U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 67243-67246 [2019-26521]
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103, 106, 204, 211, 212,
214, 216, 223, 235, 236, 240, 244, 245,
245a, 248, 264, 274a, 301, 319, 320, 322,
324, 334, 341, 343a, 343b, and 392
[CIS No. 2627–18; DHS Docket No. USCIS–
2019–0010]
RIN 1615–AC18
U.S. Citizenship and Immigration
Services Fee Schedule and Changes to
Certain Other Immigration Benefit
Request Requirements
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Proposed rule; extension of
comment period; availability of
supplemental information.
AGENCY:
The Department of Homeland
Security (DHS) is extending the
comment period for its November 14,
2019, notice of proposed rulemaking
(NPRM or ‘‘proposed rule’’) regarding
the USCIS Fee Schedule and Changes to
Certain Other Immigration Benefit
Request Requirements. DHS is also
announcing the availability of
supplemental information to inform the
public of information related to the
NPRM. This supplement describes the
projected costs associated with
supporting immigration adjudication
and naturalization services for which
USCIS will reimburse U.S. Immigration
and Customs Enforcement. This
document also clarifies the comment
period on the proposed information
collection revisions in the NPRM. This
announcement ensures that the public
has an opportunity to comment on the
supplemental materials.
DATES: The comment period for the
NPRM published November 14, 2019, at
84 FR 62280, is extended to December
30, 2019.
ADDRESSES: You may submit comments,
identified by DHS Docket No. USCIS–
2019–0010, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow this site’s
instructions for submitting comments.
• Mail: Samantha Deshommes, Chief,
Regulatory Coordination Division,
Office of Policy and Strategy, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue NW, Mailstop
#2140, Washington, DC 20529–2140. To
ensure proper handling, please
reference DHS Docket No. USCIS–2019–
0010 in your correspondence. Mail must
be postmarked by the comment
submission deadline. Please note that
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SUMMARY:
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USCIS cannot accept any comments that
are hand delivered or couriered. In
addition, USCIS cannot accept mailed
comments contained on any form of
digital media storage devices, such as
CDs/DVDs and USB drives.
FOR FURTHER INFORMATION CONTACT: Kika
M. Scott, Chief Financial Officer, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 20
Massachusetts Avenue NW,
Washington, DC 20529–2130, telephone
(202) 272–8377.
SUPPLEMENTARY INFORMATION:
I. Public Participation
DHS invites you to participate in this
rulemaking by submitting written data,
views, or arguments on all aspects of the
proposed rule. Comments providing the
most assistance to DHS will reference a
specific portion of the proposed rule,
explain the reason for any
recommended change, and include data,
information, or authority that supports
the recommended change.
Instructions: All submissions should
include the agency name and DHS
Docket No. USCIS–2019–0010 for this
rulemaking. Providing comments is
entirely voluntary. Regardless of how
you submit your comment, DHS will
post all submissions, without change, to
the Federal eRulemaking Portal at
https://www.regulations.gov and will
include any personal information you
provide. Because the information you
submit will be publicly available, you
should consider limiting the amount of
personal information in your
submission. DHS may withhold
information provided in comments from
public viewing if it determines that such
information is offensive or may affect
the privacy of an individual. For
additional information, please read the
Privacy Act notice available through the
link in the footer of https://
www.regulations.gov.
Docket: For access to the docket, go to
https://www.regulations.gov and enter
this rulemaking’s eDocket number:
USCIS–2019–0010. The docket includes
additional documents that support the
analysis contained in the proposed rule
to determine the specific fees that are
proposed. These documents include:
• Fiscal Year (FY) 2019/2020
Immigration Examinations Fee Account
Fee Review Supporting Documentation;
• Regulatory Impact Analysis: U.S.
Citizenship and Immigration Services
Fee Schedule and Changes to Certain
Other Immigration Benefit Request
Requirements; and
• Small Entity Analysis for
Adjustment of the U.S. Citizenship and
Immigration Services Fee Schedule
notice of proposed rulemaking (NPRM).
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67243
You may review these documents on
the electronic docket. The software 1
used to compute the immigration
benefit request fees 2 and biometric
fees 3 is a commercial product licensed
to USCIS that may be accessed on-site,
by appointment, by calling (202) 272–
1969.4
II. Extension of Comment Period
On November 14, 2019, DHS
published the aforementioned proposed
rule. See 84 FR 62280. DHS has received
requests to extend the comment period
for this rulemaking. In consideration of
these requests, and to provide
additional time for the public to review
the supplemental information below,
the comment deadline is extended from
December 16, 2019 through December
30, 2019.
DHS also notes and clarifies the
comment period for the information
collection requests (forms) that the
proposed rule would revise in
accordance with the Paperwork
Reduction Act. The comment period for
the NPRM will end on December 30,
2019, including comments on the forms
DHS must submit to OMB for review
and approval under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
12. The NPRM contained erroneous
references to comments being accepted
for 60 days from the publication date of
the proposed rule. See 84 FR 62349,
62350, 62351, 62352, 62353, 62354,
62355, 62356.
