SUPPLEMENTARY INFORMATION:

Background

The Department of Homeland Security (DHS) is responsible for securing the borders, territorial waters, ports, terminals, waterways, and air, land, and sea transportation systems of the United States. See Homeland Security Act of 2002, Public Law 107-296, sec. 402, 116 Stat. 2135, 2177-78, as amended (6 U.S.C. 202). Within DHS, two components, U.S. Customs and Border Protection (CBP) and the Transportation Security Administration (TSA), have responsibilities supporting this mission by ensuring security at airports of entry. Specifically, CBP and TSA regulations provide for the designation of secured areas in airports as well as the requirements and procedures for obtaining and maintaining access to such areas.

The CBP security area regulations are set forth in subpart S of part 122 of title 19 of the Code of Federal Regulations (CFR). CBP security areas, or “Customs security areas,” are defined as the Federal Inspection Services (FIS) areas at airports accommodating international air commerce designated for processing passengers, crew, their baggage and effects arriving from, or departing to, foreign countries, as well as the aircraft deplaning and ramp area and other restricted areas designated by the port director. See19 CFR 122.181 (defining the term “Customs security area”); 19 CFR 101.1 (defining the term “Customs” to mean CBP). Generally, persons located at, operating out of, or employed by any airport accommodating international air commerce who have unescorted access to a CBP security area must openly display or produce upon demand an approved access seal. 19 CFR 122.182(a). The requirements for the application for a CBP access seal ( printed page 28600) include the applicant filing CBP Form 3078—Application for Identification Card with the port director, in addition to the applicant's employer supporting the application with a written request and justification for issuance, the appropriate bond, and attestation of a completed background check. 19 CFR 122.182(c)(1) and (d). Additionally, the port director may require other submissions from the applicant, such as fingerprints, proof of citizenship or authorized residency, and a photograph. 19 CFR 122.182(c)(1). If the applicant is required to submit fingerprints, 19 CFR 122.182(c)(1)(i) provides that the port director will inform the applicant of the current Federal Bureau of Investigation (FBI) user fee for conducting fingerprint checks and the CBP administrative processing fee, the total of which must be tendered by, or on behalf of, the applicant with the application.

TSA regulations regarding secured areas are set forth in subparts B and C of 49 CFR part 1542. TSA requires that airports establish at least one secured area, which must be a security identification display area (SIDA). See49 CFR 1542.101, 1542.103, 1542.205. TSA requires that an individual seeking unescorted access to a SIDA continuously display the personnel identification medium issued to that individual. 49 CFR 1542.207, 1542.211. Such identification medium has come to be known as a “SIDA badge.” TSA also requires that an individual seeking unescorted access to a SIDA undergo a fingerprint-based criminal history records check, which involves the airport operator collecting the applicant's fingerprints, which are ultimately submitted to TSA and the FBI. 49 CFR 1542.209.

However, a CBP access seal does not grant access to a TSA SIDA, and a SIDA badge does not grant access to a CBP security area. To receive access to both areas, applicants have needed to apply for a TSA SIDA badge through their Airport Badging Office (ABO) and then visit the airport's local CBP office to apply for a CBP access seal, as described above. Upon successful vetting by CBP, CBP may provide the ABO with a holographic sticker to affix to the applicant's SIDA badge, or the ABO may print the CBP access seal directly onto the SIDA badge. This process often results in inconsistent handling of applications and long waiting periods for approval. Therefore, CBP, in collaboration with TSA, developed the eBadge system through the Trusted Worker Program (TWP) to facilitate a faster and more uniform process of handling applications. See CBP, eBadge Trusted Worker Program, https://www.cbp.gov/​travel/​ebadge-trusted-worker-program (last modified Aug. 22, 2025).

