I 

116TH CONGRESS 

1ST SESSION H. R. 4176 

To direct the Judicial Conference to provide electronic public access to exhibits 

in Federal cases, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 9, 2019 

Mr. CICILLINE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To direct the Judicial Conference to provide electronic public 

access to exhibits in Federal cases, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Open Access to Courts 

5 Act of 2019’’. 

6 SEC. 2. ELECTRONIC PUBLIC ACCESS TO EXHIBITS IN FED7 ERAL CASES. 

8 (a) IN GENERAL.—Not later than 2 years after the 

9 date of enactment of this Act, and except as provided in 

10 subsection (b), the Judicial Conference of the United 


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1 States shall establish a pilot program to ensure that exhib2 its in Federal cases before 5 Federal courts selected by 

3 the Director and any additional Federal district court that 

4 elects to participate are accessible through such online 

5 portal as the Judicial Conference may designate for the 

6 pilot project established under this Act. 

7 (b) EXEMPTION FROM ELECTRONIC PUBLIC AC8 CESS.—This Act shall not apply to the following exhibits: 

9 (1) Exhibits that cannot be digitized. 

10 (2) Exhibits concerning matters that are ex11 empt from disclosure under section 552(b) of title 5, 

12 United States Code. 

13 (3) Exhibits exempt from disclosure under Rule 

14 25(a)(5) of the Federal Rules of Appellate Proce15 dure. 

16 (4) Exhibits exempt from disclosure under Rule 

17 5.2 of the Federal Rules of Civil Procedure. 

18 (5) Exhibits exempt from disclosure under Rule 

19 49.1 of the Federal Rules of Criminal Procedure. 

20 (6) Exhibits exempt from disclosure under Rule 

21 9037 of the Federal Rules of Bankruptcy Procedure. 

22 (7) Exhibits that have been sealed by the pre23 siding judge. 

24 (8) Exhibits that a presiding judge determines 

25 the public disclosure of which would likely interfere 


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1 with a fair trial or otherwise the due administration 

2 of justice. 

3 (9) Exhibits that are otherwise exempt from 

4 public disclosure under any other provision of Fed5 eral or State law. 

6 (c) APPLICABILITY OF EXEMPTION.— 

7 (1) IN GENERAL.—The determination of the ap8 plicability of subsection (b) to an exhibit shall be 

9 made by the presiding judge. With respect to the ap10 plicability of the exemption described in paragraph 

11 (2), (3), (4), (5), or (6) of subsection (b), the pre12 siding judge must determine that it is reasonably 

13 foreseeable that the disclosure of the exhibit would 

14 harm an interest protected by the relevant provision. 

15 (2) REDACTED EXHIBITS.—With respect to an 

16 exhibit exempted from disclosure under subsection 

17 (b)(2), any reasonably segregable portion of the ex18 hibit shall be made available on the online portal es19 tablished under subsection (a), in accordance with 

20 the procedures described at the end of section 

21 552(b) of title 5, United States Code. 

22 (3) DESCRIPTIVE NOTATION.—With respect to 

23 an exhibit exempted from disclosure under para24 graph (1), (2), (3), (4), (5), (6), or (9) of subsection 

25 (b), a descriptive notation of the exhibit shall be 


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1 made available, consistent with any requirement 

2 under law regarding limitation on disclosure, on the 

3 online portal established under subsection (a). 

4 SEC. 3. RULEMAKING. 

5 The Judicial Conference of the United States may 

6 promulgate such regulations as may be necessary to imple7 ment this Act. 

8 SEC. 4. DEFINITIONS. 

9 For purposes of this Act: 

10 (1) DIGITIZED.—The term ‘‘digitized’’ means 

11 converted into a digital form that can be processed 

12 by a computer. 

13 (2) EXHIBIT.—The term ‘‘exhibit’’ means a 

14 document, record, or other tangible object intro15 duced as evidence during a trial, and that, in accord16 ance with the Federal Rules of Evidence, is identi17 fied or authenticated, and admitted into the record, 

18 and does not include any portion of such document, 

19 record, or tangible object that was not so admitted. 

20 (3) PRESIDING JUDGE.—The term ‘‘presiding 

21 judge’’ means the magistrate or judge presiding over 

22 the court proceeding concerned. In proceedings in 

23 which more than 1 judge participates, the presiding 

24 judge shall be the senior active judge so partici25 pating or, in the case of a circuit court of appeals, 


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1 the senior active circuit judge so participating, ex2 cept that in en banc sittings of any United States 

3 circuit court of appeals, the presiding judge shall be 

4 the chief judge of the circuit whenever the chief 

5 judge participates. 

6 SEC. 5. TERMINATION; REPORT. 

7 (a) TERMINATION.—This Act and the pilot program 

8 established under this Act shall terminate on the date that 

9 is 4 years after the date of enactment of this Act. 

10 (b) REPORT.—Not later than one year after the ter11 mination of the pilot program established under this Act, 

12 the Federal Judicial Center shall submit to the Judicial 

13 Conference of the United States, Congress, and any other 

14 appropriate Federal agency or office, a report that con15 tains the results of the pilot program, along with any rec16 ommendations for improving public electronic access to 

17 Federal court exhibits. 

Æ 


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