[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6017 Introduced in House (IH)]

<DOC>






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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