[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 417 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 417

  To amend title 28 of the United States Code to bar any civil trial 
 involving the President until after the President vacates office, but 
   to allow for sealed discovery during the time the President is in 
                                office.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 1999

 Mr. Moynihan introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28 of the United States Code to bar any civil trial 
 involving the President until after the President vacates office, but 
   to allow for sealed discovery during the time the President is in 
                                office.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CIVIL ACTIONS INVOLVING THE PRESIDENT.

    (a) In General.--Part 6 of title 28, United States Code is amended 
by inserting after chapter 161 the following:

          ``CHAPTER 162--CIVIL ACTIONS INVOLVING THE PRESIDENT

``Sec. 2431. Civil actions involving the president.
``Sec. 2431. Civil action involving the president
    ``(a) Definition.--In this chapter, the term `party' means a 
plaintiff or defendant.
    ``(b) Civil Trial Barred.--Any individual serving as President may 
not be a party in a trial on a civil action.
    ``(c) Discovery and Pre Trial Actions.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this section does not apply to any discovery or pretrial action 
        in a civil action that is carried out in a manner consistent 
        with--
                    ``(A) reasonable case management principles; and
                    ``(B) due deference to Presidential 
                responsibilities.
            ``(2) Discovery under seal.--Any discovery matter in a 
        civil action described in this section shall--
                    ``(A) be filed with the court of jurisdiction under 
                seal; and
                    ``(B) not be available to the public until--
                            ``(i) the individual described in 
                        subsection (b) has vacated the office of the 
                        President; or
                            ``(ii) all parties to the civil action 
                        agree to release the discovery matter.''.
    (b) Clerical Amendment.--The table of chapters for part VI of title 
28, United States Code, is amended by inserting after the item for 
chapter 161 the following:

``162. Civil action involving the President.................    2431''.
                                 <all>