H.R. 8235 — what changed
Open Courts Act of 2020
From Introduced in House to Engrossed in House. 4 sections amended and 4 added between Introduced in House and Engrossed in House.
Sec. 2 Modernization of electronic court records systems
changed
Consolidation— Not later than the date specified in subsection (e), as modified by any adjustments certified pursuant to section 6(b), the Director of the Administrative Office of the United States Courts, in coordination with the Administrator of General Services, shall establish, maintain, develop, deliver, and operate, sustain, consistent with the requirements of this section and section 3, one system for all public court records.
changed
Requirements of system— The system developed under described in subsection (a) shall comply with the following requirements:
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.
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Any information that is prohibited from The system shall make public disclosure by law or court order shall be redacted.records automatically accessible to the public upon receipt of such records.
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.
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.
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.
Data standards—
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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).described in this section and section 3.
Requirements— The data standards established under paragraph (1) shall, to the extent reasonable and practicable—
incorporate widely accepted common data elements;
incorporate a widely accepted, nonproprietary, full text searchable, platform-independent computer-readable format; and
be capable of being continually upgraded as necessary.
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Deadlines— Not later than 6 9 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.
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Use of technology— In developing carrying out the system duties under subsection (a), the Director shall use modern technology in order—
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to improve security, data accessibility, data quality, affordability, and performance; and
to minimize the burden on pro se litigants.
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Date specified— The date specified in this subsection is the date that is 2 years after the date of the enactment of this Act, January 1, 2025, unless the Administrator of General Services certifies to Congress, by not later than 90 days 6 months after such the date of enactment, enactment of this Act, that an additional period of time is required. If the Administrator so certifies, the date specified in this subsection is the shall be a date that is 3 years after the date of enactment of this Act.no later than January 1, 2026.
Funds for establishment, operation, and maintenance of modernized court records system—
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Short term access fees to fund development and delivery of modernized court records system— Until the date specified in subsection (e), to cover the costs of carrying out this section and section 3 and pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, the Judicial Conference shall prescribe a progressive schedule of reasonable additional fees for persons, other than government agencies, who accrue fees for electronic access to information under section 303 of Public Law 102–140 (28 U.S.C. 1913 note; 105 Stat. 807) in an amount of $6,000 or greater in any quarter. Any such additional fees shall be assessed on a progressive fee schedule according to the level of use so that higher volume users are assessed higher fees.
removed
Short term access fees to fund establishment of modernized court records system—
removed
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—
removed
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
removed
in subsection (b), by striking “All fees hereafter” and inserting “Except as otherwise provided in this section, all fees hereafter”.
removed
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.
removed
Effective date— The amendment made by subparagraph (A) shall take effect on the date of enactment of this Act.
changed
Filing fees to fund operation and maintenance of modernized court records system—Pricing for high-volume, for-profit use—
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In general— Section 303 Pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, the Judiciary Appropriations Act, 1992 (title III Director of Public Law 102–140; 105 Stat. 807) (28 U.S.C. 1913 note) is amended by striking subsections (a) and (b), the Administrative Office of the United States Courts, in coordination with the Administrator of General Services and inserting the following:Office of Technology Transformation of the General Services Administration, may prescribe a schedule of reasonable fees for high-volume, for-profit public users of the system described in this section and section 3, to facilitate service-level agreements for maximum response times, integrations, high availability, and service and support.
removed
“(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—
removed
“(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—
removed
“(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;
removed
“(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;
removed
“(C) may be prescribed for the filing of a counterclaim; and
removed
“(D) shall not apply in the case of a pro se litigant or litigant who certifies their financial hardship; and
removed
“(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.
removed
“(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.
removed
“(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).
removed
“(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.”
changed
Effective date—Fee requirements— The amendment made by subparagraph (A) schedule of fees described in paragraph (1) shall take effect be based on a determination of specific and substantial need, and may not impair access to justice and the date specified public right of access to court records, restrain innovation in subsection (e).the provision of legal services and access to public court records, nor inhibit not for profit research of the business of the Federal courts.
added
Fees to fund operation and maintenance of modernized court records system—
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In general— To cover the costs of carrying out this Act, the Judicial Conference of the United States may, only to the extent necessary, prescribe schedules of reasonable user fees, pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code. Such fees shall be based on the extent of use of the system described under this section and section 3 as well as factors such as feasibility, fairness to other users of the system, and efficacy, and may not foreclose access to justice and the public right of access to court records.
