II 

114TH CONGRESS 

2D SESSION S. 3370 

To restrict confidentiality agreements that prohibit the disclosure of information relating to hazards to public safety or health, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2016 

Mr. WHITEHOUSE introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To restrict confidentiality agreements that prohibit the disclosure of information relating to hazards to public safety 

or health, 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 ‘‘Safety Over Secrecy 

5 Act of 2016’’. 

6 SEC. 2. RESTRICTIONS ON CERTAIN CONFIDENTIALITY 

7 AGREEMENTS IN SETTLEMENTS. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 1660. Restrictions on certain confidentiality agree2 ments in settlements 

3 ‘‘(a) DEFINITION.—In this section, the term ‘hazard 

4 to public safety or health’ means an activity, substance, 

5 or condition that has a potential to cause harm to the 

6 health or safety of the public. 

7 ‘‘(b) DISCLOSURE IN GENERAL.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), a court may not approve or order the en10 forcement of any provision in a settlement agree11 ment, or other agreement relating to a settlement, 

12 between or among parties in a civil suit if— 

13 ‘‘(A) a pleading filed in the suit alleges 

14 facts that are relevant to protecting the public 

15 from a hazard to public safety or health; and 

16 ‘‘(B) the provision prohibits a party 

17 from— 

18 ‘‘(i) disclosing the fact that the settle19 ment was reached; 

20 ‘‘(ii) disclosing the terms of the settle21 ment, other than the amount of money, if 

22 any, paid under the settlement; 

23 ‘‘(iii) discussing the suit or evidence 

24 produced in the suit; or 

25 ‘‘(iv) otherwise discussing the hazard 

26 to public safety or health. 


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1 ‘‘(2) BALANCE OF INTERESTS.— 

2 ‘‘(A) IN GENERAL.—On a motion by a 

3 party to an agreement described in paragraph 

4 (1), a court may approve or order the enforce5 ment of a provision described in paragraph 

6 (1)(B), despite the fact that a pleading de7 scribed in paragraph (1)(A) is filed in the suit, 

8 if the court, based on an independent finding of 

9 fact, determines that— 

10 ‘‘(i) the public interest in the disclo11 sure of facts that are relevant to protecting 

12 the public from a hazard to public safety 

13 or health is outweighed by a specific and 

14 substantial interest in maintaining the con15 fidentiality of the information or records 

16 that are covered by the provision; and 

17 ‘‘(ii) the requested order is no broader 

18 than necessary to protect the specific and 

19 substantial interest in maintaining con20 fidentiality described in clause (i). 

21 ‘‘(B) CONSIDERATIONS.—With respect to 

22 the balancing of interests described in subpara23 graph (A)(i)— 

24 ‘‘(i) there shall be a rebuttable pre25 sumption that the interest in protecting fiVerDate Sep 11 2014 03:09 Sep 22, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3370.IS S3370

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1 nancial, medical, or other similar personal 

2 information relating to an identifiable indi3 vidual outweighs the public interest de4 scribed in subparagraph (A)(i); 

5 ‘‘(ii) a general interest in the settle6 ment of disputes may not serve as a spe7 cific and substantial interest described in 

8 subparagraph (A)(i); and 

9 ‘‘(iii) a court may redact language in 

10 a settlement agreement, in order to accom11 modate— 

12 ‘‘(I) the privacy of personal infor13 mation; and 

14 ‘‘(II) the public benefit of aware15 ness of hazards to public safety and 

16 health. 

17 ‘‘(c) DISCLOSURE TO FEDERAL OR STATE AGEN18 CIES.— 

19 ‘‘(1) IN GENERAL.—A court may not approve 

20 or order the enforcement of any provision of a settle21 ment agreement, or other agreement relating to a 

22 settlement, between or among parties in a civil suit 

23 if— 


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1 ‘‘(A) a pleading filed in the suit alleges 

2 facts that are relevant to protecting the public 

3 from a hazard to public safety or health; and 

4 ‘‘(B) the provision prohibits or otherwise 

5 restricts a party from disclosing a fact de6 scribed in subparagraph (A) to a Federal or 

7 State agency with authority to enforce a law or 

8 regulate an activity relating to that fact. 

9 ‘‘(2) CONFIDENTIALITY MAINTAINED.—The 

10 confidentiality of a fact described in paragraph 

11 (1)(A) that is disclosed to a Federal or State agency 

12 described in paragraph (1)(B) shall be protected to 

13 the extent otherwise provided under any other law, 

14 regulation, or agreement.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

17 States Code, is amended by adding at the end the fol18 lowing: 

‘‘1660. Restrictions on certain confidentiality agreements in settlements.’’. 

Æ 


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