III. Supplemental Information
Regarding ICE Activities To Be Funded
by the IEFA
a. Background
In the proposed rule, DHS proposed
to recover, via USCIS’ fee schedule, the
full amount of the proposed transfer
from USCIS to ICE that was contained
in past budget requests. See 84 FR
62287. The IEFA may be used to
reimburse appropriations that fund
enforcement and support positions of
U.S. Immigration and Customs
1 USCIS uses commercially available activitybased costing (ABC) software, SAP Business Objects
Profitability and Cost Management, to create
financial models as described in the supporting
documentation.
2 Benefit request means any application, petition,
motion, appeal, or other request relating to an
immigration or naturalization benefit, whether such
request is filed on a paper form or submitted in an
electronic format, provided such request is
submitted in a manner prescribed by DHS for such
purpose. See 8 CFR 1.2.
3 DHS uses the terms biometric fees, biometric
services fees, and biometric fee synonymously in
this rule to describe the cost and process for
capturing, storing, or using biometrics.
4 The proposed rule describes key inputs to the
ABC model (for example, budget, workload
forecasts, staffing, and completion rates).
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Proposed Rules
Enforcement (ICE) to the extent that
such positions support adjudication and
naturalization services.
DHS proposed to recover as much as
$207.6 million in ICE expenses via
USCIS’ fee schedule, and described
some categories of eligible costs. See id.
DHS wrote that it ‘‘continues to study
which ICE costs would be reimbursable
through the IEFA, and may announce
more precise cost estimates prior to
publication of a final rule. To the extent
that such cost estimates are lower than
the $207.6 million figure currently
accounted for in the rule, fee levels
would be revised downward.’’ See id. at
62288. This document announces such
cost estimates, which are lower than the
$207.6 million figure in the proposed
rule. DHS therefore anticipates a
downward adjustment in the proposed
fees. See id.
Specifically, following further study,
DHS now proposes to recover, via
USCIS’ fee schedule, $112,287,417 for
allowable costs, instead of the $207.6
million referenced in the proposed rule.
DHS proposes to establish USCIS fees at
a level necessary to recover the full
amount of this proposed transfer in
addition to the costs of operating USCIS.
This document explains how those ICE
costs were determined.
b. Methodology
DHS estimated the ICE projected costs
to be funded through the IEFA using
Activity-Based Costing (ABC) consistent
with OMB Circular A–25, the Statement
of Federal Financial Accounting
Standards (SFFAS–4): Managerial Cost
Accounting Concepts and Standards for
the Federal Government, and other
relevant financial management
directives as described in the November
14, 2019 proposed rule. 84 FR 62280,
62283. ICE used an ABC approach to
define full cost, outline the sources of
cost for providing the investigation of
immigration adjudication and
naturalization services and the
collection, safeguarding, and accounting
for fees deposited in and funds
reimbursed from the IEFA. These costs
do not include costs associated with the
Student and Exchange Visitor Program
(SEVP). ICE conducts a separate ABC
analysis to set SEVP fees.
A critical element in building the
ABC model was for ICE to identify the
sources and cost for all expenses in
providing immigration adjudication and
naturalization services. Consistent with
the applicable law and guidance as
stated in the November 14, 2019
proposed rule, the proposed transfer
from USCIS to ICE would recover the
full cost of providing immigration
adjudication and naturalization
services. After identifying which case
activities can be covered by IEFA funds,
the total investigative hours were
estimated for the case activities. ICE
used the full cost of providing
immigration adjudication and
naturalization services to calculate the
amount needed to be transferred from
the USCIS-managed IEFA to ICE to fully
recover all costs for ICE administered
immigration adjudication and
naturalization services.5
c. Fees To Support Operations
ICE Homeland Security Investigations
(HSI) would use funds transferred from
the IEFA to support investigations of
immigration benefit fraud via Document
and Benefit Fraud Task Forces
(DBFTFs), Operation Janus, the HSI
National Lead Development Center, and
other immigration adjudication and
naturalization activities. Under INA
section 286(m) and (n), 8 U.S.C. 1356(m)
and (n), adjudication and naturalization
services include all costs for work
related to determining whether
applicants may receive the benefit of
such services. The cost of the services
provided includes the cost of any
investigatory work necessary to
adjudicate applications or provide
services, including investigations of
fraud. Moving forward, USCIS will
reimburse ICE for costs associated with
supporting immigration adjudication
and naturalization services. Table 1
provides a detailed list of case activities
that can be paid for with IEFA funds as
they directly relate to the investigation
of the immigration adjudication and
naturalization process.
TABLE 1—IDENTITY AND BENEFIT FRAUD ACTIVITIES
[As of November 2019]
Activity
Detailed description
General Investigative Activities ...........................
Employment Fraud .............................................
Family Fraud .......................................................
