`(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 restrict the disclosure of such information, or an order restricting access to court records in a civil case unless the court has made findings of fact that--
`(A) such order would not restrict the disclosure of information which is relevant to the protection 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 question; and
`(ii) the requested protective order is no broader than necessary to protect the privacy interest asserted.
`(2) No order entered in accordance with paragraph (1), other than an order approving a settlement agreement, shall 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) 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 constitute grounds for the withholding of information in discovery 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 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 information.
`(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 disclosure 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 confidentiality 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 permit, require, or authorize the disclosure of classified information (as defined under section 1 of the Classified Information 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:
U.S. Congress - Text of H.R.5884 as Introduced in House Sunshine in Litigation Act of 2008
