This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50951 

Vol. 70, No. 166 

Monday, August 29, 2005 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 842 

RIN 3206–AK84 

Retirement Credit for Certain 

Government Service Performed 

Abroad 

AGENCY: Office of Personnel 

Management. 

ACTION: Interim rule with request for 

comment. 

SUMMARY: The Office of Personnel 

Management (OPM) is issuing interim 

regulations to implement a section of 

the Foreign Relations Authorization Act, 

Fiscal Year 2003 affecting the Federal 

Employees Retirement System. These 

regulations describe how individuals 

who performed certain Government 

service at a United States diplomatic 

mission, consular post, or other Foreign 

Service post abroad after December 31, 

1988, and before May 24, 1998, can get 

retirement credit for that service under 

the Federal Employees’ Retirement 

System. 

DATES: This interim rule is effective 

August 29, 2005. We must receive your 

comments by October 28, 2005. 

ADDRESSES: You may submit comments, 

identified by RIN number 3206–AK84, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: combox@opm.gov. Include 

RIN number 3206–AK84 in the subject 

line of the message. 

• Mail: Mary Ellen Wilson, Manager, 

Retirement Group, Office of Personnel 

Management; 1900 E Street, NW., 

Washington, DC 20415–3200. 

• FAX: (202) 606–0990. 

FOR FURTHER INFORMATION CONTACT: Jim 

Giuseppe, (202) 606–0299. 

SUPPLEMENTARY INFORMATION: Section 

321 of Public Law 107–228, 116 Stat. 

1380, the Foreign Relations 

Authorization Act, Fiscal Year 2003, 

allows retirement credit under the 

Federal Employees’ Retirement System 

(FERS) for certain Government service 

performed abroad under a temporary 

appointment. Service performed after 

December 31, 1988, and before May 24, 

1998, under a temporary appointment 

pursuant to sections 309 and 311 of the 

Foreign Service Act of 1980, may now 

be creditable under FERS provided all 

of the following conditions set out in 

section 321 are satisfied. 

• The service must have been 

performed at a United States diplomatic 

mission, consular post (other than a 

consular agency), or other Foreign 

Service post abroad. 

• The individual who performed the 

service must have satisfied all eligibility 

requirements under regulations of the 

Department of State (as in effect on 

September 30, 2002) for a family 

member limited non-career appointment 

at the time the service was performed. 

Individuals not employed by the 

Department of State while performing 

such service shall be treated as if they 

were so employed for the purposes of 

this requirement. 

• The service would have been 

creditable under FERS had it been 

performed before 1989 and had the 

appropriate service credit deposit been 

paid. 

• The service cannot otherwise be 

creditable under FERS or any other 

retirement system for employees of the 

United States Government (disregarding 

title II of the Social Security Act). 

• The service must have totaled 90 

days or more. 

• The individual who performed the 

service must file an application to pay 

a deposit for the service no later than 36 

months after the effective date of these 

regulations, and pay the deposit. The 

deposit equals the amount of FERS 

employee deductions that would have 

been withheld from the individual’s 

basic pay had the service been subject 

to FERS deductions, plus interest. If the 

individual who performed the service is 

deceased, any person who is or would 

be eligible for a survivor annuity under 

FERS based on the service of the 

individual can apply for the service 

credit and pay this deposit. 

• The department or agency where 

the individual performed the service 

must pay a deposit for the service. The 

deposit the department or agency owes 

equals the FERS Government 

contributions that would have been due 

had the service been subject to FERS, 

plus interest. 

These provisions allowing FERS 

service credit for certain Government 

service performed abroad differ from 

other FERS provisions that allow service 

credit for service not subject to FERS 

retirement deductions in three 

important respects. First, they specify a 

specific location where the service must 

have been performed—at a United 

States diplomatic mission, consular 

post, or other Foreign Service post 

abroad as defined under the Foreign 

Service Act of 1980. Second, they 

require the application of Department of 

State regulations in determining if the 

service is creditable. And third, they 

require that Government contributions 

accompany the deposit that individuals 

have to pay for the service. The 

department or agency where the 

individual performed the service must 

pay those Government contributions. 

While individuals may have performed 

this service at any number of 

departments or agencies, including the 

Departments of Defense, Commerce, and 

Agriculture, and the United States 

Agency for International Development, 

we believe that most of the individuals 

affected by this legislation worked for 

the Department of State. 

