The administration and operation of the freedom of information act: A retrospective

Abstract

Abstract The Freedom of Information Act (FOIA) has been administered by Federal departments and agencies for almost 30 years. Aspects of that administrative experience are discussed here. Never held in high regard or enthusiastically implemented by the Executive Branch, the FOIA and its effective operation owe much to Congress, which, after creating the statute, nurtured it through diligent oversight and legislative amendment. However, the FOIA has not received comprehensive congressional examination and evaluation for a decade. Not only might its existing procedures benefit from reassessment and upgrading, but also its capacity to contend with electronic formats is in question. Furthermore, the prospect of the statute being extended to cover Congress or possibly the entire Legislative Branch grows stronger, suggesting a need to begin discussions concerning the scope of the FOIA's application to congressional or Legislative Branch records and such new arrangements as may be necessary to facilitate effective operation of the law should this application be approved.