H.R. 8235 — what changed
Open Courts Act of 2020
From Engrossed in House to Referred in Senate. 1 section amended between Engrossed in House and Referred in Senate.
Sec. 5 Review and publication of user fees
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.
Fee Proposal and Comment Periods—
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.
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.
Congressional review period— A schedule of fees set or adjusted under paragraph (3) may not become effective—
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
if a law is enacted disapproving such fee.
Study—
renumbered
was (4)(3)
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—
renumbered
was (4)(3)(3)
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
renumbered
was (4)(3)(4)
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;
renumbered
was (4)(3)(5)
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
renumbered
was (4)(3)(6)
whether, and to what extent, there are other sources of revenue that should be provided to support the system.
renumbered
was (4)(4)
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—
renumbered
was (4)(4)(3)
negatively or positively affect the administration of justice;
renumbered
was (4)(4)(4)
impose inappropriate burdens on access to justice by litigants;
renumbered
was (4)(4)(5)
relate to the relative impact of activities on system costs;
renumbered
was (4)(4)(6)
improve fairness to users;
renumbered
was (4)(4)(7)
otherwise be fair or unfair to the public;
renumbered
was (4)(4)(8)
be feasible to implement effectively; and
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was (4)(4)(9)
generate meaningful revenue.
renumbered
was (4)(5)
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.
renumbered
was (4)(6)
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).
renumbered
was (4)(7)
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).