[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6017 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6017
To amend title 28, United States Code, to provide for the establishment
of a code of conduct for the justices of the Supreme Court, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2020
Mr. Johnson of Georgia (for himself, Mr. Quigley, and Mr. Nadler)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend title 28, United States Code, to provide for the establishment
of a code of conduct for the justices of the Supreme Court, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Twenty-First Century Courts Act''.
SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT.
(a) In General.--Chapter 16 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 365. Code of conduct
``(a) Not later than one year after the date of the enactment of
this section, the Supreme Court of the United States shall, after
appropriate public notice and opportunity for comment, promulgate a
code of conduct for the justices of the Supreme Court.
``(b) The Supreme Court may modify the code of conduct after giving
appropriate public notice and opportunity for comment.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end the following:
``365. Code of conduct.''.
SEC. 3. EXPLANATION FOR DISQUALIFICATION OF JUSTICES, JUDGES, AND
MAGISTRATE JUDGES.
Section 455 of title 28, United States Code, is amended by adding
at the end the following:
``(g) Publication of Reasons for Disqualification.--
``(1) In general.--In the case of any matter in which a
justice, judge, or magistrate judge of the United States
disqualifies himself or herself under this section, the clerk
of the court shall publish timely notice of the
disqualification on the website of the court, with a brief
explanation of each reason for the disqualification.
``(2) Specification of circumstance.--The explanation of
the reason for the disqualification shall include a specific
identification of each circumstance under any paragraph of
subsection (b) that resulted in disqualification and may be
limited to an identification of the category of circumstance.
``(3) Exception.--This subsection does not apply to the
extent that the reason for the disqualification involves a
matter of medical health or, at the discretion of the Judicial
Conference, that the personal privacy of a justice, judge, or
magistrate judge of the United States could be unduly
compromised.''.
SEC. 4. ONLINE FINANCIAL DISCLOSURE REPORTS.
Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.
105) is amended by inserting at the end the following:
``(e)(1) Not later than 90 days after a report is filed under this
title by an individual described in section 109(10), the Judicial
Conference shall make such report available in a full text searchable,
sortable, and downloadable format on the website of the Administrative
Office of the United States Courts.
``(2) Any report published pursuant to paragraph (1) shall not
contain any information that is otherwise required by law, rule, or
regulation to be redacted from such report.
``(3) Not later than 6 months after the date of enactment of the
Twenty-First Century Courts Act, the Judicial Conference shall
prescribe a form for use in collecting information for such reports
substantially similar to any form employed by the Director of the
Office of Government Ethics on a Government-wide basis for agencies.''.
SEC. 5. AUDIO RECORDING OF COURT PROCEEDINGS.
(a) Courts of Appeals.--
(1) In general.--Chapter 3 of title 28, United States Code,
is amended by adding at the end the following:
``Sec. 50. Internet publication of certain audio recordings
``(a) In General.--Not later than the date described in subsection
(b), the proceedings of each hearing of a court of appeals shall be
made available for public transmission over the internet--
``(1) to the extent practicable, in real time during such
hearing; and
``(2) for not less than 2 years after the conclusion of
such hearing.
``(b) Date Described.--The date described in the subsection is--
``(1) in the case of a court of appeals sitting en banc,
one year after the date of the enactment of this section; and
``(2) in the case of a panel of a court of appeals (other
than as described in paragraph (1)), 2 years after the date of
the enactment of this section.
``(c) Exception.--The requirement under subsection (a) shall not
apply in the case that the courtroom is closed to the public.
``(d) Copyright Protection Not Available.--An audio recording
created pursuant to the requirement under this section shall be
considered a work of the United States Government for purposes of
section 105 of title 17.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following:
``50. Internet publication of certain audio recordings.''.
(b) Supreme Court.--
(1) In general.--Chapter 1 of title 28, United States Code,
is amended by adding at the end the following:
``Sec. 7. Internet publication of certain audio recordings
``(a) In General.--Each oral argument and opinion reading before
the Supreme Court shall be made available for public transmission over
the internet--
``(1)(A) on the day of such oral argument and opinion
reading, by not later than one year after the date of the
enactment of this section; and
``(B) in real time during such oral argument and opinion
reading, by not later than 2 years after the date of the
enactment of this section; and
``(2) for not less than 2 years after the conclusion of
such oral argument and opinion reading.
``(b) Exception.--The requirement under subsection (a) shall not
apply in the case that the courtroom is closed to the public.
``(c) Copyright Protection Not Available.--An audio recording
created pursuant to the requirement under this section shall be
considered a work of the United States Government for purposes of
section 105 of title 17.''.
(2) Clerical amendment.--The table of sections for such
chapter is amended by adding at the end the following:
``7. Internet publication of certain audio recordings.''.
