Senate · S 4667 · 119th Congress
Open Courts Act of 2026
Summary
This bill would replace the current PACER system with a free, modern federal court records database. Most federal courts would be included, and the public could search and download court records at no charge. High-volume commercial users and federal agencies would pay fees to fund the new system.
In Favor
PACER currently charges fees that may generate more money than it costs to run, so the public could be paying a surplus just to read court records. This bill would make federal court records free for everyone and may help journalists, researchers, and citizens track cases more easily. Open access to court records can strengthen trust in the justice system.
Against
Building and running this new system could take up to six years and may cost more than expected. If fees from agencies and large users fall short, courts could raise filing fees on lawyers and businesses. Higher filing costs could make it harder for some people to bring cases to court.
Additional Considerations
Purpose & Problem
Is the problem real and worth federal action?
The bill directs the Administrative Office of U.S. Courts to build one centralized, public system for federal court records, replacing the current PACER system. It targets limited public search access and outdated technology in federal courts.
Scope & Related Provisions
Does it stay focused, or carry unrelated add-ons?
Most provisions stay tied to building and running the new court records system. The bill also updates bankruptcy notice rules to require electronic addresses, which is a separate but related procedural change.
Who Is Affected
Who benefits, and who bears the cost?
The public, journalists, researchers, and lawyers would gain free access to federal court records. Federal agencies, high-volume commercial users, and potentially some filers would pay fees to fund the system.
Cost & Funding
Is it affordable and responsibly funded?
The bill does not appropriate a set dollar amount. It funds the system through new fees: federal agencies pay annual fees based on past PACER spending, and high-volume non-government users pay added access fees. If those fees fall short, the Judicial Conference may set graduated filing fees, with a $250,000 income cutoff for exemptions. Any unspent fund balance over $50,000,000 returns to the Treasury.
Risks & Implementation
What could go wrong in practice?
The bill sets a five-year build deadline, with one optional one-year extension. Building a centralized system across many courts in that timeframe requires coordinating many existing court systems, which the bill identifies as a core task for the Director.
For the actual bill text, see congress.gov.
AI-generated · Published 7/23/2026