,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #dagf  ,,in ,,the ,,house ,,of  
,,representatives  ,august #i1 #bjai,mr4
 ,cicilline introduced the following    
bill2 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 cases1 and for     
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,open ,access  
to ,courts ,act of #bjai4  #b4          
,electronic ,public ,access to ,exhibits
 in ,federal ,cases  7a7 ,in ,general   
,not later than #b years after the date 
of enactment of this ,act1 and except as
 provided in subsection 7b71 the        
,judicial ,conference of the ,united    
,states shall establish a pilot program 
to ensure that exhibits in ,federal     
cases before #e ,federal courts selected
 by the ,director and any additional    
,federal district court that elects to  
participate are accessible through such 
online portal as the ,judicial          

,conference may designate for the pilot 
project established under this ,act4    
7b7 ,exemption from ,electronic ,public 
,access ,this ,act shall not apply to   
the following exhibits3 7#a7 ,exhibits  
that cannot be digitized4  7#b7         
,exhibits concerning matters that are   
exempt from disclosure under section    
#eeb7;b7 of title #e1 ,united ,states   
,code4  7#c7 ,exhibits exempt from      
disclosure under ,rule #be7;a77#e7 of   
the ,federal ,rules of ,appellate       
,procedure4  7#d7 ,exhibits exempt from 
disclosure under ,rule #e4b of the      
,federal ,rules of ,civil ,procedure4   
7#e7 ,exhibits exempt from disclosure   
under ,rule #di4a of the ,federal ,rules
 of ,criminal ,procedure4  7#f7         
,exhibits exempt from disclosure under  
,rule #ijcg of the ,federal ,rules of   
,bankruptcy ,procedure4  7#g7 ,exhibits 
that have been sealed by the presiding  
judge4  7#h7 ,exhibits that a presiding 
judge determines the public disclosure  
of which would likely interfere with a  

fair trial or otherwise the due         
administration of justice4  7#i7        
,exhibits that are otherwise exempt from
 public disclosure under any other      
provision of ,federal or ,state law4    
7c7 ,applicability of ,exemption  7#a7  
,in ,general ,the determination of the  
applicability of subsection 7b7 to an   
exhibit shall be made by the presiding  
judge4 ,with respect to the             
applicability of the exemption described
 in paragraph 7#b71 7#c71 7#d71 7#e71 or
 7#f7 of subsection 7b71 the presiding  
judge must determine that it is         
reasonably foreseeable that the         
disclosure of the exhibit would harm an 
interest protected by the relevant      
provision4  7#b7 ,redacted ,exhibits    
,with respect to an exhibit exempted    
from disclosure under subsection        
7b77#b71 any reasonably segregable      
portion of the exhibit shall be made    
available on the online portal          
established under subsection 7a71 in    
accordance with the procedures described

 at the end of section #eeb7;b7 of title
 #e1 ,united ,states ,code4  7#c7       
,descriptive ,notation ,with respect to 
an exhibit exempted from disclosure     
under paragraph 7#a71 7#b71 7#c71 7#d71 
7#e71 7#f71 or 7#i7 of subsection 7b71 a
 descriptive notation of the exhibit    
shall be made available1 consistent with
 any requirement under law regarding    
limitation on disclosure1 on the online 
portal established under subsection 7a74
  #c4 ,rulemaking ,the ,judicial        
,conference of the ,united ,states may  
promulgate such regulations as may be   
necessary to implement this ,act4  #d4  
,definitions ,for purposes of this ,act3
 7#a7 ,digitized ,the term digitized    
means converted into a digital form that
 can be processed by a computer4  7#b7  
,exhibit ,the term exhibit means a      
document1 record1 or other tangible     
object introduced as evidence during a  
trial1 and that1 in accordance with the 
,federal ,rules of ,evidence1 is        
identified or authenticated1 and        

admitted into the record1 and does not  
include any portion of such document1   
record1 or tangible object that was not 
so admitted4  7#c7 ,presiding judge ,the
 term presiding judge means the         
magistrate or judge presiding over the  
court proceeding concerned4 ,in         
proceedings in which more than #a judge 
participates1 the presiding judge shall 
be the senior active judge so           
participating or1 in the case of a      
circuit court of appeals1 the senior    
active circuit judge so participating1  
except that in en banc sittings of any  
,united ,states circuit court of        
appeals1 the presiding judge shall be   
the chief judge of the circuit whenever 
the chief judge participates4  #e4      
,termination2 report  7a7 ,termination  
,this ,act and the pilot program        
established under this ,act shall       
terminate on the date that is #d years  
after the date of enactment of this     
,act4  7b7 ,report ,not later than one  
year after the termination of the pilot 

program established under this ,act1 the
 ,federal ,judicial ,center shall submit
 to the ,judicial ,conference of the    
,united ,states1 ,congress1 and any     
other appropriate ,federal agency or    
office1 a report that contains the      
results of the pilot program1 along with
 any recommendations for improving      
public electronic access to ,federal    
court exhibits4