What Happened?

If you have ever filed a public-records request with the federal government's homeland security agency, you will soon be able to pay any fees online instead of mailing a check or money order. The U.S. Department of Homeland Security (DHS) published a final rule on Oct. 30 adding electronic payment as an option for Freedom of Information Act (FOIA) and Privacy Act request fees, according to a Legis1 review of the federal rulemaking. ​

Starting Nov. 30, requesters can pay through pay.gov or another platform DHS directs, alongside the existing options of check or money order. A December 2025 DHS rule had already let people submit FOIA and Privacy Act requests electronically, but still required fees to be paid by check or money order; the new rule closes that gap.

Why Does it Matter to Me?

DHS says the change will expand options for people who have limited access to checks or money orders, cutting out steps like obtaining a money order, writing a check, and mailing a physical payment.

People who pay electronically may get a response faster, DHS says, because there is less lag between making a payment and the agency sending its reply. The $25 threshold at which a requester is presumed willing to pay fees remains unchanged for FOIA, Privacy Act, and Judicial Redress Act (JRA) requests. DHS projects the rule will not impose any new costs on the government or the public.

Both Sides, Now

DHS issued the rule without first inviting public comment, citing two legal exemptions: one covering rules about agency procedure and organization, and a "good cause" finding that notice and comment was unnecessary because the change "will not alter the rights or interests of parties."

The source article names no opponent of the rule, and no documented incident of harm from the electronic-payment change has been identified. Three earlier DHS rulemaking actions addressed the same regulations before this rule: a 2021 proposed rule, a 2022 final rule, and the December 2025 rule on electronic submission. Congress did not authorize this specific rule change; DHS acted under its existing authority to set its own procedures.

What Happens Next?

The rule takes effect Nov. 30, 31 days after its Oct. 30 publication. Individual DHS components may direct payment through platforms other than pay.gov, since the rule allows payment "as otherwise directed by DHS and its components."

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