S. 5033: Judicial FOIA Expansion Act

This bill would expand public access rules for the federal judiciary by making parts of the Freedom of Information Act (FOIA) and the Privacy Act apply to courts of the United States, which normally are not covered the same way executive branch agencies are.

What would become available through records requests

The bill says that, in addition to the usual FOIA requirements, certain judicial records would be subject to public requests. These include:

• Records of attorney discipline or sanctions, with some limits for internal deliberations in disciplinary hearings.
• 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 other personnel.
• Technical audits or update plans for PACER, the federal courts’ electronic case management and filing system.
• Annual reports to Congress, including reports from committees and subcommittees.

What would remain exempt

The bill would not open everything. It would continue to exclude:

• Matters relating to an ongoing case.
• Information that is not actually in the courts’ possession.
• The Foreign Intelligence Surveillance Court, which is specifically excluded from the definition used in the bill.

Other rules in the bill

Any information released by the courts under these rules would have to be provided in a machine-readable format, meaning it should be easier to search, process, and reuse electronically.

The bill also says the Attorney General would represent a court of the United States in any claim brought under FOIA or the Privacy Act.

It further states that nothing in the bill should be read to take away the common-law right of public access to judicial records, meaning existing public access rights would still remain in place.

Funding

The bill authorizes $10 million for fiscal year 2027 to carry out the new requirements, including creating an office within the Administrative Office of the United States Courts to handle them.

Relevant Companies

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