Because of these unique service credit 

provisions, we have established a 

process for obtaining service credit for 

certain Government service performed 

abroad that differs from the normal 

process used for establishing service 

credit for other types of civilian service. 

Where normally the Office of Personnel 

Management (OPM) determines whether 

service is creditable for FERS retirement 

purpose, these regulations recognize 

that the Department of State is in a 

better position than OPM to interpret 

the Foreign Service Act and the 

Department of State’s own regulations to 

determine if the service is creditable. 

And where normally the individual 

applying for service credit for civilian 

service applies to OPM and pays a 

deposit to OPM, these regulations 

require that the individual apply for 

service credit to the department or 

agency where the individual performed 

the service (the Department of State in 

most cases) and pay the deposit to that 

50952 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

department or agency. The department 

or agency must then submit the 

individual’s deposit to OPM, along with 

the Government contributions, so that 

OPM receives the full payment for the 

service at the same time. 

When the Department of State or 

other appropriate department or agency 

responsible for processing the 

application for service credit under 

these regulations (hereinafter the 

employing entity) receives an 

application from an individual for 

certain Government service performed 

abroad, it must determine if the service 

qualifies for service credit under Section 

321 of Public Law 107–228. (If the 

employing entity is not the Department 

of State, it may need to consult with the 

Department of State if there are any 

questions about whether or not the 

service is creditable.) The employing 

entity must then compute the amount of 

the deposit the individual owes for the 

service and notify the individual of the 

amount due. It must also compute the 

amount of the Government 

contributions it owes for the service; 

collect the deposit from the individual; 

and immediately forward both the 

individual’s deposit and the 

Government contributions to OPM in a 

manner prescribed by OPM. If the 

employing entity finds that the service 

is not creditable under Section 321 of 

Public Law 107–228, it must provide the 

individual with a written decision 

explaining the reason why the service is 

not creditable and explaining the 

individual’s rights to appeal the 

decision to the Merit Systems Protection 

Board (MSPB). 

When the employing entity is not the 

Department of State, the Department of 

State must provide whatever assistance 

is necessary to help the employing 

entity determine if the service 

performed abroad is creditable under 

Section 321 of Public Law 107–228. If 

the employing entity no longer exists, 

the Department of State must assume 

most of the employing entity’s duties 

related to these regulations. The only 

exception is that the Department of 

State, when performing these duties for 

an employing entity that is no longer in 

existence, does not have to forward the 

actual Government contributions to 

OPM. If the Department of State finds 

that the service is not creditable, it must 

provide the individual with a written 

notice that explains the reason why the 

service is not creditable and explains 

the individual’s rights to appeal to the 

MSPB. 

Individuals eligible to make the 

deposit must pay the deposit to the 

appropriate employing entity in one 

lump sum within 180 days of being 

notified of the amount of the deposit. 

The employing entity must then forward 

the individual’s deposit along with the 

Government deposit and all relevant 

information relating to the period of 

service to OPM in a manner prescribed 

by OPM. If the individual making the 

deposit is currently receiving a 

retirement or survivor annuity, OPM 

will recompute the annuity to include 

credit for the service and pay the 

additional annuity resulting from the 

service credit retroactive to the date the 

annuity began. If the individual making 

the deposit is not currently receiving a 

retirement or survivor annuity, OPM 

will evaluate whether or not the 

individual qualifies to begin receiving 

an annuity with the additional service 

credit. If an individual becomes eligible 

to receive an annuity with the 

additional service credit, OPM will send 

the individual the appropriate 

application for benefits. After the 

individual returns the application, OPM 

will begin to pay the annuity as of the 

earliest date that the annuity could 

commence, subject to the commencing 

date provisions in chapter 84 of title 5 

United States Code. 

Therefore, OPM is amending 5 CFR 

part 842, subpart C, the subpart 

concerning credit for service. 

Specifically, subpart C is amended at 5 

CFR 842.304 and 842.305. 

In § 842.304, paragraph (e) is added 

outlining the conditions for crediting 

certain Government service performed 

abroad. 

In § 842.305, paragraph (j) is added 

outlining how the individual and 

employer deposits for the service should 

be processed. 

