Title: Open Courts Act of 2021
Policy area: Law

Summary:
Open Courts Act of 2021
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 higher-volume nongovernmental users of PACER.
To fund the operations of the new system, the Judicial Conference shall collect an annual fee from each federal agency equal to that agency's PACER fees in 2018, adjusted for inflation. 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 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2614 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2614

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 4, 2021

Mr. Portman (for himself and Mr. Wyden) introduced the following bill; 
  which was read twice and 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 2021''.

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 develop, deliver, and sustain, consistent with the requirements 
of this section and section 3, one system for all public court records.
    (b) Requirements of System.--The system described 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) The system shall make public court records 
        automatically accessible to the public upon filing.
            (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.
            (6) To the extent practicable, the system shall enable 
        courts to automatically generate and submit, in a computer-
        readable format, the reports required by sections 2519(1) and 
        3103a(d)(1) of title 18, United States Code.
    (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 carrying out the duties under subsection 
(a), the Director shall use modern technology in order--
            (1) to improve security, data accessibility, data quality, 
        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 other than a 
                        government agency 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 2021.'' 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 2021, the Judicial Conference may, only to the extent 
necessary, prescribe schedules of reasonable filing fees, pursuant to 
sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States 
Code, which--
            ``(1) shall be based on the extent of use of the system 
        described under such section 2 for purposes of such action;
            ``(2) shall in addition be 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;
            ``(3) may be prescribed for the filing of a counterclaim;
            ``(4) shall not apply in the case of a pro se litigant or 
        litigant who certifies their financial hardship; and
            ``(5) shall not be a basis for denying access to the courts 
        of the United States.
    ``(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 2021.
    ``(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 2021 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) 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.
    (c) 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.
    (d) 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 described under sections 
2 and 3 of the Open Courts Act of 2021 in accordance with section 3 of 
such Act, the Judicial Conference shall collect an annual fee from 
Federal agencies equal to the Public Access to Court Electronic Records 
access fees paid by those agencies 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 2021.
    ``(2) To cover any additional marginal costs of ensuring the public 
accessibility, free of charge, of all materials in the system described 
under sections 2 and 3 of the Open Courts Act of 2021 in accordance 
with section 3 of such Act, the Judicial Conference may prescribe 
schedules of reasonable filing fees, pursuant to sections 1913, 1914, 
1926, 1930, and 1932 of title 28, United States Code. The schedules--
            ``(A) shall be based on the extent of use of the system 
        described under such section 2;
            ``(B) shall, in addition, be based on factors including the 
        nature of the type of 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;
            ``(D) shall not apply to a pro se litigant or a litigant 
        who certifies their financial hardship; and
            ``(E) shall not be a basis for denying access to the courts 
        of the United States.
    ``(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 2021.
    ``(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 2021 may 
be used to reimburse expenses incurred in carrying out section 2 of the 
Open Courts Act of 2021. Amounts not used to reimburse expenses 
incurred in carrying out section 2 of the Open Courts Act of 2021 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 system described 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.

SEC. 6. GAO REVIEW.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and quarterly thereafter, the Comptroller 
General of the United States shall notify Congress whether the Director 
of the Administrative Office of United States Courts has--
            (1) produced additional usable functionality of the system 
        described under sections 2 and 3 of this Act;
            (2) held live, publicly accessible demonstrations of 
        software in development; and
            (3) allowed the Comptroller General or a designee to attend 
        all sprint reviews held during the applicable period.
    (b) Audit.--Not later than 180 days after the date of the enactment 
of this Act, and annually thereafter, the Comptroller General of the 
United States shall--
            (1) conduct an audit of the system established under this 
        Act, including the compliance of vendors with the quality 
        assessment surveillance plan, code quality, and whether the 
        system is meeting the needs of users; and
            (2) shall submit to Congress a report that contains--
                    (A) the results of the audit required under 
                paragraph (1); and
                    (B) any recommendations to improve the system 
                established under this Act.
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