[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71978-71979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28165]


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

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[Docket No. FBI-155]


Federal Bureau of Investigation; Records Management Division; 
National Name Check Program Section; Revised User Fee

AGENCY: Federal Bureau of Investigation (FBI), Justice.

ACTION: Notice.

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

SUMMARY: This notice establishes a revised user fee for federal 
agencies requesting name-based, non-criminal justice background checks 
of the Federal Bureau of Investigation's (FBI) Central Records System 
through the National Name Check Program (NNCP). The total resource 
costs associated with providing these name check services have been 
calculated to ensure full reimbursement to the FBI. The FBI is also 
authorized to charge an additional amount to defray expenses required 
to update and improve the NNCP's technological infrastructure, which 
supports the automation of processes involving name-based background 
checks. This notice explains the methodology used to calculate revised 
fees and also provides the new fee schedule. The NNCP is replacing its 
current multiple fee structure with a single user fee.

DATES: This fee schedule is effective February 1, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Antony A. Jung, Section Chief, 
National Name Check Program Section, Records Management Division, FBI, 
170 Marcel Drive, Winchester, Virginia 22602.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 7, 2010, the FBI published the Final Rule (75 FR 24796) 
setting forth the FBI Director's authority to establish and collect 
fees for providing name-based background checks conducted by the NNCP 
of the Records Management Division. The Final Rule explains the 
methodology used to calculate the fees and provides that future fee 
adjustments will be made by notice published in the Federal Register. 
In accordance with the requirements of 28 CFR 20.31(e)(3), the FBI is 
required to periodically review the amount it collects for the NNCP in 
order to determine the current cost of processing name checks for non-
criminal justice purposes.

II. Revised Fee

    In October of 2018, the FBI retained a contractor to conduct an 
independent user fee study for the NNCP. The NNCP currently charges 
different fees, depending on whether the request is submitted manually 
or electronically or if expedited processing is required. The fee 
charged for electronic submissions also varies depending on the level 
of analysis that the NNCP must perform. The current fee structure is as 
follows:

                    NNCP's Current User Fee Schedule
------------------------------------------------------------------------
                                                                Current
                           Service                                fee
------------------------------------------------------------------------
Electronic Submission:
  Batch Process Only.........................................      $2.50
  Batch + File Analysis......................................      42.00
Manual Submission............................................      66.50
Expedited Submission.........................................      66.50
------------------------------------------------------------------------

    As a result of the fee study, the contractor recommended that the 
FBI combine the current fee categories, which have been in effect since 
2010, into a single fee. This recommendation was based on three 
factors:
     Improvement in information technology capabilities: The 
NNCP's new web interface enables all customers to submit name checks 
electronically with options to adjust their priority. The technology 
advancements have resulted in the elimination of the Manual submission 
type and have so drastically reduced the number of expedited 
submissions that they no longer warrant their own fee categories.
     Lack of customer choice: Under the existing fee schedule, 
NNCP customers do not choose between an Electronic or File Analysis 
level of service and the associated fee. Rather, NNCP performs an 
electronic name-based background check on all requests. If the 
automated search algorithm identifies the presence of a record, then 
NNCP's analysts conduct file analysis and the program charges an 
additional fee. While every name check request begins with an 
Electronic Batch level of service, approximately 40% also require an 
additional File Analysis level of service, which comes with the 
additional fee. Neither the customer nor NNCP know which level of 
service will be required until after the customer has submitted the 
name check request and NNCP has completed its services. This lack of 
certainty has rendered it challenging for customers to budget for name 
check services. The new, single fee will provide customers with more 
certainty as to how much they will owe based on their estimated volume 
of name check requests each year.
     Less administrative burden: A single fee reduces the 
administrative burden associated with the billing and collections of 
multiple fee categories and simplifies the budgeting process.

Information Used To Calculate the Revised Fee

    Using Fiscal Year (FY) 2018 cost information, the FBI conducted a 
fee study to determine its cost for conducting name-based background 
checks. Once that study was complete, the FBI conducted further 
analysis to account for anticipated programmatic changes and staffing 
levels moving forward in FY 2020, as well as forecasted production 
volumes to determine future automation and enhancement costs. The FBI 
used these inputs to project total costs for name-based, non-criminal 
justice name checks for FY 2020. The single fee structure simplifies 
this calculation by dividing

[[Page 71979]]

total costs by total volume to arrive at a single fee for each name 
check request.

------------------------------------------------------------------------
                                                          FY 2020 volume
                    Product/service                          forecast
------------------------------------------------------------------------
FBI Investigative Files Check..........................       3,313,844
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                           Forecasted FY
                        Cost pool                            2020 cost
------------------------------------------------------------------------
Cost of Name-Based Checks...............................     $63,225,188
Automation and Enhancement..............................       6,414,111
                                                         ---------------
    Total...............................................     $69,639,299
------------------------------------------------------------------------

    Unit costs (cost pool divided by volume) and the corresponding fee 
rate are rounded up to the nearest $0.25 increment.

------------------------------------------------------------------------
                  Cost pool categories                       Unit rate
------------------------------------------------------------------------
Cost of Name-Based Checks...............................          $19.25
Automation and Enhancement..............................            2.00
FBI Investigative Files Check...........................           21.25
------------------------------------------------------------------------

    This revised fee, of $21.25 per check, will become effective on 
February 1, 2020.

    Dated: December 19, 2019.
Christopher A. Wray,
Director, Federal Bureau of Investigation.
[FR Doc. 2019-28165 Filed 12-27-19; 8:45 am]
BILLING CODE 4410-02-P