OPM Withdraws Proposed FOIA Regulations

Regs.gov: Office of Personnel Management

Published March 24th, 2026

Detected March 25th, 2026

Summary

The Office of Personnel Management (OPM) has withdrawn its proposed rule to amend its Freedom of Information Act (FOIA) regulations, originally published on July 24, 2008. OPM cited the significant time elapsed and subsequent legal developments, including the FOIA Improvement Act of 2016, as reasons for the withdrawal. The agency plans to issue new proposed amendments in the future.

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What changed

The Office of Personnel Management (OPM) has officially withdrawn a proposed rule concerning amendments to its Freedom of Information Act (FOIA) regulations. This proposed rule was initially published on July 24, 2008 (73 FR 43153). The withdrawal is effective March 24, 2026. OPM stated that due to the considerable time that has passed since the original proposal, the modernization updates are now outdated, particularly in light of subsequent legislative changes such as the FOIA Improvement Act of 2016 and evolving case law.

This action means the 2008 proposed amendments will not be finalized. OPM intends to undertake new rulemaking in the near future to update its FOIA regulations, aiming to align with current capabilities for submitting and processing FOIA requests. Compliance officers should note that the original proposed changes are no longer relevant, and they should await future OPM proposals for updated FOIA compliance requirements. No immediate compliance actions are required based on this withdrawal.

Source document (simplified)

Content

ACTION:

Withdrawal of proposed rule.

SUMMARY:

The Office of Personnel Management (OPM) withdraws a proposed rule to amend its Freedom of Information Act (FOIA) regulations
published on July 24, 2008. Due to the time that has elapsed, OPM is withdrawing the proposal. OPM will propose amendments
to its FOIA regulations in future rulemaking.

DATES:

OPM withdraws the proposed rule, published July 24, 2008 at 73 FR 43153, as of March 24, 2026.

FOR FURTHER INFORMATION CONTACT:

Kalea Lorenzi by email at foia@opm.gov or by telephone at 202-606-3642.

SUPPLEMENTARY INFORMATION:

On July 24, 2008, OPM published a notice of proposed rulemaking (NPRM or proposed rule) titled “Freedom of Information Act
(FOIA) Regulations” in the
Federal Register
. See 73 FR 43153. The NPRM proposed to modify the Freedom of Information Act (FOIA) regulations to allow for more streamlined submission
process and to update FOIA regulations that had not been updated in many years. The modernization updates that OPM proposed
in the 2008 proposed rule are outdated due to the time that has elapsed since the publication of the NPRM, including new developments
in case law and amendments to the FOIA, especially the FOIA Improvement Act of 2016, which strengthened public access to federal
records by codifying disclosure standards, updated exemptions, and enhanced agency accountability. OPM plans to make updates
to the FOIA regulations in the near future to align with modern capabilities for submission and processing of FOIA requests.
Accordingly, the 2008 NPRM is withdrawn.

Regulatory Review

OPM has examined the impact of this rule as required by Executive Orders 12866 and 13563, which direct agencies to assess
all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches
that maximize net benefits (including potential economic, environmental, public, health, and safety effects, distributive
impacts, and equity). A regulatory impact analysis must be prepared for rules that have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or tribal governments or communities. This rule is not a
“significant regulatory action” under section 3(f) of Executive Order 12866, as supplemented by Executive Order 13563. Therefore,
this rule is not subject to Executive Order 14192.

Regulatory Flexibility Act

The Director of the Office of Personnel Management certifies that this regulation will not have a significant impact on a
substantial number of small entities because it applies only to Federal agencies and employees.

Signing Statement

The Director of OPM, Scott Kupor, reviewed and approved this document and has authorized the undersigned to electronically
sign and submit this document to the Office of the Federal Register for publication.

Office of Personnel Management.

Jerson Matias, Federal Register Liaison. [FR Doc. 2026-05679 Filed 3-23-26; 8:45 am] BILLING CODE 6325-48-P