Electronic Payments for FOIA Requests

Issuing agencies

Abstract

The Department of Homeland Security (DHS or Department) is updating its regulations related to the payment of fees arising from Freedom of Information Act (FOIA) and Privacy Act of 1974 requests to add the option for requesters to submit electronic payments via the Department's FOIA processing system, which can be made using pay.gov, or as otherwise directed by DHS and its components.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 209 (Friday, October 30, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 209 (Friday, October 30, 2026)]
[Rules and Regulations]
[Pages 68447-68448]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22165]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 91, No. 209 / Friday, October 30, 2026 / 
Rules and Regulations

[[Page 68447]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2021-0020]
RIN 1601-AB21


Electronic Payments for FOIA Requests

AGENCY: Office of the Secretary, Department of Homeland Security.

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Department of Homeland Security (DHS or Department) is 
updating its regulations related to the payment of fees arising from 
Freedom of Information Act (FOIA) and Privacy Act of 1974 requests to 
add the option for requesters to submit electronic payments via the 
Department's FOIA processing system, which can be made using <a href="http://pay.gov">pay.gov</a>, 
or as otherwise directed by DHS and its components.

DATES: This final rule is effective November 30, 2026.

FOR FURTHER INFORMATION CONTACT: Roman Jankowski, Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#4e1e3c27382f2d370e263f602a263d60292138"><span class="__cf_email__" data-cfemail="ca9ab8a3bcaba9b38aa2bbe4aea2b9e4ada5bc">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Secretary of Homeland Security has authority under 5 U.S.C. 301 
and 552, and 6 U.S.C. 112(e) to issue Freedom of Information Act and 
Privacy Act regulations. That authority has been delegated to the Chief 
Privacy Officer of the Department pursuant to 6 U.S.C. 142 and DHS Del. 
No. 13001, Rev. 01 (. (June 2, 2020). Most recently, DHS updated its 
procedures for submitting requests under the Freedom of Information Act 
and Privacy Act, 5 U.S.C. 552a, and under the Judicial Redress Act of 
2015 (JRA) (5 U.S.C. 552a note), at 6 CFR part 5, subparts A and B, on 
December 23, 2025 (90 FR 59945).

II. Discussion of Changes

    This rule updates Title 6, part 5, paragraphs 5.11(a) and 5.21(d), 
which describe how FOIA and Privacy Act/JRA fees are assessed and how 
to submit payment. The current rule generally requires requesters to 
pay for their FOIA and Privacy Act/JRA requests using a check or money 
order made payable to the Treasury of the United States. In addition to 
check and money orders (when permitted), DHS and its components are now 
adding electronic payment as a permissible payment type for FOIA and 
Privacy Act/JRA requests. Electronic payments can be made via <a href="http://pay.gov">pay.gov</a>, 
or any other electronic payment platform selected by DHS and its 
components. By adding electronic payments, DHS and its components will 
increase options for requesters, who may have limited access to checks 
or money orders. Further, the inclusion of electronic payments will 
remove steps for requesters, like the need to obtain money orders or 
write checks and mail physical payments, and increase processing 
efficiency for the Department and its components.

III. Regulatory History

    DHS did not publish a notice of proposed rulemaking for this rule. 
Under 5 U.S.C. 553(b)(A), this final rule is exempt from notice and 
public comment rulemaking requirements because the change involves 
rules of agency organization, procedure, or practice. In addition, 
under 5 U.S.C. 553(b)(B), an agency may bypass notice and comment 
requirements if it finds, for good cause, that notice and comment is 
impracticable, unnecessary, or contrary to the public interest. DHS 
finds that notice and comment is unnecessary here because adding a 
payment type to the existing list of payment types to pay for a FOIA or 
Privacy Act/JRA request is an agency procedural update that will not 
alter the rights or interests of parties, but will improve the 
efficient operations of the agency by reducing the need to receive and 
process physical checks and money orders. DHS also believes that adding 
this option, which is widely used by the public in other contexts, will 
increase convenience for the public without removing any currently 
available option. Specifically, electronic payments may be preferable 
to checks and money orders to many potential requesters because they 
eliminate the need to mail the payment and allow for better tracking of 
payments. DHS is retaining the option for requesters to pay by check or 
money order.

III. Regulatory Analyses

A. Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review), and 14192 (Unleashing 
Prosperity Through Deregulation)

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 14192 establishes 
a policy that the executive branch be ``prudent and financially 
responsible in the expenditure of funds, from both public and private 
sources, and [ ] alleviate unnecessary regulatory burdens placed on the 
American people.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed this rule. 
This rule is also not subject to Executive Order 14192 because the rule 
is not significant under Executive Order 12866 and because it is 
related to agency organization, management, or personnel. See OMB 
Memorandum M-25-20, ``Guidance Implementing Section 3 of Executive 
Order 14192, titled `Unleashing Prosperity Through Deregulation'' (Mar. 
26, 2025).
    DHS has considered the costs and benefits of this rule. This rule 
will not impose any new costs on the government or the public. The 
rule's benefits include potentially increased efficiency in processing 
payments for FOIA and Privacy Act/JRA requests. Specifically, DHS 
expects that many requesters will choose the electronic payment option 
over check or money order, thus reducing the number of physical 
payments the Department will need to receive and process, and freeing 
personnel to work on other matters.

