2026-22165: Electronic Payments for FOIA Requests

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 pay.gov, 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 pay.gov, 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