,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dihh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #i1  
#bjbj,mr4 ,portman 7for himself and ,mr4
 ,wyden7 introduced the following bill2 
which was read twice and 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 develop1 deliver1 and  
sustain1 consistent with the            
requirements of this section and section
 #c1 one system for all public court    
records4  7b7 ,requirements of system   
,the system described 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 ,the system shall make public court
 records automatically accessible to the
 public upon filing4  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    

carrying out the duties under subsection
 7a71 the ,director shall use modern    
technology in order-- 7#a7 to improve   
security1 data accessibility1 data      
quality1 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 other than a       
government agency 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     
necessary1 prescribe schedules of       
reasonable filing fees1 pursuant to     
sections #aiac1 #aiad1 #aibf1 #aicj1 and

 #aicb of title #bh1 ,united ,states    
,code1 which-- 7#a7 shall be based on   
the extent of use of the system         
described under such section #b for     
purposes of such action2  7#b7 shall in 
addition be 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  7#d7 shall not apply  
in the case of a pro se litigant or     
litigant who certifies their financial  
hardship2 and  7#e7 shall not be a basis
 for denying access to the courts of the
 ,united ,states4  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 ,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  7c7 ,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  7d7 ,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 described under sections #b and  
#c of the ,open ,courts ,act of #bjbj in
 accordance with section #c of such     
,act1 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 #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 described under sections #b and  
#c of the ,open ,courts ,act of #bjbj in
 accordance with section #c of such     
,act1 the ,judicial ,conference may     
prescribe schedules of reasonable filing
 fees1 pursuant to sections #aiac1      
#aiad1 #aibf1 #aicj1 and #aicb of title 
#bh1 ,united ,states ,code4 ,the        
schedules-- 7,a7 shall be based on the  

extent of use of the system described   
under such section #b2  7,b7 shall1 in  
addition1 be based on factors including 
the nature of the type of 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  7,d7     
shall not apply to a pro se litigant or 
a litigant who certifies their financial
 hardship2 and  7,e7 shall not be a     
basis for denying access to the courts  
of the ,united ,states4  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 system     
described 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  #f4 
,,gao review  7a7 ,in general ,not later
 than #ahj days after the date of       

enactment of this ,act1 and quarterly   
thereafter1 the ,comptroller ,general of
 the ,united ,states shall notify       
,congress whether the ,director of the  
,administrative ,office of ,united      
,states ,courts has-- 7#a7 produced     
additional usable functionality of the  
system described under sections #b and  
#c of this ,act2  7#b7 held live1       
publicly accessible demonstrations of   
software in development2 and  7#c7      
allowed the ,comptroller ,general or a  
designee to attend all sprint reviews   
held during the applicable period4  7b7 
,audit ,not later than #ahj days after  
the date of the enactment of this ,act1 
and annually thereafter1 the            
,comptroller ,general of the ,united    
,states shall-- 7#a7 conduct an audit of
 the system established under this ,act1
 including the compliance of vendors    
with the quality assessment surveillance
 plan1 code quality1 and whether the    
system is meeting the needs of users2   
and  7#b7 shall submit to ,congress a   

report that contains-- 7,a7 the results 
of the audit required under paragraph   
7#a72 and  7,b7 any recommendations to  
improve the system established under    
this ,act4