83_FR_48520 83 FR 48335 - FBI Criminal Justice Information Services Division; User Fee Schedule

83 FR 48335 - FBI Criminal Justice Information Services Division; User Fee Schedule

DEPARTMENT OF JUSTICE
Federal Bureau of Investigation

Federal Register Volume 83, Issue 185 (September 24, 2018)

Page Range48335-48336
FR Document2018-20644

The FBI is authorized to establish and collect fees for providing fingerprint-based and name-based Criminal History Record Information (CHRI) checks submitted by authorized users for noncriminal justice purposes including employment and licensing. A portion of the fee is intended to reimburse the FBI for the cost of providing fingerprint-based and name-based CHRI checks (``cost reimbursement portion'' of the fee). The FBI is also authorized to charge an additional amount to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs (``automation portion'' of the fee). The notice explains the methodology used to calculate revised fees and provides the revised fee schedule.

Federal Register, Volume 83 Issue 185 (Monday, September 24, 2018)
[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Notices]
[Pages 48335-48336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20644]


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

DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

[Docket No. FBI]


FBI Criminal Justice Information Services Division; User Fee 
Schedule

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

ACTION: Notice.

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

SUMMARY: The FBI is authorized to establish and collect fees for 
providing fingerprint-based and name-based Criminal History Record 
Information (CHRI) checks submitted by authorized users for noncriminal 
justice purposes including employment and licensing. A portion of the 
fee is intended to reimburse the FBI for the cost of providing 
fingerprint-based and name-based CHRI checks (``cost reimbursement 
portion'' of the fee). The FBI is also authorized to charge an 
additional amount to defray expenses for the automation of fingerprint 
identification and criminal justice information services and associated 
costs (``automation portion'' of the fee). The notice explains the 
methodology used to calculate revised fees and provides the revised fee 
schedule.

APPLICABLE DATE: This revised fee schedule is effective January 1, 
2019.

FOR FURTHER INFORMATION CONTACT: Mr. John A. Traxler, Section Chief, 
Resources Management Section, Criminal Justice Information Services 
(CJIS) Division, FBI, 1000 Custer Hollow Road, Module D-3, Clarksburg, 
WV 26306. Telephone number 304-625-3700.

SUPPLEMENTAL INFORMATION: Pursuant to the authority in Public Law 101-
515, as amended, the FBI has established user fees for authorized 
agencies requesting noncriminal justice fingerprint-based and name-
based CHRI checks. In accordance with the requirements of Title 28, 
Code of Federal Regulations (CFR), Section 20.31(e), the FBI 
periodically reviews the process of providing fingerprint-based and 
name-based CHRI checks to determine the proper fee amounts which should 
be collected, and the FBI publishes any resulting fee adjustments in 
the Federal Register.
    A fee study was conducted in keeping with 28 CFR 20.31(e)(2). The 
fee study results recommend an increase in the fingerprint-based CHRI 
checks from the current user fees published in the Federal Register on 
July 14, 2016, which have been in effect since October 1, 2016. The FBI 
reviewed the results of the independently conducted User Fee Study, 
compared the recommendations to the current fee schedule, and 
determined the revised fee recommendation amounts for the cost 
reimbursement portion of the fee were reasonable and in consonance with 
the underlying legal authorities.
    For the automation portion of the FBI CJIS user fee rate, the 
current methodology has been in place since 2008. This method used the 
depreciation value of select capital information technology assets as 
the basis for the calculation. Given the considerable transformation in 
the business and operational environments within the FBI CJIS Division, 
to include changes in technology and workload, the FBI conducted an 
extensive business review of the automation portion of the FBI CJIS 
user fee rate. As a result of the review, an updated methodology for 
the calculation of the automation portion of the FBI CJIS user fee rate 
has been adopted.
    The FBI is implementing a flat rate methodology for the automation 
portion of the FBI CJIS user fee rate. The initial flat rate is based 
on historical automation fund usage divided by historical volume for 
the same time period. The resulting per unit cost is rounded to the 
nearest whole dollar to arrive at a flat rate. Each time the FBI 
conducts a user fee study under 28 CFR 20.31 (e)(2), the amount of the 
flat rate will be re-evaluated to determine if an adjustment is 
warranted. In making this determination, consideration will be given to 
the following factors: Program fluctuations, available funding levels, 
and/or changes in legal authority. This methodology achieves the FBI's 
overarching objectives for program solvency, rate stability, and 
predictable revenue with regard to the automation portion of the fee.
    Pursuant to the recommendations of the study and the revised 
automation methodology, the fees for fingerprint-based CHRI checks will 
be increased and the fee for name-based CHRI checks will remain the 
same for federal agencies specifically authorized by statute, e.g., 
pursuant to the Security Clearance Information Act, Title 5, United 
States Code, Section 9101.
    The following tables detail the new fee amounts for authorized 
users requesting fingerprint-based and name-based CHRI checks for 
noncriminal justice purposes, including the difference from the fee 
schedule currently in effect.

