IB 
Union Calendar No. 130
108TH CONGRESS 
1ST SESSION H. R. 1303
[Report No. 108–239] 
To amend the E-Government Act of 2002 with respect to rulemaking 
authority of the Judicial Conference. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2003
Mr. SMITH of Texas (for himself and Mr. TOM DAVIS of Virginia) introduced 
the following bill; which was referred to the Committee on the Judiciary 
JULY 25, 2003
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RULEMAKING AUTHORITY OF JUDICIAL CON-
FERENCE. 
Section 205(c) of the E-Government Act of 2002 
(Public Law 107–347) is amended by striking paragraph 
(3) and inserting the following: 
‘‘(3) PRIVACY AND SECURITY CONCERNS.—The 
Judicial Conference of the United States may pro-
mulgate rules to protect privacy and security con-
cerns relating to the electronic filing of documents, 
and the public availability of documents filed elec-
tronically, pursuant to this subsection.’’.
SECTION 1. RULEMAKING AUTHORITY OF JUDICIAL CON-
FERENCE. 
Section 205(c) of the E-Government Act of 2002 (Pub-
lic Law 107–347; 44 U.S.C. 3501 note) is amended by strik-
ing 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 pri-
vacy and security concerns relating to electronic 
filing of documents and the public availability 
under this subsection of documents filed elec-
tronically 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 consider-
ation 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 redac-
tion 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 re-
dacted copy in the public file. 
‘‘(v) Such rules may require the use of ap-
propriate 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 re-
spect to a reference list described in this sub-
clause), 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 re-
dacted identifier that uniquely cor-
responds 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, with-
out 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 in-
terim 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, pro-
viding for the redaction of certain categories of 
information in order to protect privacy and se-
curity 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 Con-
ference shall submit to Congress a report on the 
adequacy of those rules to protect privacy and se-
curity.’’.