,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hbce ,,in ,,the ,,house ,,of ,,representatives ,september #ad1 #bjbj,mr4 ,johnson of ,georgia 7for himself and ,mr4 ,collins of ,georgia7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the modernization of electronic case management systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,open ,courts ,act of #bjbj4 #b4 ,modernization of electronic court records systems 7a7 ,consolidation ,not later than the date specified in subsection 7e71 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in coordination with the ,administrator of ,general ,services1 shall establish1 maintain1 and operate1 consistent with the requirements of this section and section #c1 one system for all public court records4 7b7 ,requirements of system ,the system developed under subsection 7a7 shall comply with the following requirements3 7#a7 ,the system shall provide search functions1 developed in coordination with the ,administrator of ,general ,services1 for use by the public and by parties before the court4 7#b7 ,any information that is prohibited from public disclosure by law or court order shall be redacted4 7#c7 ,any information made available through a website established pursuant to section #bje of the ,e-,government ,act of #bjjb shall be included in the system4 7#d7 ,any website for the system shall substantially comply with the requirements under subsections 7b7 and 7c7 of section #bje of the ,e-,government ,act of #bjjb4 7#e7 ,to the extent practicable1 external websites shall be able to link to documents on the system4 ,each website established pursuant to section #bje of the ,e-,government ,act of #bjjb shall contain a link to the system4 7c7 ,data standards 7#a7 ,establishment of data standards ,the ,director of the ,administrative ,office of the ,united ,states ,courts1 in coordination with the ,administrator of ,general ,services and the ,archivist of the ,united ,states1 shall establish data standards for the system established under subsection 7a74 7#b7 ,requirements ,the data standards established under paragraph 7#a7 shall1 to the extent reasonable and practicable-- 7,a7 incorporate widely accepted common data elements2 7,b7 incorporate a widely accepted1 nonproprietary1 full text searchable1 platform-independent computer-readable format2 and 7,c7 be capable of being continually upgraded as necessary4 7#c7 ,deadlines ,not later than #f months after the date of enactment of this ,act1 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 section4 7d7 ,use of technology ,in developing the system under subsection 7a71 the ,director shall use modern technology in order-- 7#a7 to improve security1 data accessibility1 affordability1 and performance2 and 7#b7 to minimize the burden on pro se litigants4 7e7 ,date specified ,the date specified in this subsection is the date that is #b years after the date of the enactment of this ,act1 unless the ,administrator of ,general ,services certifies to ,congress1 by not later than #ij days after such date of enactment1 that an additional period of time is required4 ,if the ,administrator so certifies1 the date specified in this subsection is the date that is #c years after the date of enactment of this ,act4 7f7 ,funds for establishment1 operation1 and maintenance of modernized court records system 7#a7 ,short term access fees to fund establishment of modernized court records system 7,a7 ,in general ,section #cjc of the ,judiciary ,appropriations ,act1 #aiib 7title ,,iii of ,public ,law #ajb-adj2 #aje ,stat4 #hjg7 7#bh ,u4,s4,c4 #aiac note7 is amended-- 7i7 in subsection 7a71 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 #be1jjj or greater in any quarter4 ,all fees collected shall be deposited as offsetting collections to the ,judiciary ,information ,technology ,fund pursuant to section #fab7;c77#a77;,a7 of title #bh1 ,united ,states ,code1 to reimburse expenses incurred in carrying out section #b of the ,open ,courts ,act of #bjbj4 before ,the ,director of the ,administrative ,office of the ,united ,states ,courts2 and 7ii7 in subsection 7b71 by striking ,all fees hereafter and inserting ,except as otherwise provided in this section1 all fees hereafter4 7,b7 ,excess fees ,amounts deposited in the ,judiciary ,information ,technology ,fund pursuant to the amendments made by subparagraph 7,a7 and not used to