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Filing fees prohibited— The Judicial Conference of the United States may not prescribe filing fees to cover the cost of the system described in this section and section 3 unless the Judicial Conference determines that all other sources of fees will not cover the costs of such system. Only after such a determination and only to the extent necessary, the Judicial Conference may prescribe schedules of progressive filing fees under subparagraph (A). In addition to the requirements of subparagraph (A), such filing fees—
added
shall be based on factors to ensure that such schedules are graduated and equitable, including the type of action and claim for relief, the status of a filer, the amount of damages demanded, the estimated complexity of the type of action, and the interests of justice;
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may be prescribed for the filing of a counterclaim;
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shall not apply in the case of a pro se litigant or litigant who certifies the litigant’s financial hardship;
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shall not be a basis for rejecting a filing or otherwise denying a party seeking relief access to the courts of the United States;
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shall be assessed according to schedules, not on a case-by-case, ad hoc basis; and
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shall not be greater than 15 percent of any other fees associated with the filing.
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Use of funds—
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Deposit fees— 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 carrying out this section.
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Authorized uses of fees— Amounts deposited to the Judiciary Information Technology Fund pursuant to this paragraph and not used to reimburse expenses incurred in carrying out this section and section 3 may be used pursuant to section 612(a) of title 28, United States Code.
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Interest of justice— A court may waive any fee imposed under paragraph (3) in the interest of justice upon motion.
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Effective date— Paragraphs (2) and (3) shall take effect on the date specified in subsection (e). Paragraph (1) and section 303 of Public Law 102–140 (28 U.S.C. 1913 note; 105 Stat. 807) shall cease to have effect on that date.
Sec. 3 Public access to electronic court records system requirement
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In general— Not later than the date specified in subsection (d), section 2(e), and subject to any certification under section 6(b), 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 described in section 2 and this section publicly accessible, free of charge.charge and without requiring registration.
removed
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.
renumbered
was (4)
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—
added
to improve security, data accessibility, quality, ease of public access, affordability, and performance; and
removed
to improve security, data accessibility, ease of public access, affordability, and performance; and
renumbered
was (4)(4)
to minimize the burden on pro se litigants.
added
Funding for public access to modernized electronic court records system—
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In general— To cover any marginal costs of ensuring the public accessibility, free of charge, of all materials in the system in accordance with this section, the Judicial Conference of the United States 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 this section.
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Authorized uses of fees— Amounts deposited to the Judiciary Information Technology Fund pursuant to this subsection and not used to reimburse expenses incurred in carrying out this section may be used to reimburse expenses incurred in carrying out section 2. Amounts not used to reimburse expenses incurred in carrying out section 2 may be used pursuant to section 612(a) of title 28, United States Code.
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Effective date— Paragraph (1) shall take effect beginning on the date specified in section 2(e).
removed
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.
removed
Funding for public access to modernized electronic court records system—
removed
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:
removed
“(c)
removed
“(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.
removed
“(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—
removed
“(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;
removed
“(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;
removed
“(C) may be prescribed for the filing of a counterclaim; and
removed
“(D) shall not apply to a pro se litigant or a litigant who certifies their financial hardship.
removed
“(3)
removed
“(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.
removed
“(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).
removed
“(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.”
removed
Effective date— The amendment made by paragraph (1) shall take effect beginning on the date specified in subsection (d).
Sec. 4 Ensuring modern development standards
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Industry standards— The system described in sections 2 and 3 shall be developed in accordance with industry standards for the incremental development of new information technology systems, including user-centered design, Agile software development practices and procurement, and service-oriented architecture.
removed
Nothing in this Act, or the amendments made by this Act, shall be construed to—
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Analyses— affect The Director of the filing fees or other filing procedures for prisoners; orAdministrative Office of the United States Courts shall, in cooperation with the Administrator of General Services, conduct regular analyses at each stage of system development to ensure that any requirements—
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are consistent with this Act;
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meet the business needs of users of the system, the public, and the judiciary; and
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comply with relevant statutes and rules, including chapter 131 of title 28, United States Code (commonly known as the “Rules Enabling Act”), the Federal Rules of Procedure, and local rules and orders of Federal courts.