SEC. 6. MODERNIZATION OF ELECTRONIC CASE MANAGEMENT SYSTEMS.
(a) Consolidation.--Not later than the date specified in subsection
(e), the Director of the Administrative Office of the United States
Courts, in coordination with the Administrator of General Services,
shall establish, maintain, and operate, consistent with the
requirements of this section and section 7 of this Act, one system all
public court records.
(b) Requirements of System.--The system developed under subsection
(a) shall comply with the following requirements:
(1) The system shall provide search functions, developed in
coordination with the Administrator of General Services, by the
public and by parties before the court.
(2) Any information that is prohibited from public
disclosure by law or court order shall be redacted.
(3) 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.
(4) 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.
(5) 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.
(c) Data Standards.--
(1) 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).
(2) Requirements.--The data standards established under
paragraph (1) shall, to the extent reasonable and practicable--
(A) incorporate widely accepted common data
elements;
(B) incorporate a widely accepted, nonproprietary,
full text searchable, platform-independent computer-
readable format; and
(C) be capable of being continually upgraded as
necessary.
(3) Deadlines.--Not later than 6 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
subsection (a).
(d) Use of Technology.--In developing the system under subsection
(a), the Director shall use modern technology in order--
(1) to improve security, data accessibility, affordability,
and performance; and
(2) to minimize the burden on pro se litigants.
(e) 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.
(f) Funding.--
(1) Establishment.--
(A) 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--
(i) 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 6 of the
Twenty-First Century Courts Act.'' before ``The
Director of the Administrative Office of the
United States Courts''; and
(ii) in subsection (b), by striking ``All
fees hereafter'' and inserting ``Except as
otherwise provided in this section, all fees
hereafter''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date of
enactment of this Act.
(2) Operation and maintenance.--
(A) 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
striking subsections (a) and (b), and inserting the
following:
``Sec. 303. (a)(1) To cover the costs of carrying out section 6 of
the Twenty-First Century Courts Act, the Judicial Conference may, only
to the extent necessary, 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.
``(2) The filing fees prescribed under paragraph (1) shall be based
on the extent of the use by the person filing of the system established
under such section 6 for purposes of such action, and 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. Filing
fees may be prescribed for the filing of a counterclaim. Pro se
litigants and litigants who certify their financial hardship shall not
be subject to the filing fees.
``(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 6 of the Twenty-First Century Courts Act.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date
specified in subsection (e).
(3) Bankruptcy fees.--
(A) In general.--To cover the costs of carrying out
section 6, the Judicial Conference may prescribe a fee
for the filing of a proof of claim or interest under
Rule 3002 and Rule 3003 of the Rules of Bankruptcy
Procedure. Such a fee may be in an amount of not less
than $1.00 for each such filing and 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. All fees collected under this paragraph
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.
(B) Effective date.--This paragraph shall take
effect beginning on the date of enactment of this Act.
SEC. 7. PUBLIC ACCESS TO COURT ELECTRONIC RECORDS SYSTEM REQUIREMENT.
(a) In General.--Not later than the date specified in subsection
(d), the Director of the Administrative Office of the United States
Courts, in coordination with the Administrator of General Services,
shall ensure the public accessibility, free of charge, of all materials
in the system established under section 6.
(b) Authority To Exempt Certain Records.--The Judicial Conference,
after appropriate public notice and opportunity for comment, may
identify categories of records which are not automatically made
publicly accessible under subsection (a). Any such exception shall be
no broader than necessary and based on a determination of a specific
and substantial interest in restricting the public right of access to
court records.
(c) 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--
(1) to improve security, data accessibility, ease of public
access, affordability, and performance; and
(2) to minimize the burden on pro se litigants.
(d) 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.
(e) Funding.--
(1) 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:
``(c)(1) To cover the costs of ensuring the public accessibility,
free of charge, of all materials in the system established under
section 6 of the Twenty-First Century Courts Act in accordance with
section 7 of such Act, the Judicial Conference may 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.
``(2) To cover any additional marginal costs of ensuring the public
accessibility, free of charge, of all materials in the system
established under section 6 of the Twenty-First Century Courts Act in
accordance with section 7 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. Pro se litigants and litigants who
certify their financial hardship shall not be subject to the filing
fee.
``(3) Any amounts collected under this subsection for a fiscal year
that are unobligated as of the last day of that fiscal year may not be
obligated or expended except to the extent provided in advance in
appropriations Acts.
``(4) 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 7 of the Twenty-First
Century Courts Act.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect beginning on the date specified in subsection
(d).
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to--
(1) affect the filing fees or other filing procedures for
prisoners; or
(2) abrogate, limit, or modify the requirements described
in section 1915 of title 28, United States Code.
SEC. 9. DIGITAL ACCESSIBILITY STANDARDS.
The systems established under sections 6 and 7 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.
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