II

103D CONGRESS

1ST SESSION S. 1404

To amend chapter 111 of title 28, United States Code, relating to protective

orders, sealing of cases, disclosures of discovery information in civil

actions, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 6 (legislative day, JUNE 30), 1993

Mr. KOHL introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To amend chapter 111 of title 28, United States Code,

relating to protective orders, sealing of cases, disclosures

of discovery information in civil actions, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Sunshine in Litigation

5 Act of 1993’’.
2

•S 1404 IS

1 SEC. 2. PROTECTIVE ORDERS AND SEALING OF CASES AND

2 SETTLEMENTS RELATING TO PUBLIC

3 HEALTH OR SAFETY.

4 (a) IN GENERAL.—Chapter 111 of title 28, United

5 States Code, is amended by adding at the end thereof the

6 following new section:

7 ‘‘§ 1659. Protective orders and sealing of cases and

8 settlements relating to public health or

9 safety

10 ‘‘(a)(1) A court shall enter an order under rule 26(c)

11 of the Federal Rules of Civil Procedure restricting the dis12 closure of information obtained through discovery or an

13 order restricting access to court records in a civil case only

14 after making particularized findings of fact that such

15 order would not restrict the disclosure of information

16 which is relevant to the protection of public health or

17 safety.

18 ‘‘(2) No order entered in accordance with the provi19 sions of paragraph (1) shall continue in effect after the

20 entry of final judgment, unless at or after such entry the

21 court makes a separate particularized finding of fact that

22 such order would not prevent the disclosure of information

23 which is relevant to the protection of public health or

24 safety.
3

•S 1404 IS

1 ‘‘(b) The party who is the proponent for the entry

2 of an order, as provided under this section, shall have the

3 burden of proof in obtaining such an order.

4 ‘‘(c)(1) No agreement between or among parties in

5 a civil action filed in a court of the United States may

6 contain a provision that prohibits or otherwise restricts a

7 party from disclosing any information relevant to such

8 civil action to any Federal or State agency with authority

9 to enforce laws regulating an activity relating to such

10 information.

11 ‘‘(2) Any disclosure of information to a Federal or

12 State agency as described under paragraph (1) shall be

13 confidential to the extent provided by law.’’.

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

15 The table of sections for chapter 111 of title 28, United

16 States Code, is amended by adding after the item relating

17 to section 1658 the following:

‘‘1659. Protective orders and sealing of cases and settlements relating to public

health or safety.’’.

18 SEC. 3. EFFECTIVE DATE.

19 The amendments made by this Act shall take effect

20 30 days after the date of the enactment of this Act and

21 shall apply only to orders entered in civil actions or agree22 ments entered into on or after such date.

Æ