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This rule would revise the Department’s regulations under the FOIA to incorporate certain changes made to the FOIA by the FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538. The FOIA Improvement Act of 2016 addresses a range of procedural issues, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal and that they provide dispute resolution services at various times throughout the FOIA process. The Act also codifies the Department of Justice’s foreseeable harm standard. The regulations are being updated to reflect those changes.   In addition, certain provisions in the fee section are being updated to reflect developments in the case law and to streamline the description of the factors to be considered when making fee waiver determinations.  

Overall Description of Deadline: The FOIA Improvement Act of 2016 requires agencies to review and issue updated FOIA regulations within 180 days of enactment.