II 

109TH CONGRESS 

1ST SESSION S. 1348 

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 

JUNE 30, 2005 

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 2005’’. 
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1 SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEAL2 ING OF CASES AND SETTLEMENTS. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 1660. Restrictions on protective orders and sealing 

7 of cases and settlements 

8 ‘‘(a)(1) A court shall not enter an order under rule 

9 26(c) of the Federal Rules of Civil Procedure restricting 

10 the disclosure of information obtained through discovery, 

11 an order approving a settlement agreement that would re12 strict the disclosure of such information, or an order re13 stricting access to court records in a civil case unless the 

14 court has made findings of fact that— 

15 ‘‘(A) such order would not restrict the disclo16 sure of information which is relevant to the protec17 tion of public health or safety; or 

18 ‘‘(B)(i) the public interest in the disclosure of 

19 potential health or safety hazards is outweighed by 

20 a specific and substantial interest in maintaining the 

21 confidentiality of the information or records in ques22 tion; and 

23 ‘‘(ii) the requested protective order is no broad24 er than necessary to protect the privacy interest as25 serted. 
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1 ‘‘(2) No order entered in accordance with paragraph 

2 (1), other than an order approving a settlement agree3 ment, shall continue in effect after the entry of final judg4 ment, unless at the time of, or after, such entry the court 

5 makes a separate finding of fact that the requirements 

6 of paragraph (1) have been met. 

7 ‘‘(3) The party who is the proponent for the entry 

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

9 burden of proof in obtaining such an order. 

10 ‘‘(4) This section shall apply even if an order under 

11 paragraph (1) is requested— 

12 ‘‘(A) by motion pursuant to rule 26(c) of the 

13 Federal Rules of Civil Procedure; or 

14 ‘‘(B) by application pursuant to the stipulation 

15 of the parties. 

16 ‘‘(5)(A) The provisions of this section shall not con17 stitute grounds for the withholding of information in dis18 covery that is otherwise discoverable under rule 26 of the 

19 Federal Rules of Civil Procedure. 

20 ‘‘(B) No party shall request, as a condition for the 

21 production of discovery, that another party stipulate to an 

22 order that would violate this section. 

23 ‘‘(b)(1) A court shall not approve or enforce any pro24 vision of an agreement between or among parties to a civil 

25 action, or approve or enforce an order subject to sub-
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1 section (a)(1), that prohibits or otherwise restricts a party 

2 from disclosing any information relevant to such civil ac3 tion to any Federal or State agency with authority to en4 force laws regulating an activity relating to such informa5 tion. 

6 ‘‘(2) Any such information disclosed to a Federal or 

7 State agency shall be confidential to the extent provided 

8 by law. 

9 ‘‘(c)(1) Subject to paragraph (2), a court shall not 

10 enforce any provision of a settlement agreement between 

11 or among parties that prohibits 1 or more parties from— 

12 ‘‘(A) disclosing that a settlement was reached 

13 or the terms of such settlement, other than the 

14 amount of money paid; or 

15 ‘‘(B) discussing a case, or evidence produced in 

16 the case, that involves matters related to public 

17 health or safety. 

18 ‘‘(2) Paragraph (1) does not apply if the court has 

19 made findings of fact that the public interest in the disclo20 sure of potential health or safety hazards is outweighed 

21 by a specific and substantial interest in maintaining the 

22 confidentiality of the information.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—

24 The table of sections for chapter 111 of title 28, United 
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1 States Code, is amended by adding after the item relating 

2 to section 1659 the following:

‘‘1660. Restrictions on protective orders and sealing of cases and settlements.’’.

3 SEC. 3. EFFECTIVE DATE. 

4 The amendments made by this Act shall— 

5 (1) take effect 30 days after the date of enact6 ment of this Act; and 

7 (2) apply only to orders entered in civil actions 

8 or agreements entered into on or after such date.

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