I 
115TH CONGRESS 
2D SESSION 
H. R. 6761 
To direct the Judicial Conference to provide electronic public access to exhibits 
in Federal cases, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 10, 2018 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open Access to Courts 
Act of 2018’’. 
SEC. 2. ELECTRONIC PUBLIC ACCESS TO EXHIBITS IN FED-
ERAL CASES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, and except as provided in 
subsection (b), the Judicial Conference of the United 
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States shall establish a pilot program to ensure that exhib-
its in Federal cases before 5 Federal courts selected by 
the Judicial Conference and any additional Federal court 
that elects to participate are accessible through such on-
line portal as the Judicial Conference may designate for 
the pilot program established under this Act. 
(b) EXEMPTION FROM ELECTRONIC PUBLIC AC-
CESS.—This Act shall not apply to the following exhibits: 
(1) Exhibits that cannot be digitized. 
(2) Exhibits concerning matters that are ex-
empt from disclosure under section 552(b) of title 5, 
United States Code. 
(3) Exhibits exempt from disclosure under Rule 
25(a)(5) of the Federal Rules of Appellate Proce-
dure. 
(4) Exhibits exempt from disclosure under Rule 
5.2 of the Federal Rules of Civil Procedure. 
(5) Exhibits exempt from disclosure under Rule 
49.1 of the Federal Rules of Criminal Procedure. 
(6) Exhibits exempt from disclosure under Rule 
9037 of the Federal Rules of Bankruptcy Procedure. 
(7) Exhibits that have been sealed by the pre-
siding judge. 
(8) Exhibits that a presiding judge determines 
the public disclosure of which would likely interfere 
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with a fair trial or otherwise the due administration 
of justice. 
(9) Exhibits that are otherwise exempt from 
public disclosure under any other provision of Fed-
eral or State law. 
(c) APPLICABILITY OF EXEMPTION.— 
(1) IN GENERAL.—The determination of the ap-
plicability of subsection (b) to an exhibit shall be 
made by the presiding judge. With respect to the ap-
plicability of the exemption described in paragraph 
(2), (3), (4), (5), or (6) of subsection (b), the pre-
siding judge must determine that it is reasonably 
foreseeable that the disclosure of the exhibit would 
harm an interest protected by the relevant provision. 
(2) REDACTED EXHIBITS.—With respect to an 
exhibit exempted from disclosure under subsection 
(b)(2), any reasonably segregable portion of the ex-
hibit shall be made available on the online portal es-
tablished under subsection (a), in accordance with 
the procedures described at the end of section 
552(b) of title 5, United States Code. 
(3) DESCRIPTIVE NOTATION.—With respect to 
an exhibit exempted from disclosure under para-
graph (1), (2), (3), (4), (5), (6), or (9) of subsection 
(b), a descriptive notation of the exhibit shall be 
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