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Initial plan— abrogate, limit, or modify Not later than 6 months after the requirements described in section 1915 date of title 28, enactment of this Act, the Director of the Administrative Office of the United States Code.Courts shall submit to Congress a report with respect to its initial plan for development of the system after consultation with the Office of Technology Transformation Services of the General Services Administration and the United States Digital Service, which may include an analysis of the state of the system as of the date of enactment of this Act, an approach for developing the system consistent with sections 2 and 3 of this Act, and a proposed timeline for development.
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Reports and notice—
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Reports—
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In general— Each quarter after the issuance of the report described in subsection (c), the Director of the Administrative Office of the United States Courts shall report quarterly to the Committees on the Judiciary of the House of Representatives and the Senate on progress of the development of the system, improvements achieved, and risks that arise (such as lack of funding source or lack of technological solutions to meet the needs of this Act or applicable statutes and rules). Such report shall include an assessment of vendors’ compliance with a quality assessment surveillance plan, code quality, and whether the system is meeting users’ needs.
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System status— Not later than 60 days after the end of each fiscal year, the Comptroller General of the United States shall report to Congress on the policies, goals, performance, budget, contracts, fee proposals, and user fees of the Administrative Office of the United States Courts, including input from a cross-section of the nongovernmental users and stakeholders, with respect to the system described in sections 2 and 3 of this Act.
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Notice— Not later than 6 months after the date of enactment of this Act, and quarterly thereafter, the Comptroller General of the United States shall notify Congress that the Director of the Administrative Office of the United States Courts has—
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produced additional usable functionality of the system described under sections 2 and 3 of this Act;
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held live, publicly accessible demonstrations of software in development; and
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allowed the Comptroller General or a designee to attend all sprint reviews held during such 6 month or quarterly period.
Sec. 5 Review and publication of user fees
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Periodic review— The Judicial Conference of the United States shall review any schedule of fees prescribed under this Act 3 years after such schedule becomes effective and every 3 years thereafter to ensure that the schedule meets the requirement of this Act. If a fee schedule does not meet such requirements, the Judicial Conference shall prescribe a new schedule of fees pursuant to this section and submit the new schedule of fees to Congress pursuant to this section.
added
Fee Proposal and Comment Periods—
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Public comment— The Judicial Conference of the United States shall publish any schedule of new fees or fee adjustments, as authorized under this Act, in the Federal Register and on the website of the United States Courts. The Judicial Conference shall accept public comment on the proposed fees for a period of not less than 60 days.
added
Publication of final schedule of new fees or fee adjustments— After the period specified in paragraph (2), the final schedule of new fees or fee adjustments shall be published in the Federal Register and on the website of the United States Courts along with an explanation of any changes from the proposed schedule of new fees or fee adjustments.
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Congressional review period— A schedule of fees set or adjusted under paragraph (3) may not become effective—
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before the end of the 90-day period beginning on the day after the date on which the Judicial Conference publishes the schedule of new fees or fee adjustments under paragraph (3); or
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if a law is enacted disapproving such fee.
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Study—
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In general— The Judicial Conference of the United States shall periodically study the system described in sections 2 and 3 of this Act in accordance with this section. The study shall examine—
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the relative extent to which specific functions and usage of the system are supported, directly or indirectly, by fees, appropriations, and other sources of revenue; and
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whether, and to what extent, there are additional fees of any kind that could be more appropriately imposed to support the operations and maintenance of the system and whether or not any such fees should or must be imposed by statute or by judiciary regulation;
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whether, and to what extent, there are additional appropriations that should be pursued that should be provided to support the system in lieu of fees; and
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whether, and to what extent, there are other sources of revenue that should be provided to support the system.
