Happy 60th Birthday FOIA!

Like America, FOIA was born on July 4th, and we at OGIS wish the statute a Happy Birthday!

The Freedom of Information Act was born on July 4, 1966, when President Lyndon B. Johnson signed it without fanfare at his ranch in Texas. The behind-the-scenes story of how he signed is documented in this history from the National Security Archive.  While the Act was signed in 1966, it did not go into effect until 1967. 

Over its six decades, FOIA has had its growing pains and endured tests in the courts. It has been used extensively by researchers, historians, journalists, and everyday Americans seeking information about the federal government and its work. In fiscal year (FY) 2025, over 1.7 million FOIA requests were received by executive branch agencies, nearly double the 863,729 requests received in FY 2018. (FOIA does not apply to the judicial or legislative branches.)

FOIA evolved from a precursor law known as the Administrative Procedure Act (APA) which was passed by Congress in 1946 and signed into law by President Harry S. Truman. The APA was a response to the extensive growth of the federal government following the establishment of the New Deal and the explosion of agencies that were created between the Depression and through World War II. Congress grew increasingly concerned that federal agencies operated with a wide range of agency policies, practices and procedures that were inconsistent and often unchecked. 

The APA’s Section 3 covered publication of government records and was eventually amended into what we know today as the Freedom of Information Act. The FOIA was initially championed by Congressman John Moss (CA), who chaired the Government Information Subcommittee, and Senator Edward Long (MO) who worked with Moss to write the final draft of the FOIA. Moss pursued the creation of FOIA for 12 years before it made it through Congress. 

Since its establishment in 1966, key amendments to FOIA have included: 

• 1974 Amendments: the 1974 amendments helped to set clear timeframes for agencies to respond to requests and forced agencies to release “segregable” portions of records. The 1974 Amendments were vetoed by President Gerald R. Ford and then overridden by Congress. 
• 1996 (e-FOIA): the 1996 amendments reflected the digital age and required agencies to ensure records were available in electronic format and that FOIA reading rooms were online. President Bill Clinton signed the e-FOIA Amendments into law on October 2, 1996.
• 2007 (OPEN Government Act): signed by President George W. Bush, the OPEN Government Act created the Office of Government Information Services (OGIS) as the FOIA Ombuds to mediate FOIA disputes, review FOIA policies, procedures, and compliance of federal agencies, and identify ways to improve compliance.
• 2016 (FOIA Improvement Act): signed by President Barack Obama, the FOIA Improvement Act of 2016 codified the “foreseeable harm” standard, meaning agencies can only withhold information if they can reasonably demonstrate that disclosure would harm an interest protected by a FOIA exemption. The 2016 amendments also created the Chief FOIA Officers Council, established a minimum of 90 days to file an administrative appeal, and required agencies to notify requesters of OGIS services.

The FOIA will no doubt continue to see changes and challenges in its next 60-years. OGIS stands ready as the FOIA Ombuds advocating for a fair FOIA process for all.