reimburse expenses incurred in carrying out section #b of this ,act may be used pursuant to section #fab7;a7 of title #bh1 ,united ,states ,code4 7,c7 ,effective date ,the amendment made by subparagraph 7,a7 shall take effect on the date of enactment of this ,act4 7#b7 ,filing fees to fund operation and maintenance of modernized court records system 7,a7 ,in general ,section #cjc of the ,judiciary ,appropriations ,act1 #aiib 7title ,,iii of ,public ,law #ajb-adj2 #aje ,stat4 #hjg7 7#bh ,u4,s4,c4 #aiac note7 is amended by striking subsections 7a7 and 7b71 and inserting the following3 7a7 ,to cover the costs of carrying out section #b of the ,open ,courts ,act of #bjbj1 the ,judicial ,conference may1 only to the extent necessary-- 7#a7 prescribe reasonable filing fees1 pursuant to sections #aiac1 #aiad1 #aibf1 #aicj1 and #aicb of title #bh1 ,united ,states ,code1 for collection by the courts under those sections1 which-- 7,a7 shall be based on the extent of the use by the person filing of the system established under such section #b for purposes of such action2 7,b7 shall in addition be adjusted based on factors including the nature of the action and claim for relief1 the amount of damages demanded1 the estimated complexity of the type of action1 and the interests of justice2 7,c7 may be prescribed for the filing of a counterclaim2 and 7,d7 shall not apply in the case of a pro se litigant or litigant who certifies their financial hardship2 and 7#b7 prescribe a reasonable fee for the filing of a proof of claim or interest under ,rule #cjjb and ,rule #cjjc of the ,rules of ,bankruptcy ,procedure1 which may be adjusted proportionately to the amount of the claim1 the status of the claim1 and the type of proceeding in which the claim is filed1 and interests of justice4 7b7 ,the ,judicial ,conference and the ,director shall transmit each schedule of fees prescribed under subsection 7a7 to ,congress at least #ij days before the schedule becomes effective4 ,all fees collected under subsection 7a7 shall be deposited as offsetting collections to the ,judiciary ,information ,technology ,fund pursuant to section #fab7;c77#a77;,a7 of title #bh1 ,united ,states ,code1 to reimburse expenses incurred in carrying out section #b of the ,open ,courts ,act of #bjbj4 7c7 ,the ,judicial ,conference shall review a schedule of fees prescribed under subsection 7a7 three years after it becomes effective and every three years thereafter to ensure that the fees meet the requirements of this section4 ,if the fees do not meet the requirements of this section1 the ,judicial ,conference shall prescribe a new schedule of fees pursuant to subsection 7a7 and submit the new schedule of fees to ,congress pursuant to subsection 7b74 7d7 ,amounts deposited to the ,judiciary ,information ,technology ,fund pursuant to this section and not used to reimburse expenses incurred in carrying out section #b of the ,open ,courts ,act of #bjbj may be used pursuant to section #fab7;a7 of title #bh1 ,united ,states ,code4 4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall take effect on the date specified in subsection 7e74 #c4 ,public access to electronic court records system requirement 7a7 ,in general ,not later than the date specified in subsection 7d71 the ,director of the ,administrative ,office of the ,united ,states ,courts1 in coordination with the ,administrator of ,general ,services1 shall make all materials in the system established under section #b publicly accessible1 free of charge4 7b7 ,authority for short term delays of public access to certain records ,the ,judicial ,conference1 after appropriate public notice and opportunity for comment1 may designate categories of records which are not automatically made publicly accessible under subsection 7a74 ,any such category shall be no broader than necessary1 based on a determination of a specific and substantial interest in restricting the public right of access to court records1 and subject to no more than a #e-;day delay before being made publicly accessible under subsection 7a74 ,any such designation shall expire after #c years unless renewed pursuant to the requirements of this subsection4 7c7 ,use of technology ,in providing public access under subsection 7a71 the ,director shall1 in coordination with the ,administrator of ,general ,services1 use modern technology in order-- 7#a7 to improve