                                          Fingerprint-Based CHRI Checks
----------------------------------------------------------------------------------------------------------------
                                                   Fee currently
             Service               Fee currently   in effect for  Change in  fee    Revised fee     Revised fee
                                     in effect       CBSPs \1\        amount                         for CBSPs
----------------------------------------------------------------------------------------------------------------
Fingerprint-based Submission....          $12.00          $10.00           $1.25          $13.25      \2\ $11.25
Fingerprint-based Volunteer                10.75            8.75             .50           11.25        \4\ 9.25
 Submission (See e.g., 75 FR
 18752) \3\.....................
----------------------------------------------------------------------------------------------------------------
\1\ Centralized Billing Service Providers, see 75 FR 18753.
\2\ Cost Recovery = $5.25; Automation = $6.
\3\ Volunteers providing care for children, the elderly, or individuals with disabilities.
\4\ Cost Recovery = $5.25; Automation = $4.


[[Page 48336]]


                                             Name-Based CHRI Checks
----------------------------------------------------------------------------------------------------------------
                                                                   Fee currently  Change in  fee    Revised fee
                             Service                                 in effect        amount        (no change)
----------------------------------------------------------------------------------------------------------------
Name-based Submission...........................................           $2.00            $.00           $2.00
----------------------------------------------------------------------------------------------------------------


    Dated: September 14, 2018.
Christopher A. Wray,
Director.
[FR Doc. 2018-20644 Filed 9-21-18; 8:45 am]
 BILLING CODE 4410-02-P



                                                                                   Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices                                                                                           48335

                                                                                                                      Controlled substance                                                                                         Drug code       Schedule

                                              Tapentadol .......................................................................................................................................................................            9780   II



                                                The company plans to manufacture                                         Resources Management Section,                                               changes in technology and workload,
                                              the above-listed controlled substances                                     Criminal Justice Information Services                                       the FBI conducted an extensive business
                                              in bulk for distribution to its customers.                                 (CJIS) Division, FBI, 1000 Custer Hollow                                    review of the automation portion of the
                                                Dated: September 14, 2018.                                               Road, Module D–3, Clarksburg, WV                                            FBI CJIS user fee rate. As a result of the
                                              John J. Martin,
                                                                                                                         26306. Telephone number 304–625–                                            review, an updated methodology for the
                                                                                                                         3700.                                                                       calculation of the automation portion of
                                              Assistant Administrator.
                                                                                                                         SUPPLEMENTAL INFORMATION: Pursuant to                                       the FBI CJIS user fee rate has been
                                              [FR Doc. 2018–20702 Filed 9–21–18; 8:45 am]
                                                                                                                         the authority in Public Law 101–515, as                                     adopted.
                                              BILLING CODE 4410–09–P
                                                                                                                         amended, the FBI has established user                                          The FBI is implementing a flat rate
                                                                                                                         fees for authorized agencies requesting                                     methodology for the automation portion
                                                                                                                         noncriminal justice fingerprint-based                                       of the FBI CJIS user fee rate. The initial
                                              DEPARTMENT OF JUSTICE
                                                                                                                         and name-based CHRI checks. In                                              flat rate is based on historical
                                              Federal Bureau of Investigation                                            accordance with the requirements of                                         automation fund usage divided by
                                                                                                                         Title 28, Code of Federal Regulations                                       historical volume for the same time
                                              [Docket No. FBI]                                                           (CFR), Section 20.31(e), the FBI                                            period. The resulting per unit cost is
                                                                                                                         periodically reviews the process of                                         rounded to the nearest whole dollar to
                                              FBI Criminal Justice Information                                           providing fingerprint-based and name-                                       arrive at a flat rate. Each time the FBI
                                              Services Division; User Fee Schedule                                       based CHRI checks to determine the                                          conducts a user fee study under 28 CFR
                                              AGENCY:   Federal Bureau of Investigation                                  proper fee amounts which should be                                          20.31 (e)(2), the amount of the flat rate
                                              (FBI), Justice.                                                            collected, and the FBI publishes any                                        will be re-evaluated to determine if an
                                                                                                                         resulting fee adjustments in the Federal                                    adjustment is warranted. In making this
                                              ACTION: Notice.
                                                                                                                         Register.                                                                   determination, consideration will be
                                              SUMMARY:    The FBI is authorized to                                          A fee study was conducted in keeping                                     given to the following factors: Program
                                              establish and collect fees for providing                                   with 28 CFR 20.31(e)(2). The fee study                                      fluctuations, available funding levels,
                                              fingerprint-based and name-based                                           results recommend an increase in the                                        and/or changes in legal authority. This
                                              Criminal History Record Information                                        fingerprint-based CHRI checks from the                                      methodology achieves the FBI’s
                                              (CHRI) checks submitted by authorized                                      current user fees published in the                                          overarching objectives for program
                                              users for noncriminal justice purposes                                     Federal Register on July 14, 2016,                                          solvency, rate stability, and predictable
                                              including employment and licensing. A                                      which have been in effect since October                                     revenue with regard to the automation
                                              portion of the fee is intended to                                          1, 2016. The FBI reviewed the results of                                    portion of the fee.
                                                                                                                         the independently conducted User Fee
                                              reimburse the FBI for the cost of                                                                                                                         Pursuant to the recommendations of
                                                                                                                         Study, compared the recommendations
                                              providing fingerprint-based and name-                                                                                                                  the study and the revised automation
                                                                                                                         to the current fee schedule, and
                                              based CHRI checks (‘‘cost                                                                                                                              methodology, the fees for fingerprint-
                                                                                                                         determined the revised fee
                                              reimbursement portion’’ of the fee). The                                                                                                               based CHRI checks will be increased
                                                                                                                         recommendation amounts for the cost
                                              FBI is also authorized to charge an                                                                                                                    and the fee for name-based CHRI checks
                                                                                                                         reimbursement portion of the fee were
                                              additional amount to defray expenses                                                                                                                   will remain the same for federal
                                                                                                                         reasonable and in consonance with the
                                              for the automation of fingerprint                                                                                                                      agencies specifically authorized by
                                                                                                                         underlying legal authorities.
                                              identification and criminal justice                                           For the automation portion of the FBI                                    statute, e.g., pursuant to the Security
                                              information services and associated                                        CJIS user fee rate, the current                                             Clearance Information Act, Title 5,
                                              costs (‘‘automation portion’’ of the fee).                                 methodology has been in place since                                         United States Code, Section 9101.
                                              The notice explains the methodology                                        2008. This method used the                                                     The following tables detail the new
                                              used to calculate revised fees and                                         depreciation value of select capital                                        fee amounts for authorized users
                                              provides the revised fee schedule.                                         information technology assets as the                                        requesting fingerprint-based and name-
                                              APPLICABLE DATE: This revised fee                                          basis for the calculation. Given the                                        based CHRI checks for noncriminal
                                              schedule is effective January 1, 2019.                                     considerable transformation in the                                          justice purposes, including the
                                              FOR FURTHER INFORMATION CONTACT: Mr.                                       business and operational environments                                       difference from the fee schedule
                                              John A. Traxler, Section Chief,                                            within the FBI CJIS Division, to include                                    currently in effect.