Waiver of Notice of Proposed 

Rulemaking 

Under section 553(b)(3)(B) and (d)(3) 

of title 5, United States Code, I find that 

good cause exists for waiving the 

general notice of proposed rulemaking 

and to make these rules effective in less 

than 30 days. The processing of deposits 

for certain Government service 

performed abroad under these 

regulations will affect only a relatively 

limited number of qualifying 

individuals’ retirement eligibility or 

eligibility for survivor benefits, and the 

amounts of their retirement or survivor 

benefits. We recognize that notice and 

comment may be waived when the 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest. Publication of a general notice 

of proposed rulemaking in this situation 

would be contrary to the public interest 

because it would unnecessarily and 

unreasonably delay the availability of 

the potential benefits of Public Law 

107–228, and because no individual or 

group will suffer any detriment, 

financial or otherwise, because of the 

application of this regulation without 

notice and comment. The application of 

these regulations benefits a specific 

group of individuals by revising an 

existing regulatory provision that is 

contrary to the benefit enacted by the 

Congress. The application of this 

regulation before public comment is 

consistent with the limited interest in 

this matter by the general public and in 

which the interest of the affected public, 

those seeking FERS retirement credit for 

certain Government service earned 

while working abroad, would be set 

back by any unnecessary requirement of 

advance notice. 

Regulatory Flexibility Act 

I certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only certain Federal 

employees. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

Lists of Subjects in 5 CFR Part 842 

Air traffic controllers, Alimony, 

Firefighters, Government employees, 

Law enforcement officers, Pensions, 

Retirement. 

U.S. Office of Personnel Management. 

Linda M. Springer, 

Director. 

■ For the reasons stated in the preamble, 

the Office of Personnel Management 

amends 5 CFR part 842 as follows: 

PART 842—FEDERAL EMPLOYEES 

RETIREMENT SYSTEM—BASIC 

ANNUITY 

■ 1. The authority citation for part 842 

is revised to read as follows: 

Authority: 5 U.S.C. 8461(g); Secs. 842.104 

and 842.106 also issued under 5 U.S.C. 

8461(n); Sec. 842.104 also issued under 

sections 3 and 7(c) of Pub. L. 105–274, 112 

Stat. 2419; Sec. 842.105 also issued under 5 

U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 

842.106 also issued under section 102(e) of 

Pub. L. 104–8, 109 Stat. 102, as amended by 

section 153 of Pub. L. 104–134, 110 Stat. 

1321–102; Sec. 842.107 also issued under 

sections 11202(f), 11232(e), and 11246(b) of 

Pub. L. 105–33, 111 Stat. 251, and section 

7(b) of Pub. L. 105–274, 112 Stat. 2419; Sec. 

842.108 also issued under section 7(e) of Pub. 

L. 105–274, 112 Stat. 2419; Sec. 842.213 also 

issued under 5 U.S.C. 8414(b)(1)(B) and 

section 1313(b)(5) of Pub. L. 107–296, 116 

Stat. 2135; Secs. 842.304 and 842.305 also 

Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 50953 

issued under section 321(f) of Pub. L. 107–

228, 116 Stat. 1383, Secs. 842.604 and 

842.611 also issued under 5 U.S.C. 8417; Sec. 

842.607 also issued under 5 U.S.C. 8416 and 

8417; Sec. 842.614 also issued under 5 U.S.C. 

8419; Sec. 842.615 also issued under 5 U.S.C. 

8418; Sec. 842.703 also issued under section 

7001(a)(4) of Pub. L. 101–508, 104 Stat. 1388; 

Sec. 842.707 also issued under section 6001 

of Pub. L. 100–203, 101 Stat. 1300; Sec. 

842.708 also issued under section 4005 of 

Pub. L. 101–239, 103 Stat. 2106 and section 

7001 of Pub. L. 101–508, 104 Stat. 1388; 

subpart H also issued under 5 U.S.C. 1104; 

Sec. 842.810 also issued under section 636 of 

Appendix C to Pub. L. 106–554 at 114 Stat. 

2763A–164; Sec. 842.811 also issued under 

section 226(c)(2) of Public Law 108–176, 117 

Stat. 2529. 

Subpart C—Credit for Service 

■ 2. In § 842.304, add paragraph (e) to 

read as follows: 

§ 842.304 Civilian service. 