Non-Employment Visa Fraud .............................
Marriage Fraud ...................................................
Refugee Fraud ....................................................
Asylum Fraud ......................................................
Citizenship/Naturalization Fraud .........................
Deferred Action for Childhood Arrivals (DACA)
Fraud.
Petition for Relief of Seizure ...............................
Covers investigation of benefit fraud of adjudication and naturalization services.
Covers employment benefit fraud in the context of adjudication and naturalization services.
Covers family-based benefit fraud in the context of adjudication and naturalization services.
Closely tied to benefit fraud of adjudication and naturalization services.
Covers marriage-based benefit fraud in the context of adjudication and naturalization services.
Covers refugee-based benefit fraud in the context of adjudication and naturalization services.
Covers asylum-based benefit fraud in the context of adjudication and naturalization services.
Covers benefit fraud of adjudication and naturalization services.
Covers activities related to specific fraud investigations that USCIS refers to ICE for investigation.
Covers costs associated with investigating relief of seizure when property had been seized as
part of a fraud investigation in the context of adjudication and naturalization services.
Covers identity benefit fraud cases directly related to adjudication and naturalization fraud.
Covers fraud related to individuals acting as an attorney or authorized legal representative for
aliens in an attempt to fraudulently obtain a USCIS benefit.
Targets criminal enterprises and individuals who attempt to use document and benefit fraud to
compromise the integrity of the immigration system. IEFA-funded personnel improve
DBFTFs’ information sharing, reduce duplication of efforts, and increase the effectiveness of
investigations alongside our Federal, State, and local law enforcement partners.
Covers naturalization fraud by an alien that’s been identified through biometrics for having an
alternative identity.
Covers benefit fraud case for investing $900,000+ into a business solely to gain immigration
status.
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Benefit Fraud ......................................................
Unauthorized Practice of Immigration Law
(UPIL)/Notario Fraud.
Document Benefit Fraud Task Force (DBFTF) ..
Operation Janus (Special Interest Alien (SIA)
Fraud).
EB–5 Investor Fraud ...........................................
5 Additional HSI agents and requisite support
staff would need to be hired in order to complete
the additional work contemplated.
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Proposed Rules
67245
TABLE 1—IDENTITY AND BENEFIT FRAUD ACTIVITIES—Continued
[As of November 2019]
Activity
Detailed description
Juvenile Deferred Action ....................................
Covers routine investigative activities to support DACA adjudication and/or to confirm the
DACA application information.
Covers benefit fraud by illegally obtaining H and L visas.
Statistical analysis of benefit fraud.
Covers naturalization fraud relating to the vetting of denaturalization referrals from the Department of State and other federal agencies, now being conducted by ICE.
Covers investigative activities that focus on USCIS fraud that were referred from EOIR.
H&L Visa Fraud ..................................................
Benefit Fraud Assessment .................................
HQ-Denaturalization Referrals ............................
Executive Office for Immigration Review (EOIR)
Referral.
USCIS Historical Fingerprint Enrollment (HFE)
Referrals.
Military Marriage Fraud .......................................
Sex Offender Naturalization ...............................
Covers benefit fraud from a military marriage.
Covers fraud during the naturalization process, by not disclosing the fact that they have a
criminal record relating to sex offenses, and the benefit would not have been awarded had
the criminal history been disclosed.
DHS forecast of 5.2 percent growth in
FY 2020 based on historical averages
was applied to account for future costs.
Table 2 outlines the percent change of
activity hours by fiscal year.
ICE HSI case hours from Fiscal Year
(FY) 2017, FY 2018, and FY 2019 are
used to estimate future expenditures on
those activities. Using an activity-based
cost model consistent with DHS
methodology for USCIS fee setting, the
number of case hours were translated
into total cost of full-time equivalents
(FTEs) needed to cover activities that
DHS proposes to fund with IEFA funds.
DHS estimated a 5.2 percent growth rate
from FY 2020 projections and 1.9
percent constant rate to FY 2021 to fully
fund the cost of future expenses
consistent with recent trends in the
hours spent providing immigration
adjudication and naturalization
services. The projected growth rate is
based on the growth rate for case hours
in FY 2017 (517,531 hours), FY 2018
(547,774 hours), and FY 2019 (572,004
hours). There was a 5.84 percent
increase in HSI investigative case hours
from FY 2017 to FY 2018 and a 4.42
percent increase in investigative case
hours from FY 2018 to FY 2019. The
Personnel Management Classification
Position Number 1811).6 Total FTEs
were then translated into a total cost for
all HSI criminal investigators. Total cost
of HSI criminal investigators was
derived using an ICE Budget-approved
TABLE 2—IEFA HOURS BY FISCAL
modular cost table that accounts for
YEAR
salary, compensation, locality payment,
mission essential equipment (e.g.,
IEFA activity
Percent uniforms, technical equipment,
Fiscal year
hours
change supplies, and training), and inflation.
