[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2614 Reported in Senate (RS)]
<DOC>
Calendar No. 307
117th CONGRESS
2d Session
S. 2614
To provide for the modernization of electronic case management systems,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2021
Mr. Portman (for himself, Mr. Wyden, Mr. Durbin, Mr. Hawley, Mr.
Grassley, Mr. Leahy, Mrs. Feinstein, Mr. Whitehouse, Mr. Kennedy, Mr.
Coons, Mr. Blumenthal, Ms. Hirono, Mr. Booker, Mr. Padilla, and Mr.
Ossoff) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
March 15, 2022
Reported by Mr. Durbin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for the modernization of electronic case management systems,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Open Courts Act of
2021''.</DELETED>
<DELETED>SEC. 2. MODERNIZATION OF ELECTRONIC COURT RECORDS
SYSTEMS.</DELETED>
<DELETED> (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 develop, deliver, and sustain, consistent with the
requirements of this section and section 3, one system for all public
court records.</DELETED>
<DELETED> (b) Requirements of System.--The system described under
subsection (a) shall comply with the following requirements:</DELETED>
<DELETED> (1) 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.</DELETED>
<DELETED> (2) The system shall make public court records
automatically accessible to the public upon filing.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) To the extent practicable, the system shall
enable courts to automatically generate and submit, in a
computer-readable format, the reports required by sections
2519(1) and 3103a(d)(1) of title 18, United States
Code.</DELETED>
<DELETED> (c) Data Standards.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Requirements.--The data standards established
under paragraph (1) shall, to the extent reasonable and
practicable--</DELETED>
<DELETED> (A) incorporate widely accepted common
data elements;</DELETED>
<DELETED> (B) incorporate a widely accepted,
nonproprietary, full text searchable, platform-
independent computer-readable format; and</DELETED>
<DELETED> (C) be capable of being continually
upgraded as necessary.</DELETED>
<DELETED> (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 this section.</DELETED>
<DELETED> (d) Use of Technology.--In carrying out the duties under
subsection (a), the Director shall use modern technology in order--
</DELETED>
<DELETED> (1) to improve security, data accessibility, data
quality, affordability, and performance; and</DELETED>
<DELETED> (2) to minimize the burden on pro se
litigants.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Funds for Establishment, Operation, and Maintenance of
Modernized Court Records System.--</DELETED>
<DELETED> (1) Short term access fees to fund establishment
of modernized court records system.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) in subsection (a), 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
$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 2021.''
before ``The Director of the Administrative
Office of the United States Courts'';
and</DELETED>
<DELETED> (ii) in subsection (b), by
striking ``All fees hereafter'' and inserting
``Except as otherwise provided in this section,
all fees hereafter''.</DELETED>
<DELETED> (B) 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.</DELETED>
<DELETED> (C) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date of
enactment of this Act.</DELETED>
<DELETED> (2) Filing fees to fund operation and maintenance
of modernized court records system.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(a) To cover the costs of carrying out section 2 of the
Open Courts Act of 2021, the Judicial Conference may, only to the
extent necessary, prescribe schedules of reasonable filing fees,
pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28,
United States Code, which--</DELETED>
<DELETED> ``(1) shall be based on the extent of use of the
system described under such section 2 for purposes of such
action;</DELETED>
<DELETED> ``(2) shall in addition be 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;</DELETED>
<DELETED> ``(3) may be prescribed for the filing of a
counterclaim;</DELETED>
<DELETED> ``(4) shall not apply in the case of a pro se
litigant or litigant who certifies their financial hardship;
and</DELETED>
<DELETED> ``(5) shall not be a basis for denying access to
the courts of the United States.</DELETED>
<DELETED> ``(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
2021.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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
2021 may be used pursuant to section 612(a) of title 28, United States
Code.''.</DELETED>
<DELETED> (B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date
specified in subsection (e).</DELETED>
<DELETED>SEC. 3. PUBLIC ACCESS TO ELECTRONIC COURT RECORDS SYSTEM
REQUIREMENT.</DELETED>
<DELETED> (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 make all materials in the system established under
section 2 publicly accessible, free of charge.</DELETED>
<DELETED> (b) 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--