[[Page 68448]]

Requesters will have more flexibility in paying FOIA and Privacy Act/
JRA request fees, and those who pay electronically may also experience 
a shorter lag time between making a payment and DHS sending a response.
Unfunded Mandates Reform Act of 1995
    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no written statement was 
deemed necessary under the provisions of the Unfunded Mandates Reform 
Act of 1995.
Regulatory Flexibility Act
    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, and 
section 213(a) of the Small Business Regulatory Enforcement Fairness 
Act of 1996, 5 U.S.C. 601 note, agencies must consider the impact of 
their rulemakings on ``small entities'' (small businesses, small 
organizations, and local governments). The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000. 
DHS has reviewed this regulation and by approving it certifies that 
this regulation will not have a significant economic impact on a 
substantial number of small entities. DHS does not believe this rule 
imposes any additional direct costs on small entities.
Small Business Regulatory Enforcement Fairness Act of 1996
    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (as 
amended), 5 U.S.C. 804(2). The Office of Management and Budget's Office 
of Information and Regulatory Affairs has not found that this rule is 
likely to result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.
National Environmental Policy Act
    DHS reviews regulatory actions to determine whether the National 
Environmental Policy Act (NEPA) applies to them and, if so, what degree 
of analysis is required. DHS Directive 023-01 Rev. 01 (Directive) and 
Instruction Manual 023-01-001-01 Rev. 01 (Instruction Manual) establish 
the procedures that DHS and its Components use to comply with NEPA.
    NEPA allows Federal agencies to establish, in their NEPA 
implementing procedures, categories of actions (``categorical 
exclusions'') that experience has shown do not, individually or 
cumulatively, have a significant effect on the human environment and, 
therefore, do not require an environmental assessment or environmental 
impact statement. The Instruction Manual, Appendix A, lists the DHS 
categorical exclusions.
    Under DHS NEPA implementing procedures, for an action to be 
categorically excluded, it must satisfy each of the following three 
conditions: (1) the entire action clearly fits within one or more of 
the categorical exclusions; (2) the action is not a piece of a larger 
action; and (3) no extraordinary circumstances exist that create the 
potential for a significant environmental effect.
    This rule is strictly procedural and is limited to updating the 
method by which requesters pay the fee associated with FOIA requests. 
DHS has reviewed this rule and finds that it clearly fits within 
categorical exclusion A3(a) as an administrative or procedural rule 
that will have no significant effect on the environment, is not part of 
a larger Federal action, and does not present extraordinary 
circumstances that create the potential for significant environmental 
impacts. Therefore, the rule is categorically excluded from further 
NEPA review.

List of Subjects in 6 CFR Part 5

    Classified Information, Courts, Freedom of information, Government 
employees, Privacy.

    For the reasons stated in the preamble, DHS amends Chapter I part 5 
of Title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 continues to read as follows:

    Authority:  6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 5 U.S.C. 301; 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June 
2, 2020).
    Subpart A also issued under 5 U.S.C. 552.
    Subpart B also issued under 5 U.S.C. 552a and 552 note.


0
2. Amend Sec.  5.11 by revising paragraph (a) to read as follows:


Sec.  5.11  Fees.

    (a) In general. Components shall charge for processing requests 
under the FOIA in accordance with the provisions of this section and 
with the OMB Guidelines. Components will ordinarily use the most 
efficient and least expensive method for processing requested records. 
In order to resolve any fee issues that arise under this section, a 
component may contact a requester for additional information. A 
component ordinarily will collect all applicable fees before sending 
copies of records to a requester. If you make a FOIA request, it shall 
be considered a firm commitment to pay all applicable fees charged 
under Sec.  5.11, up to $25.00, unless you seek a waiver of fees. 
Requesters must pay fees by check or money order made payable to the 
Treasury of the United States, or by electronic payment through 
<a href="http://pay.gov">pay.gov</a>, or as otherwise directed by DHS and its components.
* * * * *

0
2. Amend Sec.  5.21 by revising paragraph (d) to read as follows:


Sec.  5.21   Requests for Access to Records.

* * * * *
    (d) Agreement to pay fees. DHS and components shall charge for 
processing requests under the Privacy Act or JRA. DHS and components 
will ordinarily use the most efficient and least expensive method for 
processing requested records. DHS may contact a requester for 
additional information in order to resolve any fee issues that arise 
under this section. DHS ordinarily will collect all applicable fees 
before sending copies of records to a requester. If one makes a Privacy 
Act or JRA request for access to records, it will be considered a firm 
commitment to pay all applicable fees charged under Sec.  5.29, up to 
$25.00. The component responsible for responding to a request 
ordinarily will confirm this agreement in an acknowledgement letter. 
When making a request, an individual may specify a willingness to pay a 
greater or lesser amount. Requesters must pay fees by check or money 
order made payable to the Treasury of the United States, or by 
electronic payment through <a href="http://pay.gov">pay.gov</a>, or as otherwise directed by DHS and 
its components.
* * * * *

Roman Jankowski,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2026-22165 Filed 10-29-26; 8:45 am]
BILLING CODE 9110-9L-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>