119-s-5033119th Congress

Judicial FOIA Expansion Act

Sponsored By: Senator Schiff, Adam B. [D-CA]

Introduced

Summary

Extend FOIA and the Privacy Act to many federal courts. It would list specific judicial records for public release and fund an office to help courts meet the new disclosure rules.

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  • Members of the public and reporters would gain access to records like judge disciplinary files, complaints and investigations, Federal Judicial Conference calendars and minutes, completed jury-selection forms, Federal Judicial Center research, and annual reports to Congress.
  • Judges and court staff would face disclosure of complaints, investigations, and performance reports while internal deliberations of disciplinary hearings and materials tied to ongoing cases remain protected.
  • Courts would need to publish records in machine-readable form, the Attorney General would represent courts in FOIA and Privacy Act claims, and the bill would authorize $10 million for fiscal year 2027 to create an office in the Administrative Office of the U.S. Courts to implement the changes.

*Would authorize $10 million for fiscal year 2027 to implement these changes, increasing federal spending by $10 million.*

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

More public access to court records

This bill would make many federal courts subject to FOIA and the Privacy Act. It would add the Supreme Court, courts of appeals, and district courts. It would also add the Administrative Office, the Federal Judicial Center, the U.S. Sentencing Commission, federal defender organizations, and courthouse security providers. It would list records courts must disclose, like attorney disciplinary records (not deliberations), complaints or orders about judges or staff, conference calendars and minutes, Federal Judicial Center research, completed jury selection forms, judge or staff performance reports, PACER audit or update plans, and annual reports to Congress. The bill would say FOIA does not apply to matters about ongoing cases or to information courts do not possess. It would require disclosures to be machine-readable and would not displace the common-law right of public access.

Funding to create courts' FOIA office

This bill would authorize $10,000,000 for fiscal year 2027 to help courts meet the FOIA and Privacy Act requirements. The funds would support creating an office inside the Administrative Office of the U.S. Courts to implement the new rules. This is an authorization; Congress would still need to appropriate the money.

Attorney General defends courts in FOIA cases

This bill would require the Attorney General to represent a court in any FOIA or Privacy Act claim. People suing a court under these statutes would generally face the Department of Justice as the court's legal representative. This is a procedural change about who defends courts in this litigation.

Sponsors & CoSponsors

Sponsor

Schiff, Adam B. [D-CA]

CA • D

Cosponsors

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 7/20/2026

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 7/20/2026

  • Sen. Kim, Andy [D-NJ]

    NJ • D

    Sponsored 8/3/2026

Roll Call Votes

No roll call votes available for this bill.

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