Mission Support staff is also needed
FY 2017 ..............
517,531 ..............
FY 2018 ..............
547,774
5.84 to support the investigators. To
FY 2019 ..............
572,004
4.42 determine the mission support FTEs
FY 2020 * ............
601,748
5.2 required, a mission support ratio of 0.32
FY 2021 * ............
601,748
0 to each criminal investigator was
derived by taking the total number of
* Denotes forecast.
mission support FTEs divided by the
e. Projected Cost Estimates by Fiscal
total number of investigators from the
Year
ICE FY 2017 to FY 2019 Table of
Organization Position System (TOPS)
In FY 2017, 2018, and 2019 HSI
data. This FTE total was then translated
agents worked a total of 517,531 hours,
into total Mission Support Cost using
547,774 hours and 572,004 hours,
the ICE Budget-approved cost table that
respectively, on IEFA reimbursable
accounts for salary, compensation,
related activities. To determine the
locality payment, mission essential
number of IEFA activity hours for FY
equipment, supplies, trainings, and
2020, ICE analyzed historical growth
inflation.
rates from the three preceding years,
which averaged approximately 5.2
ICE estimates that it will spend
percent. The IEFA activity hours for FY
approximately 601,748 investigative
2021 may remain the same. This results hours on IEFA reimbursable activities in
in a ‘‘total hours’’ projection of 601,748
FY 2021. That results in an estimated
hours for FY 2020, and 601,748 hours
355 criminal investigators and 113
for FY 2021. Hours were then translated mission support professionals being
into an FTE count for an ICE, HSI
required.7 Table 3 outlines the cost
Criminal Investigator (U.S. Office of
estimate for the services provided.
6 U.S. Office of Personnel Management, General
Schedule Qualifications Standards, https://
www.opm.gov/policy-data-oversight/classificationqualifications/general-schedule-qualification-
standards/1800/criminal-investigator-treasuryenforcement-agent-1811/.
7 Actual needs may be slightly more or less based
on the ability to hire and on-board personnel and
DHS notes that the aforementioned
list of activities serves as the basis for
cost projections and is not intended to
be all-inclusive. DHS may use IEFA
revenue to reimburse any IEFA-eligible
expense, regardless of whether DHS
considered those expenses when setting
fees.
d. Expansion of Investigations
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Covers activities related to HFE referrals from USCIS.
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the level of services ICE provides to support USCIS
within a given year.
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Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Proposed Rules
TABLE 3—COST ESTIMATE FOR IMMIGRATION ADJUDICATION AND NATURALIZATION SERVICES
IEFA
activity
hours
Fiscal year
FY
FY
FY
FY
FY
2017 .............................................................................
2018 .............................................................................
2019 .............................................................................
2020 .............................................................................
2021 * ...........................................................................
517,531
547,774
572,004
601,748
601,748
HSI
1811
FTE
305
323
337
355
355
HSI FTE
Frontline
(1811 series)
cost
(HSI 1811
FTE * fully
burdened 1811
FTE cost)
Mission support
FTE (HSI 1811
FTE * MS FTE
to 1811 ratio)
$77,750,217
82,293,713
85,933,858
90,402,418
92,120,064
HSI mission
support cost
(MS FTE * fully
burdened MS FTE
cost)
96
102
107
113
113
$17,021,439
18,016,122
18,813,040
19,791,318
20,167,353
Total cost
(HSI 1811 FTE
frontline cost +
HSI MS cost)
$94,771,656
100,309,835
104,746,897
110,193,736
112,287,417
* Denotes forecast.
As a result, DHS projects an annual
transfer to ICE of $112,287,417, rather
than $207.6 million. Because the
projected annual transfer to ICE is lower
than DHS previously proposed, the
proposed fee levels would be reduced
accordingly. As the NPRM stated, the
fees that DHS proposed may change in
the final rule based on policy decisions,
in response to public comments,
intervening legislation, and other
reasons. 84 FR 62327. In the NPRM, to
reduce uncertainty, USCIS laid out what
the fees would be if certain conditions
materialize and explained that the final
fees would be one of the scenarios
presented, or an amount in between the
highest and lowest fees proposed. Id.
Table 21 in the NPRM outlines the
proposed fee levels contained in the
proposed rule that would result if the
ICE transfer of $207.6 million either did
or did not occur. Because the estimated
amount of the transfer is $112,287,417
million, the resulting fee schedule
would, all else remaining the same, be
somewhere between those two levels.
Chad F. Wolf,
Acting Secretary.
