Safety Over Secrecy Act of 2014

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safety Over Secrecy Act of 2014''.

SEC. 2. RESTRICTIONS ON CERTAIN CONFIDENTIALITY AGREEMENTS IN 
              SETTLEMENTS.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1660. Restrictions on certain confidentiality agreements in 
              settlements
    ``(a) Definition.--In this section, the term `hazard to public 
safety or health' means an activity, substance, or condition that has a 
potential to cause harm to the health or safety of the public.
    ``(b) Disclosure in General.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        court may not approve or order the enforcement of any provision 
        in a settlement agreement, or other agreement relating to a 
        settlement, between or among parties in a civil suit if--
                    ``(A) a pleading filed in the suit alleges facts 
                that are relevant to protecting the public from a 
                hazard to public safety or health; and
                    ``(B) the provision prohibits a party from--
                            ``(i) disclosing the fact that the 
                        settlement was reached;
                            ``(ii) disclosing the terms of the 
                        settlement, other than the amount of money, if 
                        any, paid under the settlement;
                            ``(iii) discussing the suit or evidence 
                        produced in the suit; or
                            ``(iv) otherwise discussing the hazard to 
                        public safety or health.
            ``(2) Balance of interests.--
                    ``(A) In general.--On a motion by a party to an 
                agreement described in paragraph (1), a court may 
                approve or order the enforcement of a provision 
                described in paragraph (1)(B), despite the fact that a 
                pleading described in paragraph (1)(A) is filed in the 
                suit, if the court, based on an independent finding of 
                fact, determines that--
                            ``(i) the public interest in the disclosure 
                        of facts that are relevant to protecting the 
                        public from a hazard to public safety or health 
                        is outweighed by a specific and substantial 
                        interest in maintaining the confidentiality of 
                        the information or records that are covered by 
                        the provision; and
                            ``(ii) the requested order is no broader 
                        than necessary to protect the specific and 
                        substantial interest in maintaining 
                        confidentiality described in clause (i).
                    ``(B) Considerations.--With respect to the 
                balancing of interests described in subparagraph 
                (A)(i)--
                            ``(i) there shall be a rebuttable 
                        presumption that the interest in protecting 
                        financial, medical, or other similar personal 
                        information relating to an identifiable 
                        individual outweighs the public interest 
                        described in subparagraph (A)(i);
                            ``(ii) a general interest in the settlement 
                        of disputes may not serve as a specific and 
                        substantial interest described in subparagraph 
                        (A)(i); and
                            ``(iii) a court may redact language in a 
                        settlement agreement, in order to accommodate--
                                    ``(I) the privacy of personal 
                                information; and
                                    ``(II) the public benefit of 
                                awareness of hazards to public safety 
                                and health.
    ``(c) Disclosure to Federal or State Agencies.--
            ``(1) In general.--A court may not approve or order the 
        enforcement of any provision of a settlement agreement, or 
        other agreement relating to a settlement, between or among 
        parties in a civil suit if--
                    ``(A) a pleading filed in the suit alleges facts 
                that are relevant to protecting the public from a 
                hazard to public safety or health; and
                    ``(B) the provision prohibits or otherwise 
                restricts a party from disclosing a fact described in 
                subparagraph (A) to a Federal or State agency with 
                authority to enforce a law or regulate an activity 
                relating to that fact.
            ``(2) Confidentiality maintained.--The confidentiality of a 
        fact described in paragraph (1)(A) that is disclosed to a 
        Federal or State agency described in paragraph (1)(B) shall be 
        protected to the extent otherwise provided under any other law, 
        regulation, or agreement.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 111 of title 28, United States Code, is amended by adding at 
the end the following:

``1660. Restrictions on certain confidentiality agreements in 
                            settlements.''.

Summary: Safety Over Secrecy Act of 2014 - 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 or from discussing the suit, evidence produced in the suit, or the hazard to public safety or health. Defines quot, hazard to public safety or healthquot. As an activity, substance, or condition that has a potential to cause harm to the health or safety of the public. Authorizes a court, upon a motion by a party to the settlement agreement, to 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. 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. Permits courts to redact language to accommodate personal privacy and public awareness. 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. Requires facts disclosed to a federal or state agency to be protected as confidential under any other laws, regulations, or agreements.