Title: Open Courts Act of 2020
Policy area: Law

Summary:
Open Courts Act of 2020
This bill requires the Administrative Office of the U.S. Courts to establish a single electronic system for all public court records that is publicly accessible for free. Under the existing Public Access to Court Electronic Records (PACER) system, users are charged fees for accessing court documents.
To fund the development of the new consolidated system, the Judicial Conference must temporarily establish a schedule of additional fees for persons that are higher-volume users of PACER.
To fund the operations of the new system, the Judicial Conference shall collect an annual fee from the Department of Justice based on the amount of PACER fees paid by the department in 2018. The Judicial Conference may also establish reasonable filing fees based on specified factors, including the extent of a person's use and the interests of justice.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8235 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8235

To provide for the modernization of electronic case management systems, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2020

    Mr. Johnson of Georgia (for himself and Mr. Collins of Georgia) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for the modernization of electronic case management systems, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Courts Act of 2020''.

SEC. 2. MODERNIZATION OF ELECTRONIC COURT RECORDS SYSTEMS.

    (a) Consolidation.--Not later than the date specified in subsection 
(e), the Director of the Administrative Office of the United States 
Courts, in coordination with the Administrator of General Services, 
shall establish, maintain, and operate, consistent with the 
requirements of this section and section 3, one system for all public 
court records.
    (b) Requirements of System.--The system developed under subsection 
(a) shall comply with the following requirements:
            (1) The system shall provide search functions, developed in 
        coordination with the Administrator of General Services, for 
        use by the public and by parties before the court.
            (2) Any information that is prohibited from public 
        disclosure by law or court order shall be redacted.
            (3) Any information made available through a website 
        established pursuant to section 205 of the E-Government Act of 
        2002 shall be included in the system.
            (4) Any website for the system shall substantially comply 
        with the requirements under subsections (b) and (c) of section 
        205 of the E-Government Act of 2002.
            (5) To the extent practicable, external websites shall be 
        able to link to documents on the system. Each website 
        established pursuant to section 205 of the E-Government Act of 
        2002 shall contain a link to the system.
    (c) Data Standards.--
            (1) Establishment of data standards.--The Director of the 
        Administrative Office of the United States Courts, in 
        coordination with the Administrator of General Services and the 
        Archivist of the United States, shall establish data standards 
        for the system established under subsection (a).
            (2) Requirements.--The data standards established under 
        paragraph (1) shall, to the extent reasonable and practicable--
                    (A) incorporate widely accepted common data 
                elements;
                    (B) incorporate a widely accepted, nonproprietary, 
                full text searchable, platform-independent computer-
                readable format; and
                    (C) be capable of being continually upgraded as 
                necessary.
            (3) Deadlines.--Not later than 6 months after the date of 
        enactment of this Act, the Director of the Administrative 
        Office of the United States Courts shall issue guidance to all 
        Federal courts on the data standards established under this 
        section.
    (d) Use of Technology.--In developing the system under subsection 
(a), the Director shall use modern technology in order--
            (1) to improve security, data accessibility, affordability, 
        and performance; and
            (2) to minimize the burden on pro se litigants.
    (e) Date Specified.--The date specified in this subsection is the 
date that is 2 years after the date of the enactment of this Act, 
unless the Administrator of General Services certifies to Congress, by 
not later than 90 days after such date of enactment, that an additional 
period of time is required. If the Administrator so certifies, the date 
specified in this subsection is the date that is 3 years after the date 
of enactment of this Act.
    (f) Funds for Establishment, Operation, and Maintenance of 
Modernized Court Records System.--
            (1) Short term access fees to fund establishment of 
        modernized court records system.--
                    (A) In general.--Section 303 of the Judiciary 
