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 progressive schedule of additional fees for persons, other than government agencies, that are higher-volume users of PACER.
To fund the operations of the new system, the Judicial Conference shall collect an annual fee from federal agencies based on the amount of PACER fees paid by the agencies 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.
The bill specifies various reporting requirements related to the new system, including for the Government Accountability Office.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8235 Introduced in House (IH)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held.
Mr. Johnson (GA) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7015-7021)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8235.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7015-7018)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
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