                                                                                                                             FINGERPRINT-BASED CHRI CHECKS
                                                                                                                                                                        Fee currently
                                                                                                                                             Fee currently                                           Change in                                 Revised fee
                                                                                     Service                                                                             in effect for                                        Revised fee
                                                                                                                                               in effect                                            fee amount                                 for CBSPs
                                                                                                                                                                           CBSPs 1

                                              Fingerprint-based Submission .............................................                                $12.00                     $10.00                      $1.25                $13.25              2 $11.25

                                              Fingerprint-based Volunteer Submission (See e.g., 75 FR
amozie on DSK3GDR082PROD with NOTICES1




                                                18752) 3 ............................................................................                     10.75                        8.75                        .50               11.25                4 9.25


                                                 1 CentralizedBilling Service Providers, see 75 FR 18753.
                                                 2 Cost Recovery = $5.25; Automation = $6.
                                                 3 Volunteers providing care for children, the elderly, or individuals with disabilities.
                                                 4 Cost Recovery = $5.25; Automation = $4.




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                                              48336                            Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Notices

                                                                                                                            NAME-BASED CHRI CHECKS
                                                                                                                                                                                    Fee currently      Change in     Revised fee
                                                                                                          Service                                                                     in effect       fee amount     (no change)

                                              Name-based Submission .............................................................................................................           $2.00            $.00            $2.00