                Appropriations Act, 1992 (title III of Public Law 102-
                140; 105 Stat. 807) (28 U.S.C. 1913 note) is amended--
                            (i) in subsection (a), by inserting ``The 
                        Judicial Conference shall prescribe a schedule 
                        of additional fees for any person who accrues 
                        such fees for access in an amount of $25,000 or 
                        greater in any quarter. All fees collected 
                        shall be deposited as offsetting collections to 
                        the Judiciary Information Technology Fund 
                        pursuant to section 612(c)(1)(A) of title 28, 
                        United States Code, to reimburse expenses 
                        incurred in carrying out section 2 of the Open 
                        Courts Act of 2020.'' before ``The Director of 
                        the Administrative Office of the United States 
                        Courts''; and
                            (ii) in subsection (b), by striking ``All 
                        fees hereafter'' and inserting ``Except as 
                        otherwise provided in this section, all fees 
                        hereafter''.
                    (B) Excess fees.--Amounts deposited in the 
                Judiciary Information Technology Fund pursuant to the 
                amendments made by subparagraph (A) and not used to 
                reimburse expenses incurred in carrying out section 2 
                of this Act may be used pursuant to section 612(a) of 
                title 28, United States Code.
                    (C) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on the date of 
                enactment of this Act.
            (2) Filing fees to fund operation and maintenance of 
        modernized court records system.--
                    (A) In general.--Section 303 of the Judiciary 
                Appropriations Act, 1992 (title III of Public Law 102-
                140; 105 Stat. 807) (28 U.S.C. 1913 note) is amended by 
                striking subsections (a) and (b), and inserting the 
                following:
    ``(a) To cover the costs of carrying out section 2 of the Open 
Courts Act of 2020, the Judicial Conference may, only to the extent 
necessary--
            ``(1) prescribe reasonable filing fees, pursuant to 
        sections 1913, 1914, 1926, 1930, and 1932 of title 28, United 
        States Code, for collection by the courts under those sections, 
        which--
                    ``(A) shall be based on the extent of the use by 
                the person filing of the system established under such 
                section 2 for purposes of such action;
                    ``(B) shall in addition be adjusted based on 
                factors including the nature of the action and claim 
                for relief, the amount of damages demanded, the 
                estimated complexity of the type of action, and the 
                interests of justice;
                    ``(C) may be prescribed for the filing of a 
                counterclaim; and
                    ``(D) shall not apply in the case of a pro se 
                litigant or litigant who certifies their financial 
                hardship; and
            ``(2) prescribe a reasonable fee for the filing of a proof 
        of claim or interest under Rule 3002 and Rule 3003 of the Rules 
        of Bankruptcy Procedure, which may be adjusted proportionately 
        to the amount of the claim, the status of the claim, and the 
        type of proceeding in which the claim is filed, and interests 
        of justice.
    ``(b) The Judicial Conference and the Director shall transmit each 
schedule of fees prescribed under subsection (a) to Congress at least 
90 days before the schedule becomes effective. All fees collected under 
subsection (a) shall be deposited as offsetting collections to the 
Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) 
of title 28, United States Code, to reimburse expenses incurred in 
carrying out section 2 of the Open Courts Act of 2020.
    ``(c) The Judicial Conference shall review a schedule of fees 
prescribed under subsection (a) three years after it becomes effective 
and every three years thereafter to ensure that the fees meet the 
requirements of this section. If the fees do not meet the requirements 
of this section, the Judicial Conference shall prescribe a new schedule 
of fees pursuant to subsection (a) and submit the new schedule of fees 
to Congress pursuant to subsection (b).
    ``(d) Amounts deposited to the Judiciary Information Technology 
Fund pursuant to this section and not used to reimburse expenses 
incurred in carrying out section 2 of the Open Courts Act of 2020 may 
be used pursuant to section 612(a) of title 28, United States Code.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on the date 
                specified in subsection (e).

SEC. 3. PUBLIC ACCESS TO ELECTRONIC COURT RECORDS SYSTEM REQUIREMENT.