[FR Doc. 2019–26521 Filed 12–6–19; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–1015; Product
Identifier 2018–SW–104–AD]
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RIN 2120–AA64
Airworthiness Directives; Airbus
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
SUMMARY:
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Airbus Helicopters Model AS332C,
AS332C1, AS332L, and AS332L1
helicopters. This proposed AD would
require determining the accumulated
hours time-in-service (TIS) of certain
part-numbered main gearbox (MGB)
suspension bar attachment fittings
(fittings) and bolts, and would establish
new life limits. This proposed AD is
prompted by the outcome of tests and
analyses performed by Airbus
Helicopters. The actions of this
proposed AD are intended to address an
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by February 7,
2020.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: 202–493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
1015; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the European Aviation Safety
Agency (EASA) AD, the economic
evaluation, any comments received, and
other information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
For service information identified in
this proposed rule, contact Airbus
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Helicopters, 2701 N. Forum Drive,
Grand Prairie, TX 75052; telephone
972–641–0000 or 800–232–0323; fax
972–641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html. You may review
the referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177.
FOR FURTHER INFORMATION CONTACT: Matt
Fuller, Senior Aviation Safety Engineer,
Safety Management Section, Rotorcraft
Standards Branch, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone 817–222–5110; email
matthew.fuller@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views. The FAA also
invites comments relating to the
economic, environmental, energy, or
federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments that the FAA receives, as
well as a report summarizing each
substantive public contact with FAA
personnel concerning this proposed
rulemaking. Before acting on this
proposal, the FAA will consider all
comments the FAA receives on or before
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this proposal in light of the comments
the FAA receives.
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]]>Agencies
[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Proposed Rules]
[Pages 67243-67246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26521]
[[Page 67243]]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 106, 204, 211, 212, 214, 216, 223, 235, 236, 240,
244, 245, 245a, 248, 264, 274a, 301, 319, 320, 322, 324, 334, 341,
343a, 343b, and 392
[CIS No. 2627-18; DHS Docket No. USCIS-2019-0010]
RIN 1615-AC18
U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Proposed rule; extension of comment period; availability of
supplemental information.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is extending the
comment period for its November 14, 2019, notice of proposed rulemaking
(NPRM or ``proposed rule'') regarding the USCIS Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements. DHS
is also announcing the availability of supplemental information to
inform the public of information related to the NPRM. This supplement
describes the projected costs associated with supporting immigration
adjudication and naturalization services for which USCIS will reimburse
U.S. Immigration and Customs Enforcement. This document also clarifies
the comment period on the proposed information collection revisions in
the NPRM. This announcement ensures that the public has an opportunity
to comment on the supplemental materials.
DATES: The comment period for the NPRM published November 14, 2019, at
84 FR 62280, is extended to December 30, 2019.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS-
2019-0010, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow this site's instructions for submitting comments.
Mail: Samantha Deshommes, Chief, Regulatory Coordination
Division, Office of Policy and Strategy, U.S. Citizenship and
Immigration Services, Department of Homeland Security, 20 Massachusetts
Avenue NW, Mailstop #2140, Washington, DC 20529-2140. To ensure proper
handling, please reference DHS Docket No. USCIS-2019-0010 in your
correspondence. Mail must be postmarked by the comment submission
deadline. Please note that USCIS cannot accept any comments that are
hand delivered or couriered. In addition, USCIS cannot accept mailed
comments contained on any form of digital media storage devices, such
as CDs/DVDs and USB drives.
FOR FURTHER INFORMATION CONTACT: Kika M. Scott, Chief Financial
Officer, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 20 Massachusetts Avenue NW, Washington, DC 20529-
2130, telephone (202) 272-8377.
SUPPLEMENTARY INFORMATION:
I. Public Participation
DHS invites you to participate in this rulemaking by submitting
written data, views, or arguments on all aspects of the proposed rule.
Comments providing the most assistance to DHS will reference a specific
portion of the proposed rule, explain the reason for any recommended
change, and include data, information, or authority that supports the
recommended change.
Instructions: All submissions should include the agency name and
DHS Docket No. USCIS-2019-0010 for this rulemaking. Providing comments
is entirely voluntary. Regardless of how you submit your comment, DHS
will post all submissions, without change, to the Federal eRulemaking
Portal at https://www.regulations.gov and will include any personal
information you provide. Because the information you submit will be
publicly available, you should consider limiting the amount of personal
information in your submission. DHS may withhold information provided
in comments from public viewing if it determines that such information
is offensive or may affect the privacy of an individual. For additional
information, please read the Privacy Act notice available through the
link in the footer of https://www.regulations.gov.
Docket: For access to the docket, go to https://www.regulations.gov
and enter this rulemaking's eDocket number: USCIS-2019-0010. The docket
includes additional documents that support the analysis contained in
the proposed rule to determine the specific fees that are proposed.
These documents include:
Fiscal Year (FY) 2019/2020 Immigration Examinations Fee
Account Fee Review Supporting Documentation;
Regulatory Impact Analysis: U.S. Citizenship and
Immigration Services Fee Schedule and Changes to Certain Other
Immigration Benefit Request Requirements; and
Small Entity Analysis for Adjustment of the U.S.
Citizenship and Immigration Services Fee Schedule notice of proposed
rulemaking (NPRM).
