I 
111TH CONGRESS 
1ST SESSION H. R. 1508 
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 HOUSE OF REPRESENTATIVES 
MARCH 12, 2009 
Mr. WEXLER (for himself and Mr. NADLER of New York) introduced the 
following bill; which was 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. 
Be it enacted by the Senate and House of Representa-
tives 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 2009’’. 
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SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEAL-
ING OF CASES AND SETTLEMENTS. 
(a) IN GENERAL.—Chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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 re-
strict the disclosure of such information, or an order re-
stricting access to court records in a civil case unless the 
court has made findings of fact that— 
‘‘(A) such order would not restrict the disclo-
sure of information which is relevant to the protec-
tion 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 ques-
tion; and 
‘‘(ii) the requested protective order is no broad-
er than necessary to protect the privacy interest as-
serted. 
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‘‘(2) No order entered in accordance with paragraph 
(1), other than an order approving a settlement agree-
ment, shall continue in effect after the entry of final judg-
ment, 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 con-
stitute grounds for the withholding of information in dis-
covery 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 pro-
vision of an agreement between or among parties to a civil 
action, or approve or enforce an order subject to sub-
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section (a)(1), that prohibits or otherwise restricts a party 
from disclosing any information relevant to such civil ac-
tion to any Federal or State agency with authority to en-
force laws regulating an activity relating to such informa-
tion. 
‘‘(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 described 
under subsection (a)(1) 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 disclo-
sure of potential health or safety hazards is outweighed 
by a specific and substantial interest in maintaining the 
confidentiality of the information. 
‘‘(d) When weighing the interest in maintaining con-
fidentiality under this section, there shall be a rebuttable 
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presumption that the interest in protecting personally 
identifiable information relating to financial, health or 
other similar information of an individual outweighs the 
public interest in disclosure. 
‘‘(e) Nothing in this section shall be construed to per-
mit, require, or authorize the disclosure of classified infor-
mation (as defined under section 1 of the Classified Infor-
mation Procedures Act (18 U.S.C. App.)).’’. 
(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 enact-
ment of this Act; and 
(2) apply only to orders entered in civil actions 
or agreements entered into on or after such date. 
Æ 
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