</DELETED>
<DELETED> (1) to improve security, data accessibility, ease
of public access, affordability, and performance; and</DELETED>
<DELETED> (2) to minimize the burden on pro se
litigants.</DELETED>
<DELETED> (c) 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.</DELETED>
<DELETED> (d) Funding for Public Access to Modernized Electronic
Court Records System.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(c)(1) To cover the costs of ensuring the public
accessibility, free of charge, of all materials in the system described
under sections 2 and 3 of the Open Courts Act of 2021 in accordance
with section 3 of such Act, 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 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 2021.</DELETED>
<DELETED> ``(2) To cover any additional marginal costs of ensuring
the public accessibility, free of charge, of all materials in the
system described under sections 2 and 3 of the Open Courts Act of 2021
in accordance with section 3 of such Act, the Judicial Conference may
prescribe schedules of reasonable filing fees, pursuant to sections
1913, 1914, 1926, 1930, and 1932 of title 28, United States Code. The
schedules--</DELETED>
<DELETED> ``(A) shall be based on the extent of use of the
system described under such section 2;</DELETED>
<DELETED> ``(B) shall, in addition, be based on factors
including the nature of the type of action and claim for
relief, the amount of damages demanded, the estimated
complexity of the type of action, and the interests of
justice;</DELETED>
<DELETED> ``(C) may be prescribed for the filing of a
counterclaim;</DELETED>
<DELETED> ``(D) shall not apply to a pro se litigant or a
litigant who certifies their financial hardship; and</DELETED>
<DELETED> ``(E) shall not be a basis for denying access to
the courts of the United States.</DELETED>
<DELETED> ``(3)(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 2021.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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
2021 may be used to reimburse expenses incurred in carrying out section
2 of the Open Courts Act of 2021. Amounts not used to reimburse
expenses incurred in carrying out section 2 of the Open Courts Act of
2021 may be used pursuant to section 612(a) of title 28, United States
Code.''.</DELETED>
<DELETED> (2) Effective date.--The amendment made by
paragraph (1) shall take effect beginning on the date specified
in subsection (d).</DELETED>
<DELETED>SEC. 4. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this Act, or the amendments made by this Act,
shall be construed to--</DELETED>
<DELETED> (1) affect the filing fees or other filing
procedures for prisoners; or</DELETED>
<DELETED> (2) abrogate, limit, or modify the requirements
described in section 1915 of title 28, United States
Code.</DELETED>
<DELETED>SEC. 5. DIGITAL ACCESSIBILITY STANDARDS.</DELETED>
<DELETED> The system described 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.</DELETED>
<DELETED>SEC. 6. GAO REVIEW.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act, and quarterly thereafter, the Comptroller
General of the United States shall notify Congress whether the Director
of the Administrative Office of United States Courts has--</DELETED>
<DELETED> (1) produced additional usable functionality of
the system described under sections 2 and 3 of this
Act;</DELETED>
<DELETED> (2) held live, publicly accessible demonstrations
of software in development; and</DELETED>
<DELETED> (3) allowed the Comptroller General or a designee
to attend all sprint reviews held during the applicable
period.</DELETED>
<DELETED> (b) Audit.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall--</DELETED>
<DELETED> (1) conduct an audit of the system established
under this Act, including the compliance of vendors with the
quality assessment surveillance plan, code quality, and whether
the system is meeting the needs of users; and</DELETED>
<DELETED> (2) shall submit to Congress a report that
contains--</DELETED>
<DELETED> (A) the results of the audit required
under paragraph (1); and</DELETED>
<DELETED> (B) any recommendations to improve the
system established under this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Courts Act of 2021''.
SEC. 2. MODERNIZATION OF ELECTRONIC FEDERAL COURT RECORDS 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 develop, deliver, and sustain, consistent with the requirements
of this section and section 3, one system for all public Federal court
records.
(b) Requirements of System.--The system described 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, for
use by the public and by parties before the court.
(2) The system shall make public Federal court records
automatically accessible to the public upon filing.
(3) The home page for public access to the system shall
include a notice displayed to first-time visitors, as
determined through a mechanism that does not require
registration or impose a fee, that users will not use the
system for an unlawful purpose. Access to documents through
other means, including under paragraph (6), may not be
conditioned upon acknowledging such notice.
