Home > 107th Congressional Bills > S. 818 (is) To amend the Internal Revenue Code of 1986 to provide a long-term capital gains exclusion for individuals, and to reduce the holding period for long-term capital gain treatment to 6 months, and for other purposes. [Introduced in Senate] %%File...

S. 818 (is) To amend the Internal Revenue Code of 1986 to provide a long-term capital gains exclusion for individuals, and to reduce the holding period for long-term capital gain treatment to 6 months, and for other purposes. [Introduced in Senate] %%File...


Google
 
Web GovRecords.org







108th CONGRESS
  1st Session
                                 S. 817

   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

                             April 8, 2003

Mr. Kohl introduced the following bill; which was read twice and 
        referred to the Committee on the JudiciaryYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 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.

    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 ``Sunshine in Litigation Act of 
2003''.

SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND 
              SETTLEMENTS.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1660. Restrictions on protective orders and sealing of cases and 
              settlements
    ``(a)(1) 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 has made findings of fact that--
            ``(A) such order would not restrict the disclosure of 
        information which is relevant to the protection of public 
        health or safety; or
            ``(B)(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
            ``(ii) the requested protective order is no broader than 
        necessary to protect the privacy interest asserted.
    ``(2) No order entered in accordance with 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 makes a separate finding of fact that the 
requirements of paragraph (1) have been met.
    ``(3) The party who is the proponent for the entry of an order, as 
provided under this section, shall have the burden of proof in 
obtaining such an order.
    ``(4) This section shall apply even if an order under paragraph (1) 
is requested--
            ``(A) by motion pursuant to rule 26(c) of the Federal Rules 
        of Civil Procedure; or
            ``(B) by application pursuant to the stipulation of the 
        parties.
    ``(5)(A) 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.
    ``(B) No party shall request, as a condition for the production of 
discovery, that another party stipulate to an order that would violate 
this section.
    ``(b)(1) 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 subject to 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.
    ``(2) Any such information disclosed to a Federal or State agency 
shall be confidential to the extent provided by law.
    ``(c)(1) Subject to paragraph (2), a court shall not enforce any 
provision of a settlement agreement between or among parties that 
prohibits 1 or more parties from--
            ``(A) disclosing that a settlement was reached or the terms 
        of such settlement, other than the amount of money paid; or
            ``(B) discussing a case, or evidence produced in the case, 
        that involves matters related to public health or safety.
    ``(2) Paragraph (1) does not apply if the court has made findings 
of fact 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.''.
    (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:

``1660. Restrictions on protective orders and sealing of cases and 
                            settlements.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall--
            (1) take effect 30 days after the date of enactment of this 
        Act; and
            (2) apply only to orders entered in civil actions or 
        agreements entered into on or after such date.
                                 <all>

Pages: 1

Other Popular 107th Congressional Bills Documents:

1 H.R. 1699 (rh) To authorize appropriations for the Coast Guard for fiscal year 2002. [Reported in House] ...
2 H.Res. 45 (ih) Providing amounts for the expenses of the Committee on Veterans' Affairs in the One Hundred Seventh Congress. [Introduced in House] ...
3 H.R. 1099 (eh) To make changes in laws governing Coast Guard personnel, increase marine safety, renew certain groups that advise the Coast Guard on safety issues, make miscellaneous improvements to Coast Guard operations and policies, and for other purpos...
4 H.R. 503 (eh) To amend title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder, and for other purposes. [Engrossed in House] ...
5 S. 235 (pcs) To provide for enhanced safety, public awareness, and environmental protection in pipeline transportation, and for other purposes. [Placed on Calendar Senate] ...
6 H.R. 2047 (ih) To authorize appropriations for the United States Patent and Trademark Office for fiscal year 2002, and for other purposes. [Introduced in House] ...
7 H.Con.Res. 31 (rh) Expressing the sense of the Congress regarding the importance of organ, tissue, bone marrow, and blood donation and supporting National Donor Day. [Reported in House] ...
8 H.Con.Res. 139 (enr) [Enrolled bill] ...
9 H.R. 1659 (ih) To amend the Internal Revenue Code of 1986 to clarify the amount of the charitable deduction allowable for contributions of food inventory, and for other purposes. [Introduced in House] ...
10 H.R. 132 (ih) To designate the facility of the United States Postal Service located at 620 Jacaranda Street in Lanai City, Hawaii, as the ``Goro Hokama Post Office Building''. [Introduced in House] ...
11 H.R. 1241 (ih) To provide for the reissuance of a rule relating to ergonomics. [Introduced in House] ...
12 H.J.Res. 19 (ih) Providing for the appointment of Walter E. Massey as a citizen regent of the Board of Regents of the Smithsonian Institution. [Introduced in House] ...
13 H.Res. 31 (ih) Commending the people of Israel for reaffirming, through their participation in the election of February 6, 2001, their dedication to democratic ideals, and for other purposes. [Introduced in House] ...
14 H.R. 1670 (ih) To amend the Internal Revenue Code of 1986 to allow certain coins to be acquired by individual retirement accounts and other individually directed pension plan accounts. [Introduced in House] ...
15 H.R. 868 (ih) To amend title XVIII of the Social Security Act to ensure that the [Introduced in House] ...
16 S. 774 (is) To designate the Federal building and United States courthouse located at 121 West Spring Street in New Albany, Indiana, as the ``Lee H. Hamilton Federal Building and United States Courthouse''. [Introduced in Senate] ...
17 H.R. 802 (ih) To authorize the Public Safety Officer Medal of Valor, and for other purposes. [Introduced in House] ...
18 S. 478 (is) To establish and expand programs relating to engineering, science, technology, and mathematics education, and for other purposes. [Introduced in Senate] ...
19 H.R. 436 (ih) To amend the Internal Revenue Code of 1986 to repeal the dollar [Introduced in House] ...
20 H.R. 1083 (ih) To amend the National Labor Relations Act to give employers and [Introduced in House] ...
21 H.Res. 57 (ath) Recognizing and honoring Dale Earnhardt and expressing the condolences of the House of Representatives to his family on his death. [Agreed to House] ...
22 H.Con.Res. 76 (eh) [Engrossed in House] ...
23 H.R. 802 (rh) To authorize the Public Safety Officer Medal of Valor, and for other purposes. [Reported in House] ...
24 H.R. 1794 (ih) To protect United States military personnel and other elected and appointed officials of the United States Government against criminal prosecution by an international criminal court to which the United States is not party. [Introduced in Ho...
25 H.R. 499 (ih) To amend the Consumer Product Safety Act to confirm the Consumer Product Safety Commission's jurisdiction over child safety devices for handguns, and for other purposes. [Introduced in House] ...
26 S. 372 (is) To amend the Elementary and Secondary Education Act of 1965 to strengthen the involvement of parents in the education of their children, and for other purposes. [Introduced in Senate] ...
27 H.R. 1775 (ih) To amend title 18, United States Code, to create an offense of solicitation or recruitment of persons in criminal street gang activity. [Introduced in House] ...
28 H.R. 1689 (ih) To amend the Food Security Act of 1985, to establish a grassland reserve program to assist owners in restoring and conserving grassland. [Introduced in House] ...
29 H.R. 1355 (ih) To merge the deposit insurance funds at the Federal Deposit Insurance Corporation. [Introduced in House] ...
30 S. 1053 (is) To reauthorize and amend the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, and for other purposes. [Introduced in Senate] ...


Other Documents:

107th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy