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 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 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4988 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4988
To provide for the modernization of electronic case management systems,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 9, 2020
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 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 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.
(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 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, 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 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) 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 2020 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 2020.
``(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 2020 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 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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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