; and (ii) in subsection (b), by striking All fees hereafter and inserting Except as otherwise provided in this section, all fees hereafter . (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. (C) Effective date The amendment 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 2020, the Judicial Conference may, only to the extent necessary— (1) 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, which— (A) shall be based on the extent of the use by the person filing of the system established under such section 2 for purposes of such action; (B) 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; (C) may be prescribed for the filing of a counterclaim; and (D) shall not apply in the case of a pro se litigant or litigant who certifies their financial hardship