H.R. 9778: Judicial FOIA Expansion Act

This bill would expand public access laws to cover many parts of the federal judiciary. In practical terms, it would make certain judicial records subject to requests under the Freedom of Information Act (FOIA) and the Privacy Act, which currently do not generally apply to the courts.

What would become available through records requests

The bill says that, in addition to normal FOIA rules, people could request several categories of records from the federal courts and related judicial entities, including:

• Records of attorney disciplinary proceedings or sanctions, except for materials tied to deliberations in those proceedings
• Complaints, investigations, and orders involving judges or other court personnel
• Meeting calendars, minutes, and committee membership lists for the Federal Judicial Conference
• Research and educational materials produced by the Federal Judicial Center
• Completed jury selection forms
• Performance reports for judges or court staff
• Technical audits or update plans for PACER, the federal court records system
• Annual reports submitted to Congress, including reports to committees and subcommittees

What would still be excluded

The bill would not open everything. It would keep certain categories outside FOIA’s reach, including:

• Matters related to ongoing cases
• Information not actually in the possession of the courts
• The Foreign Intelligence Surveillance Court, which is specifically excluded from the definition of “court of the United States” for these purposes

Other requirements

Any information released under these rules would have to be provided in a machine-readable format, meaning it should be usable by computers and searchable in a structured way.

The bill also says the Attorney General would represent a court if someone brings a claim under FOIA or the Privacy Act.

Additional provisions

The bill states that nothing in it should be read to replace the existing common-law right of public access to judicial records. It also authorizes $10 million for fiscal year 2027 to help carry out the law, including creating an office within the Administrative Office of the U.S. Courts to handle these responsibilities.

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