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Code · BILL · 116th Congress · S. 4988 (Introduced in Senate) — To provide for the modernization of electronic case management systems, and for other purposes. · Sec. 2

Sec. 2. Modernization of electronic court records systems

1,001 words·~5 min read·/bill/116/s/4988/is/section-2

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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. The system described under 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. The system shall make public court records automatically accessible to the public upon filing. 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. 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). 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. 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. In carrying out the duties under subsection (a), the Director shall use modern technology in order— to improve security, data accessibility, data quality, affordability, and performance; and to minimize the burden on pro se litigants. 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. 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— 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 2020. before The Director of the Administrative Office of the United States Courts ; and in subsection (b), by striking All fees hereafter and inserting Except as otherwise provided in this section, all fees hereafter . 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. The amendment made by subparagraph
(A)shall take effect on the date of enactment of this Act. 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: 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, prescribe schedules of reasonable filing fees, pursuant to sections 1913, 1914, 1926, 1930, and 1932 of title 28, United States Code, which— shall be based on the extent of use of the system described under such section 2 for purposes of such action; 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; may be prescribed for the filing of a counterclaim; shall not apply in the case of a pro se litigant or litigant who certifies their financial hardship; and shall not be a basis for denying access to the courts of the United States. 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. 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). 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. . The amendment made by subparagraph
(A)shall take effect on the date specified in subsection (e).
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  • Pub. L. 102-140
  • 105 Stat. 807
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cites case law
Sec. 2
Modernization of electronic court records systems
U.S.C.§ 1913
Pub. L.Pub. L. 102-140
Stat.105 Stat. 807
Cites 3Cited by 0 across 0 sources
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