summary

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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 17 March 2011

   Introduced

   Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1838)

   Source: IntroReferral

2. 17 March 2011

   Introduced

   Sponsor introductory remarks on measure. (CR S1836-1838)

   Source: IntroReferral

3. 17 March 2011

   Introduced

   Introduced in Senate

   Source: IntroReferral

4. 19 May 2011

   Reported

   Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.

   Source: Committee

5. 19 May 2011

   Calendars

   Placed on Senate Legislative Calendar under General Orders. Calendar No. 64.

   Source: Calendars

6. 19 May 2011

   Reported

   Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.

   Source: Committee

7. 2 August 2011

   Floor

   By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-45. Minority views filed.

   Source: Floor

8. 2 August 2011

   Committee

   By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-45. Minority views filed.

   Source: Committee

Votes

No vote records are attached yet.

Versions

• Reported to Senate · 19 May 2011 · Official file
• Introduced in Senate · 17 March 2011 · Official file

Documents

6 official files

• Reported to Senate (text)

  Reported to Senate · EN · 19 May 2011

  ViewDownloadOpen at official source

• Reported to Senate (PDF)

  Reported to Senate · EN · 19 May 2011

  ViewDownloadOpen at official source

• Reported to Senate with amendment(s)

  summary · EN · 19 May 2011

  Open at official source

• Introduced in Senate (text)

  Introduced in Senate · EN · 17 March 2011

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 17 March 2011

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 17 March 2011

  Open at official source

Sponsors

• Sen. Kohl, Herb [D-WI] · D · Sponsor
• Sen. Graham, Lindsey [R-SC] · R · Cosponsor
• Sen. Leahy, Patrick J. [D-VT] · D · Cosponsor
• Sen. Feinstein, Dianne [D-CA] · D · Cosponsor
• · ssju00 · Standing

Related records

• related to → Sunshine in Litigation Act of 2011