Pub.L. 108-282 To amend the Federal Food, Drug, and Cosmetic Act with regard to new animal drugs, and for other purposes. <> ...

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[[Page 118 STAT. 889]]

Public Law 108-281
108th Congress

                                 An Act


 
    To amend the E-Government Act of 2002 with respect to rulemaking 
  authority of the Judicial Conference. <<NOTE: Aug. 2, 2004 -  [H.R. 
                                1303]>> 

    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--

[[Page 118 STAT. 890]]

                                    ``(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) <<NOTE: Deadlines. Reports.>> 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.''.

    Approved August 2, 2004.

LEGISLATIVE HISTORY--H.R. 1303:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-239 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Oct. 7, considered and passed House.
                                                        Vol. 150 (2004):
                                    July 9, considered and passed 
                                        Senate.
                                    July 13, Senate vitiated passage.
                                    July 15, considered and passed 
                                        Senate.

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