Requesters, the next time you work to “reasonably describe” records in a FOIA request or visit FOIA.gov for agency FOIA data, you can thank the 1974 FOIA amendments. And agency FOIA professionals, you can thank the 1974 FOIA amendments for setting timeframes for agency action on FOIA requests and establishing the one-time 10-working-day extension for “unusual circumstances.”
The week of November 18-22, 2024 marks the 50th anniversary of the amendments, passed by Congress eight years after it passed the original law. The amendments require agencies to publish indices of agency information; established the U.S. District Court in D.C. as a universal venue for FOIA lawsuits; and gave federal judges the power to review classified documents in private to determine whether the records were properly classified.
Several organizations, including the American Society of Access Professionals (ASAP), collaborated on a 50th anniversary celebration and career fair at George Washington University Law School earlier this month. Among the topics were the importance of transparency in a democratic society and a behind-the-scenes look at the amendments’ passage featuring OGIS’s first director, Miriam Nisbet, and long-time FOIA Advisory Committee member Tom Susman. The day ended with a discussion about the future of FOIA. The event was recorded and will be posted on the ASAP YouTube channel as soon as it is available.
The legislative history of the amendment is long and winding, but in summary, as Congress worked to strengthen FOIA in 1974, negotiations between Congress and the Ford Administration stymied. Congress passed the amendments, President Ford vetoed the amendments, and Congress promptly overrode the veto. For a more complete legislative history, read this 30th anniversary blog post from the National Security Archive: Veto Battle 30 Years Ago Set Freedom of Information Norms. (Teaser: Richard Cheney, Donald Rumsfeld, and Antonin Scalia all played a role, years before they were Vice President, Secretary of Defense, and U.S. Supreme Court Justice, respectively.)
We hope you’ll join us in wishing the 1974 amendments a Happy Golden Anniversary!
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