Why It Matters
People who submit Freedom of Information Act (FOIA) or Privacy Act requests to the Department of Homeland Security can pay fees electronically through pay.gov or other department-directed platforms starting Nov. 30, ending the requirement to pay by check or money order only.
A December 2025 DHS rule updated procedures for submitting FOIA, Privacy Act, and Judicial Redress Act requests electronically but still limited payment to checks or money orders. The new rule closes that gap. DHS issued it without notice and comment, citing the procedural-rule exemption and a good-cause finding that the change "will not alter the rights or interests of parties."
The Big Picture
DHS says the change will "increase options for requesters, who may have limited access to checks or money orders," and 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." DHS also says requesters who pay electronically "may also experience a shorter lag time between making a payment and DHS sending a response."
DHS projects the rule "will not impose any new costs on the government or the public," and the agency did not quantify a dollar figure for benefits beyond noting "potentially increased efficiency in processing payments."
Three prior DHS rulemaking actions addressed 6 CFR Part 5, a 2021 proposed rule, a 2022 final rule updating and streamlining several provisions, and the December 2025 final rule addressing electronic submission of requests, but did not establish electronic payment as an option for the fees covered by this rule.
What Changes in the Regulation
The rule amends two sections. Under revised 6 C.F.R. § 5.11, FOIA requesters "must pay fees by check or money order made payable to the Treasury of the United States, or by electronic payment through pay.gov, or as otherwise directed by DHS and its components." The same payment language is added to 6 C.F.R. § 5.21 for Privacy Act and Judicial Redress Act (JRA) requests.
Under the existing 6 C.F.R. § 5.21(d), requesters must pay fees by check or money order made payable to the Treasury of the United States. The new text adds electronic payment through pay.gov, or by another method directed by DHS and its components, as options alongside checks and money orders.
Checks and money orders remain accepted; no existing payment method is removed. The $25 firm-commitment-to-pay threshold, the amount a requester is presumed willing to pay upon submitting a FOIA request unless a fee waiver is sought, remains unchanged. The corresponding $25 commitment for Privacy Act and JRA requests also remains, although those requesters may specify a willingness to pay a greater or lesser amount.
DHS components may direct payment through platforms other than pay.gov. The revised text allows payment "as otherwise directed by DHS and its components," rather than exclusively through pay.gov.
No Public Comment Period
DHS did not publish a notice of proposed rulemaking before issuing the final rule. The agency cited two exemptions: the procedural-rule exemption under 5 U.S.C. 553(b)(A), which covers rules of agency organization, procedure, or practice, and the good-cause exemption under 5 U.S.C. 553(b)(B), finding that notice and comment was "unnecessary" because the change is "an agency procedural update that will not alter the rights or interests of parties."
The Bottom Line
The rule takes effect Nov. 30. It was published Oct. 30 at 91 FR 68447 under Docket No. DHS-2021-0020, and no public comment period is open for this final rule.
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