(4) Any information made available through a website
established pursuant to section 205 of the E-Government Act of
2002 (44 U.S.C. 3501 note) shall be included in the system.
(5) 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 (44 U.S.C. 3501 note).
(6) 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 (44 U.S.C. 3501 note) shall contain a link to the system.
(7) To the extent practicable, the system shall enable
courts to automatically generate and submit, in a computer-
readable format, the reports required by sections 2519(1) and
3103a(d)(1) of title 18, United States Code.
(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 270 days 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
subsection.
(d) Use of Technology.--In carrying out the duties under subsection
(a), the Director of the Administrative Office of the United States
Courts shall use modern technology--
(1) to improve security, data accessibility, data quality,
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 enactment of this Act, unless
the Administrator of General Services certifies to Congress, by not
later than 90 days after the date of 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 date that is 3
years after the date of enactment of this Act.
(f) Funds for Establishment, Operation, and Maintenance of
Modernized Court Records System.--
(1) Short term access fees to fund establishment of
modernized court records system.--
(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, after
providing public notice and an opportunity for
public comment, a schedule of additional fees
for any person other than a government agency
that accrues such fees for access in an amount
of $25,000 or greater in any quarter. All fees
collected under the preceding sentence 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 sections 2 and 3 of the Open
Courts Act of 2021.'' before ``The Director of
the Administrative Office of the United States
Courts''; and
(ii) in subsection (b), in the second
sentence, by striking ``All'' and inserting
``Except as otherwise provided in this section,
all''.
(B) Excess fees.--Amounts deposited in the
Judiciary Information Technology Fund pursuant to the
amendments made by subparagraph (A) may only be used
for purposes of this Act.
(C) Effective date.--The amendments made by
subparagraph (A) shall take effect on the date of
enactment of this Act.
(2) Filing fees to fund operation and maintenance of
modernized court records system.--
(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:
``(a) To cover the costs of carrying out section 2 of the Open
Courts Act of 2021, the Judicial Conference may, after providing public
notice and an opportunity for public comment and only to the extent
necessary to cover such costs not otherwise provided by appropriations,
prescribe schedules of reasonable filing fees, pursuant to sections
1913, 1914, 1926, 1930, and 1932 of title 28, United States Code,
which--
``(1) shall be based on the extent of use of the system
described under such section 2 for purposes of carrying out
such section 2;
``(2) shall be based on factors to ensure that such
schedules are graduated, including the cause of action and
claim for relief, the status of the filer in the action and the
financial hardship an additional fee would place on the filer,
the amount of damages demanded, the estimated complexity of the
type of action, and the interests of justice;
``(3) may be prescribed for the filing of a counterclaim;
``(4) shall not apply in the case of a pro se litigant, a
first time litigant who is an individual, or a litigant who
certifies their financial hardship; and
``(5) shall not be a basis for denying access to the courts
of the United States.
``(b)(1) The Judicial Conference and the Director of the
Administrative Office of the United States Courts (in this section
referred to as 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 2021.
``(2) The Judicial Conference shall review a schedule of fees
prescribed under subsection (a) 3 years after the schedule becomes
effective and every 3 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, after providing public
notice and an opportunity for public comment, prescribe a new schedule
of fees pursuant to subsection (a) and submit the new schedule of fees
to Congress pursuant to this subsection.
``(c) A court, upon motion, may waive any fee imposed under
subsection (a) in the interest of justice.''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the date
specified in subsection (e).
(g) Report.--Not later than 90 days after the date of enactment of
this Act, the Director of the Administrative Office of the United
States Courts shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report on the amount of appropriations necessary to
carry out subsections (a) through (d).
SEC. 3. PUBLIC ACCESS TO ELECTRONIC FEDERAL COURT RECORDS SYSTEM
REQUIREMENT.
(a) In General.--Not later than the date specified in subsection
(c), 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 section 2
publicly accessible, free of charge, and without requiring
registration.
(b) Use of Technology.--In providing public access under subsection
(a), the Director of the Administrative Office of the United States
Courts shall, in coordination with the Administrator of General
Services, use modern technology--
(1) to improve security, data accessibility, ease of public
access, affordability, and performance; and
(2) to minimize the burden on pro se litigants.