You may review these documents on the electronic docket. The
software \1\ used to compute the immigration benefit request fees \2\
and biometric fees \3\ is a commercial product licensed to USCIS that
may be accessed on-site, by appointment, by calling (202) 272-1969.\4\
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\1\ USCIS uses commercially available activity-based costing
(ABC) software, SAP Business Objects Profitability and Cost
Management, to create financial models as described in the
supporting documentation.
\2\ Benefit request means any application, petition, motion,
appeal, or other request relating to an immigration or
naturalization benefit, whether such request is filed on a paper
form or submitted in an electronic format, provided such request is
submitted in a manner prescribed by DHS for such purpose. See 8 CFR
1.2.
\3\ DHS uses the terms biometric fees, biometric services fees,
and biometric fee synonymously in this rule to describe the cost and
process for capturing, storing, or using biometrics.
\4\ The proposed rule describes key inputs to the ABC model (for
example, budget, workload forecasts, staffing, and completion
rates).
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II. Extension of Comment Period
On November 14, 2019, DHS published the aforementioned proposed
rule. See 84 FR 62280. DHS has received requests to extend the comment
period for this rulemaking. In consideration of these requests, and to
provide additional time for the public to review the supplemental
information below, the comment deadline is extended from December 16,
2019 through December 30, 2019.
DHS also notes and clarifies the comment period for the information
collection requests (forms) that the proposed rule would revise in
accordance with the Paperwork Reduction Act. The comment period for the
NPRM will end on December 30, 2019, including comments on the forms DHS
must submit to OMB for review and approval under the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501-12. The NPRM contained erroneous
references to comments being accepted for 60 days from the publication
date of the proposed rule. See 84 FR 62349, 62350, 62351, 62352, 62353,
62354, 62355, 62356.
III. Supplemental Information Regarding ICE Activities To Be Funded by
the IEFA
a. Background
In the proposed rule, DHS proposed to recover, via USCIS' fee
schedule, the full amount of the proposed transfer from USCIS to ICE
that was contained in past budget requests. See 84 FR 62287. The IEFA
may be used to reimburse appropriations that fund enforcement and
support positions of U.S. Immigration and Customs
[[Page 67244]]
Enforcement (ICE) to the extent that such positions support
adjudication and naturalization services.
DHS proposed to recover as much as $207.6 million in ICE expenses
via USCIS' fee schedule, and described some categories of eligible
costs. See id. DHS wrote that it ``continues to study which ICE costs
would be reimbursable through the IEFA, and may announce more precise
cost estimates prior to publication of a final rule. To the extent that
such cost estimates are lower than the $207.6 million figure currently
accounted for in the rule, fee levels would be revised downward.'' See
id. at 62288. This document announces such cost estimates, which are
lower than the $207.6 million figure in the proposed rule. DHS
therefore anticipates a downward adjustment in the proposed fees. See
id.
Specifically, following further study, DHS now proposes to recover,
via USCIS' fee schedule, $112,287,417 for allowable costs, instead of
the $207.6 million referenced in the proposed rule. DHS proposes to
establish USCIS fees at a level necessary to recover the full amount of
this proposed transfer in addition to the costs of operating USCIS.
This document explains how those ICE costs were determined.
b. Methodology
DHS estimated the ICE projected costs to be funded through the IEFA
using Activity-Based Costing (ABC) consistent with OMB Circular A-25,
the Statement of Federal Financial Accounting Standards (SFFAS-4):
Managerial Cost Accounting Concepts and Standards for the Federal
Government, and other relevant financial management directives as
described in the November 14, 2019 proposed rule. 84 FR 62280, 62283.
ICE used an ABC approach to define full cost, outline the sources of
cost for providing the investigation of immigration adjudication and
naturalization services and the collection, safeguarding, and
accounting for fees deposited in and funds reimbursed from the IEFA.
These costs do not include costs associated with the Student and
Exchange Visitor Program (SEVP). ICE conducts a separate ABC analysis
to set SEVP fees.
A critical element in building the ABC model was for ICE to
identify the sources and cost for all expenses in providing immigration
adjudication and naturalization services. Consistent with the
applicable law and guidance as stated in the November 14, 2019 proposed
rule, the proposed transfer from USCIS to ICE would recover the full
cost of providing immigration adjudication and naturalization services.
After identifying which case activities can be covered by IEFA funds,
the total investigative hours were estimated for the case activities.
ICE used the full cost of providing immigration adjudication and
naturalization services to calculate the amount needed to be
transferred from the USCIS-managed IEFA to ICE to fully recover all
costs for ICE administered immigration adjudication and naturalization
services.\5\
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\5\ Additional HSI agents and requisite support staff would need
to be hired in order to complete the additional work contemplated.
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c. Fees To Support Operations
ICE Homeland Security Investigations (HSI) would use funds
transferred from the IEFA to support investigations of immigration
benefit fraud via Document and Benefit Fraud Task Forces (DBFTFs),
Operation Janus, the HSI National Lead Development Center, and other
immigration adjudication and naturalization activities. Under INA
section 286(m) and (n), 8 U.S.C. 1356(m) and (n), adjudication and
naturalization services include all costs for work related to
determining whether applicants may receive the benefit of such
services. The cost of the services provided includes the cost of any
investigatory work necessary to adjudicate applications or provide
services, including investigations of fraud. Moving forward, USCIS will
reimburse ICE for costs associated with supporting immigration
adjudication and naturalization services. Table 1 provides a detailed
list of case activities that can be paid for with IEFA funds as they
directly relate to the investigation of the immigration adjudication
and naturalization process.
Table 1--Identity and Benefit Fraud Activities
[As of November 2019]
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Activity Detailed description
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General Investigative Covers investigation of benefit fraud of
Activities. adjudication and naturalization
services.
Employment Fraud............. Covers employment benefit fraud in the
context of adjudication and
naturalization services.
Family Fraud................. Covers family-based benefit fraud in the
context of adjudication and
naturalization services.
Non-Employment Visa Fraud.... Closely tied to benefit fraud of
adjudication and naturalization
services.
Marriage Fraud............... Covers marriage-based benefit fraud in
the context of adjudication and
naturalization services.
Refugee Fraud................ Covers refugee-based benefit fraud in the
context of adjudication and
naturalization services.
Asylum Fraud................. Covers asylum-based benefit fraud in the
context of adjudication and
naturalization services.
Citizenship/Naturalization Covers benefit fraud of adjudication and
Fraud. naturalization services.
Deferred Action for Childhood Covers activities related to specific
Arrivals (DACA) Fraud. fraud investigations that USCIS refers
to ICE for investigation.
Petition for Relief of Covers costs associated with
Seizure. investigating relief of seizure when
property had been seized as part of a
fraud investigation in the context of
adjudication and naturalization
services.
Benefit Fraud................ Covers identity benefit fraud cases
directly related to adjudication and
naturalization fraud.
Unauthorized Practice of Covers fraud related to individuals
Immigration Law (UPIL)/ acting as an attorney or authorized
Notario Fraud. legal representative for aliens in an
attempt to fraudulently obtain a USCIS
benefit.
Document Benefit Fraud Task Targets criminal enterprises and
Force (DBFTF). individuals who attempt to use document
and benefit fraud to compromise the
integrity of the immigration system.
IEFA-funded personnel improve DBFTFs'
information sharing, reduce duplication
of efforts, and increase the
effectiveness of investigations
alongside our Federal, State, and local
law enforcement partners.
Operation Janus (Special Covers naturalization fraud by an alien
Interest Alien (SIA) Fraud). that's been identified through
biometrics for having an alternative
identity.
EB-5 Investor Fraud.......... Covers benefit fraud case for investing
$900,000+ into a business solely to gain
immigration status.
[[Page 67245]]
Juvenile Deferred Action..... Covers routine investigative activities
to support DACA adjudication and/or to
confirm the DACA application
information.
H&L Visa Fraud............... Covers benefit fraud by illegally
obtaining H and L visas.
Benefit Fraud Assessment..... Statistical analysis of benefit fraud.
HQ-Denaturalization Referrals Covers naturalization fraud relating to
the vetting of denaturalization
referrals from the Department of State
and other federal agencies, now being
conducted by ICE.
Executive Office for Covers investigative activities that
Immigration Review (EOIR) focus on USCIS fraud that were referred
Referral. from EOIR.
USCIS Historical Fingerprint Covers activities related to HFE
Enrollment (HFE) Referrals. referrals from USCIS.
Military Marriage Fraud...... Covers benefit fraud from a military
marriage.
Sex Offender Naturalization.. Covers fraud during the naturalization
process, by not disclosing the fact that
they have a criminal record relating to
sex offenses, and the benefit would not
have been awarded had the criminal
history been disclosed.
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DHS notes that the aforementioned list of activities serves as the
basis for cost projections and is not intended to be all-inclusive. DHS
may use IEFA revenue to reimburse any IEFA-eligible expense, regardless
of whether DHS considered those expenses when setting fees.
d. Expansion of Investigations
ICE HSI case hours from Fiscal Year (FY) 2017, FY 2018, and FY 2019
are used to estimate future expenditures on those activities. Using an
activity-based cost model consistent with DHS methodology for USCIS fee
setting, the number of case hours were translated into total cost of
full-time equivalents (FTEs) needed to cover activities that DHS
proposes to fund with IEFA funds. DHS estimated a 5.2 percent growth
rate from FY 2020 projections and 1.9 percent constant rate to FY 2021
to fully fund the cost of future expenses consistent with recent trends
in the hours spent providing immigration adjudication and
naturalization services. The projected growth rate is based on the
growth rate for case hours in FY 2017 (517,531 hours), FY 2018 (547,774
hours), and FY 2019 (572,004 hours). There was a 5.84 percent increase
in HSI investigative case hours from FY 2017 to FY 2018 and a 4.42
percent increase in investigative case hours from FY 2018 to FY 2019.
