Judicial FOIA Expansion Act
- Sponsor
- Sen. Schiff, Adam B. [D-CA]
- Committees
- Judiciary Committee (primary)
- Last action
- Jul 20, 2026
Bottom line
The bill aims to significantly increase transparency and accountability within the federal judiciary by subjecting its administrative and disciplinary records to public scrutiny under FOIA and the Privacy Act, a substantial shift from current practice.
What it actually does
This bill expands the Freedom of Information Act (FOIA) and the Privacy Act to cover certain administrative and disciplinary records of the U.S. courts, which are currently exempt. It explicitly defines the types of judicial information subject to public record requests, outlines specific exemptions, mandates machine-readability for disclosed information, and authorizes $10 million for fiscal year 2027 to establish an office within the Administrative Office of the United States Courts to manage these new requirements.
Proponents argue
Proponents argue that extending FOIA to the judiciary is essential for enhancing public trust, promoting accountability, and ensuring that the third branch of government operates with the same level of transparency expected of the executive branch. They contend it will shed light on judicial disciplinary processes, administrative operations, and resource allocation, fostering a more informed public and a more responsive judiciary.
Opponents contend
Opponents might argue that applying FOIA to the judiciary could undermine judicial independence, expose sensitive deliberative processes, or create an an undue administrative burden that diverts resources from core judicial functions. Concerns could also be raised about potential harassment of judges or personnel through frivolous requests, or the risk of compromising ongoing legal matters.
The bill is concise and can be read and understood quickly, allowing ample time for evaluation of its significant policy implications.
Section 2(a)(1)(A) and (D)
Redefining "Agency" to Include Courts for FOIA and Privacy Act
This provision amends Title 5, United States Code, specifically section 551(1)(B), to remove the exemption for "the courts of the United States" from the definition of "agency" for the purposes of the Freedom of Information Act (FOIA) and the Privacy Act. It also adds a new definition for "court of the United States" to explicitly include various judicial entities like the Supreme Court, Courts of Appeals, District Courts, Administrative Office, Federal Judicial Center, and Federal defender organizations, but explicitly excludes the Foreign Intelligence Surveillance Court.
Supporters argue
Supporters argue this is a crucial step towards ensuring that all branches of government are accountable to the public. They believe it will foster greater transparency in judicial operations, promoting public trust and confidence in the justice system by allowing citizens to understand how courts function administratively and how judicial misconduct is addressed.
Critics contend
Critics might contend that this expansion could infringe upon the separation of powers and judicial independence by subjecting the judiciary to executive branch oversight mechanisms. They may also raise concerns about the administrative burden on courts, potentially diverting resources from their primary function of adjudicating cases, and the risk of exposing sensitive internal processes.
Tradeoffs
This provision balances the principle of judicial independence with the public's right to government transparency. It seeks to increase accountability for the judiciary's administrative functions without directly interfering with judicial decision-making in ongoing cases.
Section 2(a)(2) adding new section 552c(a)(1)
Enumerated Records Subject to Public Access
This section explicitly lists eight categories of information related to the courts that will be subject to record requests under the expanded FOIA. These include records of attorney disciplinary proceedings (excluding deliberations), complaints and orders against judges or court personnel, Federal Judicial Conference meeting calendars and minutes, Federal Judicial Center research, completed jury selection forms, performance reports for judges/personnel, PACER technical audits, and annual reports to Congress.
Section 2(a)(2) adding new section 552c(a)(2)
Specific Exemptions for Judicial Records
This provision establishes two specific exemptions to the application of FOIA for judicial records, in addition to the existing exemptions under section 552(b). These new exemptions cover "any matter relating to an ongoing case" and "any information not in the possession of the courts of the United States."
Section 2(a)(2) adding new section 552c(a)(3)
Machine-Readable Information Mandate
This provision mandates that any information published or provided by a court of the United States under FOIA or the Privacy Act must be "machine-readable," as defined in section 3502 of title 44. This ensures that data is in a format that can be easily processed and analyzed by computers.
Section 2(a)(2) adding new section 552c(b)
Attorney General Representation in FOIA/Privacy Act Claims
This provision stipulates that the Attorney General shall represent a court of the United States in any claim brought under section 552 (FOIA) or section 552a (Privacy Act). This centralizes legal defense for the judiciary in transparency-related lawsuits.
Section 2(c)
Funding for Implementation and New Office
This provision authorizes an appropriation of $10,000,000 for fiscal year 2027. These funds are intended to meet the requirements of the Act, specifically including the creation of an office within the Administrative Office of the United States Courts dedicated to fulfilling the new transparency mandates.