I 
111TH CONGRESS 
2D SESSION 
H. R. 5419 
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 
MAY 26, 2010 
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 2010’’. 
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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) In any civil action in which the pleadings 
state facts that are relevant to the protection of public 
health or safety, a court shall not enter an order under 
rule 26(c) of the Federal Rules of Civil Procedure restrict-
ing the disclosure of information obtained through dis-
covery, an order approving a settlement agreement that 
would restrict the disclosure of such information, or an 
order restricting access to court records unless in connec-
tion with such order the court has first made independent 
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 
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‘‘(ii) the requested order is no broader than 
necessary to protect the confidentiality interest as-
serted. 
‘‘(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. 
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‘‘(b)(1) In any civil action in which the pleadings 
state facts that are relevant to the protection of public 
health or safety, 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 in-
formation. 
‘‘(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 in any 
civil action in which the pleadings state facts that are rel-
evant to the protection of public health or safety between 
or among parties that prohibits one or more parties 
from— 
‘‘(A) disclosing that a settlement was reached 
or the terms of such settlement that involve matters 
relevant to the protection of public health or safety, 
other than the amount of money paid; or 
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‘‘(B) discussing the civil action, or evidence pro-
duced in the civil action, that involves matters re-
lated to public health or safety. 
‘‘(2) Paragraph (1) applies unless the court has made 
independent findings of fact that— 
‘‘(A) the public interest in the disclosure of po-
tential 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 
‘‘(B) the requested order is no broader than 
necessary to protect the confidentiality interest as-
serted. 
‘‘(d) When weighing the interest in maintaining con-
fidentiality under this section, there shall be a rebuttable 
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 
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