Open Courts Act of 2026
- Bill Number
- S. 4667
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Law
- Status
- Introduced
- Latest Action
- 2026-06-02: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2026-06-23T01:57:34Z
AI-Generated Summary
Purpose The Open Courts Act of 2026 aims to modernize and consolidate electronic case management systems for federal courts by creating a centralized public records system that improves accessibility, searchability, and transparency of court documents.
Key Provisions
- Consolidation of Records: Requires the Director of the Administrative Office of the United States Courts to develop a centralized system (with a separate public interface) that includes dockets, filed documents, orders, opinions, audio recordings, and other identified records from covered federal courts. Excludes the Supreme Court, certain immigration courts, and Foreign Intelligence Surveillance Act courts.
- System Requirements: Mandates features such as search and bulk access functions, automatic public availability upon filing (or after unsealing), permanent URLs, machine-readable neutral citations, automatic notifications, and compliance with security standards. Links to existing E-Government Act information are required.
- Development Standards: Emphasizes user-centered design, modern software practices, open-source architecture, and data standards for machine-readable, searchable formats.
- Funding Mechanism: Establishes short-term additional fees for high-volume users (over $25,000 per quarter) to fund development, followed by long-term annual fees from federal agencies and potential graduated filing fees (with exemptions for low-income filers and waivers). Excess funds above $50 million transfer to the Treasury. Access to the new system is free.
- Additional Requirements: Ensures digital accessibility, mobile-friendly design, cybersecurity protections (with possible waivers), and GAO oversight through quarterly notifications and biennial audits. Updates the E-Government Act to extend availability of closed case records and amends bankruptcy notice provisions for electronic delivery.
Significant Changes to Existing Law
- Amends Section 303 of the Judiciary Appropriations Act of 1992 to revise fee collection and allocation rules for the new system.
- Updates Section 205(b) of the E-Government Act of 2002 to require electronic files and docket information for closed cases to remain available for at least 15 years (or until transfer to the National Archives) and to keep written opinions online.
- Modifies Section 342 of title 11, United States Code, to allow electronic addresses and notices in bankruptcy proceedings.
- Introduces a new centralized system that replaces reliance on the existing Public Access to Court Electronic Records service for covered records.
Potential Impacts
- Government Agencies: Increases responsibilities for the Administrative Office of the United States Courts in system development and maintenance; requires federal agencies to pay annual fees; allows the General Services Administration to provide reimbursable support.
- Citizens: Provides free, enhanced public access to court records with improved search tools, reducing barriers for pro se litigants and the public while maintaining options for sealed or restricted information.
- International Relations: No direct provisions or impacts identified in the legislation.
Main Stakeholders Affected
- Federal courts and the Administrative Office of the United States Courts.
- Public users, attorneys, pro se litigants, media, and academic researchers.
- Federal agencies (as fee payers).
- The Government Accountability Office (for oversight).
- The General Services Administration (for optional support services).
Notable Legal, Constitutional, or Political Implications
- Strengthens public access to judicial records without altering rules on sealed information or prisoner filing procedures.
- Includes a rule of construction preserving existing rights under 28 U.S.C. § 1915 and prohibiting denial of court access based on fees.
- Requires compliance with executive branch cybersecurity and accessibility standards where feasible, with mechanisms for waivers to protect judicial independence.
- Establishes ongoing congressional reporting on fees and system performance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2026-06-02: Read twice and referred to the Committee on the Judiciary.
- 2026-06-02: Introduced in Senate
Bill Versions
- Open Courts Act of 2026 — issued 2026-06-02 — PDF (20 pages)