    (a) In General.--Not later than the date specified in subsection 
(d), the Director of the Administrative Office of the United States 
Courts, in coordination with the Administrator of General Services, 
shall make all materials in the system established under section 2 
publicly accessible, free of charge.
    (b) Authority for Short Term Delays of Public Access to Certain 
Records.--The Judicial Conference, after appropriate public notice and 
opportunity for comment, may designate categories of records which are 
not automatically made publicly accessible under subsection (a). Any 
such category shall be no broader than necessary, based on a 
determination of a specific and substantial interest in restricting the 
public right of access to court records, and subject to no more than a 
5-day delay before being made publicly accessible under subsection (a). 
Any such designation shall expire after 3 years unless renewed pursuant 
to the requirements of this subsection.
    (c) Use of Technology.--In providing public access under subsection 
(a), the Director shall, in coordination with the Administrator of 
General Services, use modern technology in order--
            (1) to improve security, data accessibility, ease of public 
        access, affordability, and performance; and
            (2) to minimize the burden on pro se litigants.
    (d) Date Specified.--The date specified in this subsection is the 
date that is 2 years after the date of the enactment of this Act, 
unless the Administrator of General Services certifies to Congress, by 
not later than 90 days after such date of enactment, that an additional 
period of time is required. If the Administrator so certifies, the date 
specified in this subsection is the date that is 3 years after the date 
of enactment of this Act.
    (e) Funding for Public Access to Modernized Electronic Court 
Records System.--
            (1) In general.--Section 303 of the Judiciary 
        Appropriations Act, 1992 (title III of Public Law 102-140; 105 
        Stat. 807) (28 U.S.C. 1913 note) is amended by adding at the 
        end the following:
    ``(c)(1) To cover the costs of ensuring the public accessibility, 
free of charge, of all materials in the system established under 
section 2 of the Open Courts Act of 2020 in accordance with section 3 
of such Act, the Judicial Conference shall collect an annual fee from 
the Department of Justice equal to the Public Access to Court 
Electronic Records access fees paid by the Department of Justice in 
2018, as adjusted for inflation. All fees collected under this 
subsection shall be deposited as offsetting collections to the 
Judiciary Information Technology Fund pursuant to section 612(c)(1)(A) 
of title 28, United States Code, to reimburse expenses incurred in 
providing services in accordance with section 3 of the Open Courts Act 
of 2020.
    ``(2) To cover any additional marginal costs of ensuring the public 
accessibility, free of charge, of all materials in the system 
established under section 2 of the Open Courts Act of 2020 in 
accordance with section 3 of such Act, the Judicial Conference may 
prescribe reasonable filing fees, pursuant to sections 1913, 1914, 
1926, 1930, and 1932 of title 28, United States Code, for collection by 
the courts under those sections. The filing fees--
            ``(A) shall be based on the extent of the use by the person 
        filing of the system established under such section 2 for 
        purposes of such action;
            ``(B) shall be adjusted based on factors including the 
        nature of the action and claim for relief, the amount of 
        damages demanded, the estimated complexity of the type of 
        action, and the interests of justice;
            ``(C) may be prescribed for the filing of a counterclaim; 
        and
            ``(D) shall not apply to a pro se litigant or a litigant 
        who certifies their financial hardship.
    ``(3)(A) The Judicial Conference and the Director shall transmit 
each schedule of fees prescribed under this subsection to Congress at 
least 90 days before the schedule becomes effective. All fees collected 
under this subsection shall be deposited as offsetting collections to 
the Judiciary Information Technology Fund pursuant to section 
612(c)(1)(A) of title 28, United States Code, to reimburse expenses 
incurred in providing services in accordance with section 3 of the Open 
Courts Act of 2020.
    ``(B) The Judicial Conference shall review a schedule of fees 
prescribed under this paragraph three years after it becomes effective 
and every three years thereafter to ensure that the fees meet the 
requirements of this paragraph. If the fees do not meet the 
requirements of this paragraph, the Judicial Conference shall prescribe 
a new schedule of fees pursuant to this paragraph and submit the new 
schedule of fees to Congress pursuant to subparagraph (A).
    ``(C) Amounts deposited to the Judiciary Information Technology 
Fund pursuant to this subsection and not used to reimburse expenses 
incurred in carrying out section 3 of the Open Courts Act of 2020 may 
be used to reimburse expenses incurred in carrying out section 2 of the 
Open Courts Act of 2020. Amounts not used to reimburse expenses 
incurred in carrying out section 2 of the Open Courts Act of 2020 may 
be used pursuant to section 612(a) of title 28, United States Code.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect beginning on the date specified in subsection 
        (d).

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to--
            (1) affect the filing fees or other filing procedures for 
        prisoners; or
            (2) abrogate, limit, or modify the requirements described 
        in section 1915 of title 28, United States Code.

SEC. 5. DIGITAL ACCESSIBILITY STANDARDS.

    The systems established under sections 2 and 3 of this Act or the 
amendments made by such sections shall comply with relevant digital 
accessibility standards established pursuant to section 508 of the 
Rehabilitation Act of 1973.
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