[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Notices]
[Page 33164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10902]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[Docket No. FBI-160]


FBI Information Management Division, Enterprise Vetting Center 
User Fee Schedule

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

ACTION: Notice.

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

SUMMARY: This notice establishes a revised user fee for federal 
agencies requesting name-based, non-criminal justice background checks 
of the FBI's Central Records System through the Enterprise Vetting 
Center (EVC), formally known as the National Name Check Program (NNCP). 
The total resource costs associated with providing name check services 
have been calculated to ensure full reimbursement to the FBI (``cost 
reimbursement portion'' of the fee). The FBI is also authorized to 
charge an additional amount to defray costs required to update and 
improve the EVC's technological infrastructure, which supports the 
automation of processes involving name-based background checks 
(``automation portion'' of the fee). This notice explains the 
methodology used to calculate revised fees and also provides the 
updated fee schedule. In addition, and in conjunction with the revised 
fee for the name-based checks, this notice also establishes an interim 
monthly fee for Continuous Vetting (CV) checks.

DATES: This fee schedule is effective July 1st, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. Karl R. Schumann, Section Chief, 
Enterprise Vetting Center, Information Management Division, FBI, 200 
Constitution Drive, Winchester, Virginia 22602.

SUPPLEMENTARY INFORMATION:  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 EVC of the Information Management Division (IMD), 
formally known as the NNCP. The Final Rule explains the methodology 
used to calculate the fees and provides that future fee adjustments 
will be made by a notice published in the Federal Register. Pursuant to 
the authority in Public Law (Pub. L.) 101-515 and in accordance with 
the requirements of 28 CFR 20.31(e), the FBI is required to 
periodically review the amount it collects for the EVC to determine the 
current cost of processing name checks for non-criminal justice 
purposes.
    The FBI is also authorized by the Final Rule to use the same 
methodology in determining the cost and developing fees for new 
services that perform name checks for non-criminal justice purposes. 
IMD consistently applied the same methodology to establish an interim 
monthly fee for CV, which is a personnel security investigative process 
that continuously monitors FBI record holdings for information 
pertaining to individuals for which a name-based check was completed. 
The FBI's federal partners, upon enrolling their personnel in the 
service, will receive relevant updates in a more rapid manner as they 
incur a monthly charge for each enrolled employee.

Name-Based Fee

    An independent user fee study was conducted in accordance with 28 
CFR 20.31(e)(2) to determine if the current user fees published in the 
Federal Register on December 30th, 2019 (84 FR 71978) required 
adjustments due to either increases or decreases in costs since the 
user fees became effective on February 1st, 2020. The user fee analysis 
performed in 2022 determined that the cost-reimbursement portion of 
name-based checks increased by $2.25 while the automation portion 
remained consistent with the current name check user fees. The 
following table details the revised fee amounts for authorized users 
requesting name-based checks for noncriminal purposes, including the 
difference from the fee schedule currently in effect:

                                                Name-Based Checks
----------------------------------------------------------------------------------------------------------------
                                                                                   Change in fee
                             Service                                Current fee       amount        Revised fee
----------------------------------------------------------------------------------------------------------------
Name-Based Checks...............................................          $19.25           $2.25          $21.50
Automation......................................................            2.00            0.00            2.00
                                                                 -----------------------------------------------
    Total Fee...................................................           21.25            2.25           23.50
----------------------------------------------------------------------------------------------------------------

    This revised fee, of $23.50 per check, will become effective on 
July 1st, 2023.

Continuous Vetting (CV) Interim Fee

    A secondary independent user fee study was conducted in keeping 
with 28 CFR 20.31(e)(2) and utilized the best available information to 
determine the costs associated with providing CV services on a monthly 
basis for enrolled personnel. A CV pilot was performed in Fiscal Year 
2022 with an FBI federal partner to create an initial assessment for 
the costs required to provide monitoring support. Through this pilot 
assessment, IMD determined that the monthly cost-reimbursement rate was 
$0.25 per enrolled individual. The following table details the new fee 
amount for authorized users requesting CV checks for noncriminal 
purposes:

                                CV Checks
                      [Monthly subscription amount]
------------------------------------------------------------------------
                           Service                              New fee
------------------------------------------------------------------------
CV Checks....................................................      $0.25
Automation...................................................       0.00
                                                              ----------
    Total Fee................................................       0.25
------------------------------------------------------------------------

    This new fee, of $0.25 per month/per submission, will become 
effective on July 1st, 2023.

Christopher A. Wray,
Director, Federal Bureau of Investigation.
[FR Doc. 2023-10902 Filed 5-22-23; 8:45 am]
BILLING CODE 4410-02-P