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 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 consideration best prac-
tices in Federal and State courts to protect private informa-
tion 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 cat-
egories of information in order to protect privacy and secu-
rity concerns, such rules shall provide that a party that
wishes to file an otherwise proper document containing
such protected information may file an unredacted docu-
ment 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 accord-
ance 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—
H. R. 1303—2
‘‘(aa) identifies each item of unredacted pro-
tected information that the attorney or, if there
is no attorney, the party, certifies is relevant to
the case; and
‘‘(bb) specifies an appropriate redacted identi-
fier 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 cor-
responding unredacted item of protected information.
‘‘(B)(i) Subject to clause (ii), the Judicial Conference
of the United States may issue interim rules, and interpre-
tive 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 cer-
tain categories of information in order to protect privacy
and security concerns arising from electronic filing or elec-
tronic 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 Con-
gress 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.