[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1303 Enrolled Bill (ENR)]
H.R.1303
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend the E-Government Act of 2002 with respect to rulemaking
authority of the Judicial Conference.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. RULEMAKING AUTHORITY OF JUDICIAL CONFERENCE.
Section 205(c) of the E-Government Act of 2002 (Public Law 107-347;
44 U.S.C. 3501 note) is amended by striking paragraph (3) and inserting
the following:
``(3) Privacy and security concerns.--
``(A)(i) The Supreme Court shall prescribe rules, in
accordance with sections 2072 and 2075 of title 28, United
States Code, to protect privacy and security concerns relating
to electronic filing of documents and the public availability
under this subsection of documents filed electronically or
converted to electronic form.
``(ii) Such rules shall provide to the extent practicable
for uniform treatment of privacy and security issues throughout
the Federal courts.
``(iii) Such rules shall take into consideration best
practices in Federal and State courts to protect private
information or otherwise maintain necessary information
security.
``(iv) Except as provided in clause (v), to the extent that
such rules provide for the redaction of certain categories of
information in order to protect privacy and security concerns,
such rules shall provide that a party that wishes to file an
otherwise proper document containing such protected information
may file an unredacted document under seal, which shall be
retained by the court as part of the record, and which, at the
discretion of the court and subject to any applicable rules
issued in accordance with chapter 131 of title 28, United
States Code, shall be either in lieu of, or in addition to, a
redacted copy in the public file.
``(v) Such rules may require the use of appropriate
redacted identifiers in lieu of protected information described
in clause (iv) in any pleading, motion, or other paper filed
with the court (except with respect to a paper that is an
exhibit or other evidentiary matter, or with respect to a
reference list described in this subclause), or in any written
discovery response--
``(I) by authorizing the filing under seal, and
permitting the amendment as of right under seal, of a
reference list that--
``(aa) identifies each item of unredacted protected
information that the attorney or, if there is no
attorney, the party, certifies is relevant to the case;
and
``(bb) specifies an appropriate redacted identifier
that uniquely corresponds to each item of unredacted
protected information listed; and
``(II) by providing that all references in the case to
the redacted identifiers in such reference list shall be
construed, without more, to refer to the corresponding
unredacted item of protected information.
``(B)(i) Subject to clause (ii), the Judicial Conference of
the United States may issue interim rules, and interpretive
statements relating to the application of such rules, which
conform to the requirements of this paragraph and which shall
cease to have effect upon the effective date of the rules
required under subparagraph (A).
``(ii) Pending issuance of the rules required under
subparagraph (A), any rule or order of any court, or of the
Judicial Conference, providing for the redaction of certain
categories of information in order to protect privacy and
security concerns arising from electronic filing or electronic
conversion shall comply with, and be construed in conformity
with, subparagraph (A)(iv).
``(C) Not later than 1 year after the rules prescribed
under subparagraph (A) take effect, and every 2 years
thereafter, the Judicial Conference shall submit to Congress a
report on the adequacy of those rules to protect privacy and
security.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.