I 
115TH CONGRESS 
1ST SESSION H. R. 1053 
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 
FEBRUARY 14, 2017 
Mr. NADLER 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 2017’’. 
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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, by stipulation or 
otherwise, an order otherwise authorized under rule 26(c) 
of the Federal Rules of Civil Procedure restricting the dis-
closure of information obtained through discovery, an 
order otherwise authorized approving a settlement agree-
ment that would restrict the disclosure of such informa-
tion, or an order otherwise authorized restricting access 
to court records unless in connection 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 
past, present, or potential public health or safety 
hazards is outweighed by a specific and substantial 
interest in maintaining the confidentiality of the in-
formation or records in question; 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 as a result of the operation 
of paragraph (1), other than an order approving a settle-
ment agreement, may 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) continue to be met. 
‘‘(b) 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 enforce any provision of an 
agreement between or among parties to a civil action, or 
enforce an order entered as a result of the operation of 
subsection (a)(1), to the extent that such provision or such 
order prohibits or otherwise restricts a party from dis-
closing 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. 
‘‘(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— 
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‘‘(A) disclosing the fact that such settlement 
was reached or the terms of such settlement (exclud-
ing any money paid) that involve matters relevant to 
the protection of public health or safety; or 
‘‘(B) discussing matters relevant to the protec-
tion of public health or safety involved in such civil 
action. 
‘‘(2) Paragraph (1) applies unless the court has made 
independent findings of fact that— 
‘‘(A) the public interest in the disclosure of 
past, present, or potential public health or safety 
hazards is outweighed by a specific and substantial 
interest in maintaining the confidentiality of the in-
formation in question; and 
‘‘(B) the requested order is no broader than 
necessary to protect the confidentiality interest as-
serted. 
‘‘(d) Notwithstanding subsections (a)(1)(B)(i) and 
(c)(2)(A), 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 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-
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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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