[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6761 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6761

 To direct the Judicial Conference to provide electronic public access 
         to exhibits in Federal cases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2018

Mr. Cicilline introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To direct the Judicial Conference to provide electronic public access 
         to exhibits in Federal cases, 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 ``Open Access to Courts Act of 2018''.

SEC. 2. ELECTRONIC PUBLIC ACCESS TO EXHIBITS IN FEDERAL CASES.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and except as provided in subsection (b), the Judicial 
Conference of the United States shall establish a pilot program to 
ensure that exhibits in Federal cases before 5 Federal courts selected 
by the Judicial Conference and any additional Federal court that elects 
to participate are accessible through such online portal as the 
Judicial Conference may designate for the pilot program established 
under this Act.
    (b) Exemption From Electronic Public Access.--This Act shall not 
apply to the following exhibits:
            (1) Exhibits that cannot be digitized.
            (2) Exhibits concerning matters that are exempt from 
        disclosure under section 552(b) of title 5, United States Code.
            (3) Exhibits exempt from disclosure under Rule 25(a)(5) of 
        the Federal Rules of Appellate Procedure.
            (4) Exhibits exempt from disclosure under Rule 5.2 of the 
        Federal Rules of Civil Procedure.
            (5) Exhibits exempt from disclosure under Rule 49.1 of the 
        Federal Rules of Criminal Procedure.
            (6) Exhibits exempt from disclosure under Rule 9037 of the 
        Federal Rules of Bankruptcy Procedure.
            (7) Exhibits that have been sealed by the presiding judge.
            (8) Exhibits that a presiding judge determines the public 
        disclosure of which would likely interfere with a fair trial or 
        otherwise the due administration of justice.
            (9) Exhibits that are otherwise exempt from public 
        disclosure under any other provision of Federal or State law.
    (c) Applicability of Exemption.--
            (1) In general.--The determination of the applicability of 
        subsection (b) to an exhibit shall be made by the presiding 
        judge. With respect to the applicability of the exemption 
        described in paragraph (2), (3), (4), (5), or (6) of subsection 
        (b), the presiding judge must determine that it is reasonably 
        foreseeable that the disclosure of the exhibit would harm an 
        interest protected by the relevant provision.
            (2) Redacted exhibits.--With respect to an exhibit exempted 
        from disclosure under subsection (b)(2), any reasonably 
        segregable portion of the exhibit shall be made available on 
        the online portal established under subsection (a), in 
        accordance with the procedures described at the end of section 
        552(b) of title 5, United States Code.
            (3) Descriptive notation.--With respect to an exhibit 
        exempted from disclosure under paragraph (1), (2), (3), (4), 
        (5), (6), or (9) of subsection (b), a descriptive notation of 
        the exhibit shall be made available, consistent with any 
        requirement under law regarding limitation on disclosure, on 
        the online portal established under subsection (a).

SEC. 3. RULEMAKING.

    The Judicial Conference of the United States may promulgate such 
regulations as may be necessary to implement this Act.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Digitized.--The term ``digitized'' means converted into 
        a digital form that can be processed by a computer.
            (2) Exhibit.--The term ``exhibit'' means a document, 
        record, or other tangible object introduced as evidence during 
        a trial, and that, in accordance with the Federal Rules of 
        Evidence, is identified or authenticated, and admitted into the 
        record, and does not include any portion of such document, 
        record, or tangible object that was not so admitted.
            (3) Presiding judge.--The term ``presiding judge'' means 
        the magistrate or judge presiding over the court proceeding 
        concerned. In proceedings in which more than 1 judge 
        participates, the presiding judge shall be the senior active 
        judge so participating or, in the case of a circuit court of 
        appeals, the senior active circuit judge so participating, 
        except that in en banc sittings of any United States circuit 
        court of appeals, the presiding judge shall be the chief judge 
        of the circuit whenever the chief judge participates.

SEC. 5. TERMINATION; REPORT.

    (a) Termination.--This Act and the pilot program established under 
this Act shall terminate on the date that is 4 years after the date of 
enactment of this Act.
    (b) Report.--Not later than one year after the termination of the 
pilot program established under this Act, the Federal Judicial Center 
shall submit to the Judicial Conference of the United States, Congress, 
and any other appropriate Federal agency or office, a report that 
contains the results of the pilot program, along with any 
recommendations for improving public electronic access to Federal court 
exhibits.
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