security1 data accessibility1 ease of public access1 affordability1 and performance2 and 7#b7 to minimize the burden on pro se litigants4 7d7 ,date specified ,the date specified in this subsection is the date that is #b years after the date of the enactment of this ,act1 unless the ,administrator of ,general ,services certifies to ,congress1 by not later than #ij days after such date of enactment1 that an additional period of time is required4 ,if the ,administrator so certifies1 the date specified in this subsection is the date that is #c years after the date of enactment of this ,act4 7e7 ,funding for public access to modernized electronic court records system 7#a7 ,in general ,section #cjc of the ,judiciary ,appropriations ,act1 #aiib 7title ,,iii of ,public ,law #ajb-adj2 #aje ,stat4 #hjg7 7#bh ,u4,s4,c4 #aiac note7 is amended by adding at the end the following3 7c7 7#a7 ,to cover the costs of ensuring the public accessibility1 free of charge1 of all materials in the system established under section #b of the ,open ,courts ,act of #bjbj in accordance with section #c of such ,act1 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 #bjah1 as adjusted for inflation4 ,all fees collected under this subsection shall be deposited as offsetting collections to the ,judiciary ,information ,technology ,fund pursuant to section #fab7;c77#a77;,a7 of title #bh1 ,united ,states ,code1 to reimburse expenses incurred in providing services in accordance with section #c of the ,open ,courts ,act of #bjbj4 7#b7 ,to cover any additional marginal costs of ensuring the public accessibility1 free of charge1 of all materials in the system established under section #b of the ,open ,courts ,act of #bjbj in accordance with section #c of such ,act1 the ,judicial ,conference may prescribe reasonable filing fees1 pursuant to sections #aiac1 #aiad1 #aibf1 #aicj1 and #aicb of title #bh1 ,united ,states ,code1 for collection by the courts under those sections4 ,the filing fees-- 7,a7 shall be based on the extent of the use by the person filing of the system established under such section #b for purposes of such action2 7,b7 shall be adjusted based on factors including the nature of the action and claim for relief1 the amount of damages demanded1 the estimated complexity of the type of action1 and the interests of justice2 7,c7 may be prescribed for the filing of a counterclaim2 and 7,d7 shall not apply to a pro se litigant or a litigant who certifies their financial hardship4 7#c7 7,a7 ,the ,judicial ,conference and the ,director shall transmit each schedule of fees prescribed under this subsection to ,congress at least #ij days before the schedule becomes effective4 ,all fees collected under this subsection shall be deposited as offsetting collections to the ,judiciary ,information ,technology ,fund pursuant to section #fab7;c77#a77;,a7 of title #bh1 ,united ,states ,code1 to reimburse expenses incurred in providing services in accordance with section #c of the ,open ,courts ,act of #bjbj4 7,b7 ,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 paragraph4 ,if the fees do not meet the requirements of this paragraph1 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 7,a74 7,c7 ,amounts deposited to the ,judiciary ,information ,technology ,fund pursuant to this subsection and not used to reimburse expenses incurred in carrying out section #c of the ,open ,courts ,act of #bjbj may be used to reimburse expenses incurred in carrying out section #b of the ,open ,courts ,act of #bjbj4 ,amounts not used to reimburse expenses incurred in carrying out section #b of the ,open ,courts ,act of #bjbj may be used pursuant to section #fab7;a7 of title #bh1 ,united ,states ,code4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect beginning on the date specified in subsection 7d74 #d4 ,rule of construction ,nothing in this ,act1 or the amendments made by this ,act1 shall be construed to-- 7#a7 affect the filing fees or other filing procedures for prisoners2 or 7#b7 abrogate1 limit1 or modify the requirements described in section #aiae of title #bh1 ,united ,states ,code4 #e4 ,digital accessibility standards ,the systems established under sections #b and #c of this ,act or the amendments made by such sections shall comply with relevant digital accessibility standards established pursuant to section #ejh of the ,rehabilitation ,act of #aigc4