(c) Date Specified.--The date specified in this subsection is the
date that is 2 years after the date of enactment of this Act, unless
the Administrator of General Services certifies to Congress, by not
later than 90 days after the date of 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 date that is 3
years after the date of enactment of this Act.
(d) Funding for Public Access to Modernized Electronic Court
Records System.--
(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), as amended by section
2(f)(2)(A) of this Act, is amended by adding at the end the
following:
``(d)(1) To cover the costs of ensuring the public accessibility,
free of charge, of all materials in the system described under sections
2 and 3 of the Open Courts Act of 2021 in accordance with section 3 of
such Act, the Administrative Office of the United States Courts shall
collect an annual fee from Federal agencies equal to the Public Access
to Court Electronic Records access fees paid by those agencies in 2021,
as adjusted for inflation. For any Federal agency that did not pay
Public Access to Court Electronic Records access fees in fiscal year
2021, the Administrative Office of the United States Courts may collect
fees based on a standard annual fee determined by the Judicial
Conference. 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 2021.
``(2) To cover any additional marginal costs of ensuring the public
accessibility, free of charge, of all materials in the system described
under sections 2 and 3 of the Open Courts Act of 2021 in accordance
with section 3 of such Act, the Judicial Conference may, after
providing public notice and an opportunity for public comment and only
to the extent necessary to cover such costs not otherwise provided by
appropriations, prescribe schedules of reasonable filing fees, pursuant
to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States
Code, which--
``(A) shall be based on the extent of use of the system
described under such section 2;
``(B) shall, in addition, be based on factors to ensure
that such schedules are graduated, including the cause of
action and claim for relief, the status of the filer in the
action and the financial hardship an additional fee would place
on the filer, the amount of damages demanded, the estimated
complexity of the type of action, and the interests of justice;
``(C) may be prescribed for the filing of a counterclaim;
``(D) shall not apply to a pro se litigant, a first time
litigant who is an individual, or a litigant who certifies
their financial hardship; and
``(E) shall not be a basis for denying access to the courts
of the United States.
``(3)(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 public access in accordance with section 3 of the
Open Courts Act of 2021.
``(B) The Judicial Conference shall review a schedule of fees
prescribed under this subsection 3 years after the schedule becomes
effective and every 3 years thereafter to ensure that the fees meet the
requirements of this subsection. If the fees do not meet the
requirements of this subsection, the Judicial Conference shall
prescribe a new schedule of fees pursuant to this subsection and submit
the new schedule of fees to Congress pursuant to subparagraph (A).
``(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 2021 may
be used to reimburse expenses incurred in carrying out section 2 of
that Act and not for any other purpose.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date specified in subsection (c).
SEC. 4. DIGITAL ACCESSIBILITY STANDARDS.
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 (29 U.S.C.
794d).
SEC. 5. GAO REVIEW.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and quarterly thereafter, the Comptroller General of the
United States shall notify Congress whether the Director of the
Administrative Office of United States Courts has--
(1) produced additional usable functionality of the system
described under sections 2 and 3 of this Act;
(2) held live, publicly accessible demonstrations of
software in development; and
(3) allowed the Comptroller General or a designee to attend
all sprint reviews held during the applicable period.
(b) Audit.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Comptroller General of the
United States shall--
(1) conduct an audit of the system established under this
Act, including the compliance of vendors with the quality
assessment surveillance plan, code quality, and whether the
system is meeting the needs of users; and
(2) submit to Congress a report that contains--
(A) the results of the audit; and
(B) any recommendations to improve the system
established under this Act.
SEC. 6. CYBERSECURITY REVIEW.
The Judicial Conference and the Administrative Office of the United
States Courts, as applicable, shall ensure the cybersecurity of the
system described under sections 2 and 3 of this Act, in coordination
with the relevant cybersecurity expert agencies in the executive branch
and consistent with the relevant cybersecurity standards that would
apply if the system would be operated by an agency in the executive
branch.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out sections 2 and 3 of this Act.
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.
Calendar No. 307
117th CONGRESS
2d Session
S. 2614
_______________________________________________________________________
A BILL
To provide for the modernization of electronic case management systems,
and for other purposes.
_______________________________________________________________________
March 15, 2022
Reported with an amendment