                                                Dated: September 14, 2018.                                         countries under section 607 of the Act                            1. Policy Performance
                                              Christopher A. Wray,                                                 (22 U.S.C. 7706).                                                    Because of the importance of needing
                                              Director.                                                               This document explains how the                                 to evaluate a country’s policy
                                              [FR Doc. 2018–20644 Filed 9–21–18; 8:45 am]                          Board of Directors (Board) of the                                 performance and needing to do so in a
                                              BILLING CODE 4410–02–P                                               Millennium Challenge Corporation                                  comparable, cross-country way, the
                                                                                                                   (MCC) will identify, evaluate, and select                         Board relies to the maximum extent
                                                                                                                   eligible countries for fiscal year (FY)                           possible upon the best-available
                                              MILLENNIUM CHALLENGE                                                 2019. The statutory basis for this report                         objective and quantifiable indicators of
                                              CORPORATION                                                          is set forth in Appendix A. Specifically,                         policy performance. These indicators
                                                                                                                   this document discusses the following:                            act as proxies of the country’s
                                              [MCC FR 18–12]                                                       I. Which countries MCC will evaluate                              commitment to just and democratic
                                                                                                                   II. How the Board evaluates these countries                       governance, economic freedom, and
                                              Report on the Criteria and                                              A. Overall                                                     investing in its people, as laid out in
                                              Methodology for Determining the                                         B. For selection of an eligible country for                    MCC’s founding legislation. Comprised
                                              Eligibility of Candidate Countries for                                    a first compact                                              of 20 third-party indicators in the
                                              Millennium Challenge Account                                            C. For selection of an eligible country for                    categories of ‘‘encouraging economic
                                              Assistance for Fiscal Year 2019                                           a second or subsequent compact                               freedom,’’ ‘‘investing in people,’’ and
                                                                                                                      D. For selection of an eligible country for                    ‘‘ruling justly,’’ MCC ‘‘scorecards’’ are
                                              AGENCY: Millennium Challenge                                              a concurrent compact
                                              Corporation.                                                            E. For threshold program assistance
                                                                                                                                                                                     created for all candidate countries and
                                                                                                                      F. A note on potential transition to upper                     statutorily-prohibited countries. To
                                              ACTION: Notice.
                                                                                                                        middle income country status after                           ‘‘pass’’ the indicators on the scorecard,
                                              SUMMARY:   This report to Congress is                                     initial selection                                            the country must perform above the
                                              provided in accordance with section                                                                                                    median among its income group (as
                                              608(b) of the Millennium Challenge Act                               I. Which countries are evaluated?                                 defined above for scorecard evaluation
                                              of 2003, as amended (Act). Section                                                                                                     purposes), except in the cases of
                                              608(a) of the Millennium Challenge Act                                 For scorecard evaluation purposes for                           inflation, political rights, civil liberties,
                                              of 2003 requires the Millennium                                      FY 2019, MCC evaluates all candidate                              and immunization rates (countries
                                              Challenge Corporation to publish a                                   countries and statutorily-prohibited                              whose GNI per capita is between $1,876
                                              report that identifies countries that are                            countries according to the following                              and $3,895 only), where threshold
                                              ‘‘candidate countries’’ for Millennium                               income groups:1                                                   scores have been established. In
                                              Challenge Account assistance during FY                                 • Countries whose gross national                                particular, the Board considers whether
                                              2018. The report is set forth in full                                income (GNI) per capita is $1,875 or                              the country
                                              below.                                                               less; and                                                            • passed at least 10 of the 20
                                                                                                                     • Countries whose GNI per capita is                             indicators, with at least one in each
                                                Dated: September 13, 2018.
                                                                                                                   between $1,876 and $3,895.                                        category,
                                              Jeanne M. Hauch,                                                                                                                          • passed either the Political Rights or
                                              Vice President/General Counsel and                                     Appendix B lists all candidate                                  Civil Liberties indicator, and
                                              Corporate Secretary.                                                 countries and statutorily-prohibited                                 • passed the Control of Corruption
                                              Report on the Criteria and Methodology                               countries for scorecard evaluation                                indicator.
                                              for Determining the Eligibility of                                   purposes.                                                            While satisfaction of all three aspects
                                              Candidate Countries for Millennium                                   II. How does the Board evaluate these                             means a country is termed to have
                                              Challenge Account Assistance in Fiscal                               countries?                                                        ‘‘passed’’ the scorecard, the Board also
                                              Year 2019                                                                                                                              considers whether the country
                                                                                                                   A. Overall Evaluation                                             performed ‘‘substantially worse’’ in any
                                              Summary                                                                                                                                one policy category than it does on the
                                                                                                                      The Board looks at three legislatively-
                                                In accordance with section 608(b)(2)                                                                                                 scorecard overall. Appendix C describes
                                                                                                                   mandated factors in its evaluation of
                                              of the Act (22 U.S.C. 7707(b)(2)), the                                                                                                 all 20 indicators, their definitions, what
                                                                                                                   any candidate country for compact
                                              Millennium Challenge Corporation                                                                                                       is required to ‘‘pass,’’ their source, and
                                                                                                                   eligibility: (1) Policy performance; (2)
                                              (MCC) is submitting the enclosed report.                                                                                               their relationship to the legislative
                                                                                                                   the opportunity to reduce poverty and
                                              This report identifies the criteria and                                                                                                criteria.
                                                                                                                   generate economic growth; and (3) the
                                              methodology that MCC intends to use to                                                                                                    The mandatory passing of either the
                                                                                                                   availability of MCC funds.
                                              determine which candidate countries                                                                                                    Political Rights or Civil Liberties
                                              may be eligible to be considered for                                                                                                   indicators is called the Democratic
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                     1 These income groups correspond to the
                                              assistance under the Act for fiscal year                             definitions of low income countries and lower
                                                                                                                                                                                     Rights ‘‘hard hurdle’’ on the scorecard,
                                              2019.                                                                middle countries using the historic International                 while the mandatory passing of the
                                                Under section 608(c)(1) of the Act (22                             Development Association (IDA) threshold                           Control of Corruption indicator is called
                                              U.S.C. 7707(c)(1)), MCC will, for a                                  published by the World Bank. MCC has used these                   the Control of Corruption ‘‘hard
                                                                                                                   categories to evaluate country performance since FY
                                              thirty-day period following publication,                             2004. Our amended statute no longer uses those
                                                                                                                                                                                     hurdle.’’ Not passing either ‘‘hard
                                              accept and consider public comment for                               definitions for funding purposes, but we will                     hurdle’’ results in not passing the
                                              purposes of determining eligible                                     continue to use them for evaluation purposes.                     scorecard overall, regardless of whether


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Document Created: 2018-09-22 00:33:08
Document Modified: 2018-09-22 00:33:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis revised fee schedule is effective January 1, 2019.
ContactMr. John A. Traxler, Section Chief, Resources Management Section, Criminal Justice Information Services (CJIS) Division, FBI, 1000 Custer Hollow Road, Module D-3, Clarksburg, WV 26306. Telephone number 304-625-3700.
FR Citation83 FR 48335 

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