With eBadge, applicants seeking access to CBP Security Areas and SIDA at airports can seek both CBP and TSA access privileges with one electronic application. First, the applicant may request access to the CBP security area during the SIDA badge application with TSA. After vetting and approving the applicant for a SIDA badge, TSA forwards the applicant's biographic information as well as fingerprints and other biometric data collected during the SIDA application process to CBP to vet the employees seeking access to CBP security areas. CBP uses the Automated Biometric Identification (IDENT) System to run the applicant's fingerprints received from TSA and other information through multiple databases and watch lists. In cases where IDENT cannot read the fingerprints, where the fingerprints were not submitted as part of the application, or where the fingerprints are otherwise unavailable, CBP can schedule the applicant for fingerprint collection and submit the applicant's fingerprints to the FBI for processing.

The FBI charges a user fee for performing fingerprint-based criminal history record information checks for requesting agencies and periodically publishes fee adjustments in the Federal Register . See89 FR 70206, 70206-07 (Aug. 29, 2024). As of January 1, 2025, the FBI user fee for Centralized Billing Service Providers, such as CBP, is $10.00. See89 FR 70207. As noted above, and pursuant to 31 U.S.C. 9701, CBP regulations provide for CBP to recover both the FBI user fee and a CBP administrative processing fee from the applicant. See19 CFR 122.182(c)(1)(i). The legacy U.S. Customs Service rule, which finalized the provision allowing the collection of such fees from applicants, announced in the preamble that the fee, in 1993, would be the total of the FBI user fee and an administrative processing fee of 15% of the FBI user fee. 58 FR 15770, 15772 (Mar. 24, 1993). Additionally, the legacy rule and the subsequent Access to Customs Security Areas at Airports rule revised 19 CFR 122.182(c)(1)(i) to state that port directors will inform applicants of the current FBI user fee and administrative processing fee.^[1]

Under the legacy fee formula, the administrative processing portion of this fee would be $1.50 (15% of the $10.00 FBI user fee) and the total fee according to the legacy formula would be $11.50 ($10.00+$1.50). However, this legacy fee calculation would not fully recover CBP's administrative processing costs for this fingerprinting service.

Through this notice, CBP is announcing the collection of the fee authorized by 19 CFR 122.182(c)(1)(i) and updating the legacy fee formula to reflect the cost of the new FBI fingerprinting user fee and CBP's processing costs. To update the amount of the CBP administrative processing fee, CBP calculates its costs per applicant requiring fingerprinting. CBP collects fingerprints from applicants for access to CBP security areas, that is, for a CBP access seal, when the applicant submits a paper application or when the applicant is an eBadge applicant for whom CBP has not received fingerprints from TSA or the fingerprints CBP receives from TSA are unreadable or unusable. It takes approximately 5 minutes (0.083 hours) for a CBP officer (CBPO) to perform the fingerprinting for an applicant. The wage rate for a CBPO in FY 2025 is $88.45 per hour.^[2] Multiplying the wage rate by the time for a CBPO to perform the fingerprinting process results in an administrative cost to CBP of $7.37 per applicant requiring fingerprinting. Additionally, as a Centralized Billing Service Provider, CBP is currently charged a $10.00 fee per applicant whose fingerprints CBP sends to the FBI as part of a background check.^[3] Adding the $10.00 FBI fee to the administrative processing costs borne by CBP ($7.37) shows that it currently costs CBP $17.37 per applicant that needs fingerprinting.

To fully recover CBP's costs, CBP must charge $7.37 per application requiring CBP fingerprinting services related to applications for CBP access seals plus the FBI user fee for Centralized Billing Service Providers ($10.00 in 2026). Applicants who do not need fingerprinting because CBP received usable fingerprints from TSA will not be charged by CBP for fingerprinting services. ( printed page 28601)

Collection of Fee for Fingerprints Collected by CBP

Accordingly, the new fee under 19 CFR 122.182(c)(1)(i) for fingerprints collected by CBP is $17.37. The fee will change whenever the amount of the FBI user fee changes or administrative processing costs change. CBP will inform those required to submit the fee of the correct amount. CBP will begin collecting the new fee amount after June 17, 2026.

91 FR 28599