,,ii  #aacth ,,congress  #b;d ,session  
,s4 #bcfd  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bj1 #bjad
 ,mr4 ,blumenthal 7for himself1 ,mr4    
,graham1 ,mr4 ,leahy1 ,mr4 ,whitehouse1 
and ,mr4 ,markey7 introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend chapter
 #aaa of title #bh1 ,united ,states     
,code1 relating to protective orders1   
sealing of cases1 disclosures of        
discovery information in civil actions1 
and for other purposes4  #a4  ,short    
title  ,this ,act may be cited as the   
,sunshine in ,litigation ,act of #bjad4 
#b4  ,restrictions on protective orders 
and sealing of cases and settlements    
7a7  ,in general  ,chapter #aaa of title
 #bh1 ,united ,states ,code1 is amended 
by adding at the end the following3     
#affj4  ,restrictions on protective     
orders and sealing of cases and         
settlements  7a7  7#a7 ,except as       
provided under subsection 7e71 in any   

civil action in which the pleadings     
state facts that are relevant to the    
protection of public health or safety1 a
 court shall not enter1 by stipulation  
or otherwise1 an order otherwise        
authorized under rule #bf7;c7 of the    
,federal ,rules of ,civil ,procedure    
restricting the disclosure of           
information obtained through discovery1 
an order approving a settlement         
agreement that would restrict the       
disclosure of such information1 or an   
order restricting access to court       
records unless in connection with such  
order the court has first made          
independent findings of fact that--     
7,a7 such order would not restrict the  
disclosure of information which is      
relevant to the protection of public    
health or safety2 or  7,b7  7i7 the     
public interest in the disclosure of    
past1 present1 or potential health or   
safety hazards is outweighed by a       
specific and substantial interest in    
maintaining the confidentiality of the  

information or records in question2 and 
7ii7 the requested order is no broader  
than necessary to protect the           
confidentiality interest asserted4  7#b7
 ,no order entered as a result of the   
operation paragraph 7#a71 other than an 
order approving a settlement agreement1 
may continue in effect after the entry  
of final judgment1 unless at the time   
of1 or after1 such entry the court makes
 a separate finding of fact that the    
requirements of paragraph 7#a7 continue 
to be met4  7#c7 ,the party who is the  
proponent for the entry of an order1 as 
provided under this section1 shall have 
the burden of proof in obtaining such an
 order4  7#d7 ,this section shall apply 
even if an order under paragraph 7#a7 is
 requested--  7,a7 by motion pursuant to
 rule #bf7;c7 of the ,federal ,rules of 
,civil ,procedure2 or  7,b7 by          
application pursuant to the stipulation 
of the parties4  7#e7  7,a7 ,the        
provisions of this section shall not    
constitute grounds for the withholding  

of information in discovery that is     
otherwise discoverable under rule #bf of
 the ,federal ,rules of ,civil          
,procedure4  7,b7 ,a court shall not    
approve any party's stipulation or      
request to stipulate to an order that   
would violate this section4  7b7  7#a7  
,in any civil action in which the       
pleadings state facts that are relevant 
to the protection of public health or   
safety1 a court shall not approve or    
enforce any provision of an agreement   
between or among parties1 or approve or 
enforce an order entered as a result of 
the operation of subsection 7a77#a71 to 
the extent that such provision or such  
order 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 information4  7#b7 ,any
 such information disclosed to a        
,federal or ,state agency shall be      
confidential to the extent provided by  

law4  7c7  7#a7 ,subject to paragraph   
7#b71 a court shall not enforce any     
provision of a settlement agreement     
described under subsection 7a77#a7      
between or among parties that prohibits 
one or more parties from--  7,a7        
disclosing the fact that such settlement
 was reached or the terms of such       
settlement1 other than the amount of    
money paid2 or  7,b7 discussing a civil 
action1 or evidence produced in the     
civil action1 that involves matters     
relevant to the protection of public    
health or safety4  7#b7 ,paragraph 7#a7 
applies unless the court has made       
independent findings of fact that--     
7,a7 the public interest in the         
disclosure of past1 present1 or         
potential public health or safety       
hazards is outweighed by a specific and 
substantial interest in maintaining the 
confidentiality of the information or   
records in question2 and  7,b7 the      
requested order is no broader than      
necessary to protect the confidentiality

 interest asserted4  7d7 ,when weighing 
the interest in maintaining             
confidentiality under this section1     
there shall be a rebuttable presumption 
that the interest in protecting         
personally identifiable information     
relating to financial1 health or other  
similar information of an individual    
outweighs the public interest in        
disclosure4  7e7 ,nothing in this       
section--  7#a7 shall prohibit a court  
from entering an order that would       
restrict the disclosure of information1 
or an order restricting access to court 
records1 if in either instance such     
order is necessary to protect from      
public disclosure--  7,a7 information   
classified under criteria established by
 an ,executive order to be kept secret  
in the interest of national defense or  
foreign policy2 or  7,b7 intelligence   
sources and methods2 or  7#b7 shall be  
construed to permit1 require1 or        
authorize the disclosure of information 
that--  7,a7 is classified under        

criteria established by an ,executive   
order to be kept secret in the interest 
of national defense or foreign policy2  
or  7,b7 reveals intelligence sources   
and methods4  4  7b7  ,technical and    
conforming amendment  ,the table of     
sections for chapter #aaa of title #bh1 
,united ,states ,code1 is amended by    
adding after the item relating to       
section #afei the following3  #affj4    
,restrictions on protective orders and  
sealing of cases and settlements4  4    
#c4  ,effective date and application    
,the amendments made by this ,act       
shall--  7#a7 take effect #cj days after
 the date of enactment of this ,act2    
7#b7 apply only to orders entered in    
civil actions or agreements entered into
 on or after the effective date of this 
,act2 and  7#c7 not provide a basis for 
the--  7,a7 granting of a motion to     
reconsider1 modify1 amend or vacate a   
protective order or settlement order    
entered into before the effective date  
of this ,act2 or  7,b7 reversal on      

appeal of a protective order or         
settlement order entered into before the
 effective date of this ,act4