The DHS forecast of 5.2 percent growth in FY 2020 based on historical
averages was applied to account for future costs.
Table 2 outlines the percent change of activity hours by fiscal
year.
Table 2--IEFA Hours by Fiscal Year
------------------------------------------------------------------------
IEFA activity Percent
Fiscal year hours change
------------------------------------------------------------------------
FY 2017....................................... 517,531 ........
FY 2018....................................... 547,774 5.84
FY 2019....................................... 572,004 4.42
FY 2020 *..................................... 601,748 5.2
FY 2021 *..................................... 601,748 0
------------------------------------------------------------------------
* Denotes forecast.
e. Projected Cost Estimates by Fiscal Year
In FY 2017, 2018, and 2019 HSI agents worked a total of 517,531
hours, 547,774 hours and 572,004 hours, respectively, on IEFA
reimbursable related activities. To determine the number of IEFA
activity hours for FY 2020, ICE analyzed historical growth rates from
the three preceding years, which averaged approximately 5.2 percent.
The IEFA activity hours for FY 2021 may remain the same. This results
in a ``total hours'' projection of 601,748 hours for FY 2020, and
601,748 hours for FY 2021. Hours were then translated into an FTE count
for an ICE, HSI Criminal Investigator (U.S. Office of Personnel
Management Classification Position Number 1811).\6\ Total FTEs were
then translated into a total cost for all HSI criminal investigators.
Total cost of HSI criminal investigators was derived using an ICE
Budget-approved modular cost table that accounts for salary,
compensation, locality payment, mission essential equipment (e.g.,
uniforms, technical equipment, supplies, and training), and inflation.
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\6\ U.S. Office of Personnel Management, General Schedule
Qualifications Standards, https://www.opm.gov/policy-data-oversight/classification-qualifications/general-schedule-qualification-standards/1800/criminal-investigator-treasury-enforcement-agent-1811/.
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Mission Support staff is also needed to support the investigators.
To determine the mission support FTEs required, a mission support ratio
of 0.32 to each criminal investigator was derived by taking the total
number of mission support FTEs divided by the total number of
investigators from the ICE FY 2017 to FY 2019 Table of Organization
Position System (TOPS) data. This FTE total was then translated into
total Mission Support Cost using the ICE Budget-approved cost table
that accounts for salary, compensation, locality payment, mission
essential equipment, supplies, trainings, and inflation.
ICE estimates that it will spend approximately 601,748
investigative hours on IEFA reimbursable activities in FY 2021. That
results in an estimated 355 criminal investigators and 113 mission
support professionals being required.\7\ Table 3 outlines the cost
estimate for the services provided.
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\7\ Actual needs may be slightly more or less based on the
ability to hire and on-board personnel and the level of services ICE
provides to support USCIS within a given year.
[[Page 67246]]
Table 3--Cost Estimate for Immigration Adjudication and Naturalization Services
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HSI FTE Frontline
(1811 series) Mission support HSI mission Total cost (HSI
IEFA HSI 1811 cost (HSI 1811 FTE (HSI 1811 FTE support cost (MS 1811 FTE
Fiscal year activity FTE FTE * fully * MS FTE to 1811 FTE * fully frontline cost +
hours burdened 1811 FTE ratio) burdened MS FTE HSI MS cost)
cost) cost)
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FY 2017............................................... 517,531 305 $77,750,217 96 $17,021,439 $94,771,656
FY 2018............................................... 547,774 323 82,293,713 102 18,016,122 100,309,835
FY 2019............................................... 572,004 337 85,933,858 107 18,813,040 104,746,897
FY 2020............................................... 601,748 355 90,402,418 113 19,791,318 110,193,736
FY 2021 *............................................. 601,748 355 92,120,064 113 20,167,353 112,287,417
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* Denotes forecast.
As a result, DHS projects an annual transfer to ICE of
$112,287,417, rather than $207.6 million. Because the projected annual
transfer to ICE is lower than DHS previously proposed, the proposed fee
levels would be reduced accordingly. As the NPRM stated, the fees that
DHS proposed may change in the final rule based on policy decisions, in
response to public comments, intervening legislation, and other
reasons. 84 FR 62327. In the NPRM, to reduce uncertainty, USCIS laid
out what the fees would be if certain conditions materialize and
explained that the final fees would be one of the scenarios presented,
or an amount in between the highest and lowest fees proposed. Id. Table
21 in the NPRM outlines the proposed fee levels contained in the
proposed rule that would result if the ICE transfer of $207.6 million
either did or did not occur. Because the estimated amount of the
transfer is $112,287,417 million, the resulting fee schedule would, all
else remaining the same, be somewhere between those two levels.
Chad F. Wolf,
Acting Secretary.
[FR Doc. 2019-26521 Filed 12-6-19; 8:45 am]
BILLING CODE 9111-97-P