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Considerations— In determining the appropriateness of any fees, the Judicial Conference of the United States shall consider the extent to which any such fees would—
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negatively or positively affect the administration of justice;
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impose inappropriate burdens on access to justice by litigants;
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relate to the relative impact of activities on system costs;
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improve fairness to users;
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otherwise be fair or unfair to the public;
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be feasible to implement effectively; and
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generate meaningful revenue.
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Report— Not later than 1 year after the date of enactment of this Act, the Judicial Conference of the United States shall submit to the Committees on the Judiciary of the House of Representative and the Senate a report on the conclusions of the study described under this section.
added
Fee authority— If the Judicial Conference of the United States determines, pursuant to subsection (a), that additional fees are reasonable and necessary to fund the system described in sections 2 and 3, it may promulgate such fees pursuant to section 2(f)(3)(A).
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Additional report— Not less frequently than every 3 years, the Judicial Conference shall review the matters described in this subsection and report any new findings to Congress as described in this subsection. Any fees may be adjusted pursuant to section 2(f)(3)(A).
removed
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.
Sec. 6 Reporting and certification to Congress on finances
added
added
Annual Report and Consultation Concerning Funding for the Following Fiscal Year— At the beginning of each fiscal year after the date of enactment of this Act, the Director of the Administrative Office of the United States Courts shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on—
added
the status of funding the system described under sections 2 and 3; and
added
plans for any new fee proposals or adjustments and whether there is a foreseeable need to use the certification authority provided under subsection (b)(2) in the following fiscal year.
added
Certification Regarding Anticipated Funding in the Current Fiscal Year—
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In general— The Director of the Administrative Office of the United States Courts may treat any and all receipts, funds, expenditures and costs associated with the system established under sections 2 and 3 as constituting a separate item in its budget distinct from the remainder of its budget.
added
Certification— At the beginning of a fiscal year, starting in fiscal year 2023, and only when necessary, the Director of the Administrative Office of the United States Courts may submit a certification, including supporting documentation and analysis, to the Committees on the Judiciary of the House of Representatives and the Senate, which—
added
identifies any expected deficit in funds for that fiscal year; and
added
specifies the Director’s response for such deficit for the remainder of that fiscal year, including—
added
modifying the scope and scale of the system described in sections 2 and 3;
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increasing fees or other receipts within the Judicial Conference’s authority; and
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temporarily delaying the delivery of the system.
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Consultation— Not later than 30 days after receipt of the certification described in paragraph (2), the Director of the Administrative Office of the United States Courts and the Chairs and Ranking Members of the Committees on the Judiciary of the House of Representatives and the Senate shall meet in person concerning the certification, supporting documentation, and analysis.
added
Implementation— The Director of the Administrative Office of the United States Courts may implement its response described in paragraph (2) any time after the 30-day period following the consultation described in paragraph (3).
added
GAO review— In any fiscal year during which such certification is issued and implemented, the Comptroller General of the United States shall conduct a comprehensive review of the certification not later than 120 days after its submission, including—
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the accuracy of the expectations of the Director of the Administrative Office of the United States Courts with respect to any deficit in funds;
added
the efficacy of the Director’s recommended response, and
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the Comptroller General’s recommendations for alternative or additional responses submitted as a report to the Director and Committees on the Judiciary of the House of Representatives and the Senate.
added
Director response to review— Not later than 60 days after the Comptroller General of the United States conducts a review under paragraph (5), the Director of the Administrative Office of the United States Courts shall prepare and submit to the Committees on the Judiciary of the House of Representatives and the Senate a response to such review.
Sec. 7 Rule of construction
addedadded Nothing in this Act, or the amendments made by this Act, shall be construed to—
added
affect the filing fees or other filing procedures for prisoners; or
added
abrogate, limit, or modify the requirements described in section 1915 of title 28, United States Code.
Sec. 8 Digital accessibility standards
addedadded The system described under sections 2 and 3 of this Act shall comply with relevant digital accessibility standards established pursuant to section 508 of the Rehabilitation Act of 1973.
Sec. 9 Determination of Budgetary Effects
addedadded The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.