* * * * * 

(e) Certain Government service 

performed abroad after December 31, 

1988, and before May 24, 1998. (1) 

Definition. In this section, certain 

Government service performed abroad is 

service performed at a United States 

diplomatic mission, consular post (other 

than a consular agency), or other 

Foreign Service post abroad under a 

temporary appointment pursuant to 

sections 309 and 311 of the Foreign 

Service Act of 1980 (22 U.S.C. 3949 and 

3951). 

(2) Conditions for Creditability. 

Service credit is allowed under section 

321 of Pub. L. 107–228 for certain 

Government service performed abroad 

after December 31, 1988, and before 

May 24, 1998, provided—

(i) The service in the aggregate totaled 

90 days or more; 

(ii) The individual performing the 

service would have satisfied all 

eligibility requirements under 

regulations of the Department of State 

(as in effect on September 30, 2002) for 

a family member limited noncareer 

appointment (within the meaning of 

such regulations, as in effect on 

September 30, 2002) at the time the 

service was performed, except that, in 

applying this paragraph, an individual 

not employed by the Department of 

State while performing the service shall 

be treated as if then so employed; 

(iii) The service would have been 

creditable under FERS had it been 

performed before 1989 and had the 

deposit requirements of § 842.305 been 

met; 

(iv) The service is not otherwise 

creditable under FERS or any other 

retirement system for employees of the 

U.S. Government (disregarding title II of 

the Social Security Act); 

(v) The individual applying for the 

service credit submits a written 

application to make a deposit with the 

department or agency where the service 

was performed, and completes the 

deposit, in accordance with § 842.305(j); 

and 

(vi) The department or agency where 

the service was performed remits 

Government contributions for the 

service to OPM in accordance with 

§ 842.305(j). 

(3) Departments or agencies no longer 

in existence. If the department or agency 

where the individual performed certain 

Government service abroad no longer 

exists, the Department of State must 

process applications for service credit 

under this section. Government 

contributions for the service will not 

need to be remitted to OPM. 

■ 3. In § 842.305, add paragraph (j) to 

read as follows: 

§ 842.305 Deposits for civilian service. 

* * * * * 

(j) Certain Government service 

performed abroad after December 31, 

1988, and before May 24, 1998. 

(1) Eligibility-current and former 

employees, and retirees. A current or 

former employee, or a retiree who 

performed certain Government service 

abroad described in § 842.304(e) may 

make a deposit for such service, in a 

form prescribed by OPM. 

(2) Eligibility-survivors. A survivor of 

a current employee, former employee, or 

a retiree eligible to make a deposit 

under paragraph (j)(1) of this section 

may make a deposit under this section 

if the current or former employee, or 

retiree is deceased and the survivor is 

eligible or would be eligible for a 

survivor annuity under FERS based on 

the service of the current or former 

employee, or retiree. 

(3) Filing of deposit application. An 

individual eligible to make a deposit 

under paragraphs (j)(1) and (2) of this 

section for service described in 

§ 842.304(e) must submit a written 

application to make a deposit for such 

service with the appropriate office in 

the department or agency where such 

service was performed. If the 

department or agency where the service 

was performed no longer exists, the 

individual must submit the written 

application to the appropriate office in 

the Department of State. 

(4) Time limit for filing application. 

An application to make a deposit under 

this section must be submitted on or 

before August 29, 2008. 

(5) Amount of deposit. (i) A deposit 

under this section must be computed 

using distinct periods of service. For the 

purpose of this section, a distinct period 

of service means a period of service not 

interrupted by a break in service of more 

than 3 days. A deposit may be made for 

any or all distinct periods of service. 

(ii) The amount of deposit under this 

section equals the amount of deductions 

from basic pay that would have been 

required under section 8422 of title 5, 

United States Code, if at the time the 

service was performed the service had 

been subject to FERS deductions under 

that section, plus interest. 

(6) Forms of deposit. A deposit under 

this section must be made as a single 

lump sum within 180 days of being 

notified of the deposit amount. 

(7) Processing deposit applications 

and payments. (i) The department or 

agency where the service described in 

§ 842.304(e) was performed must 

process the deposit applications and 

payments under this section. If the 

department or agency where the service 

was performed no longer exists, the 

Department of State must process the 

deposit applications and payments 

under this section. 

(ii) Whenever requested, the 

Department of State must assist the 

department or agency responsible for 

processing deposit applications under 

this section determine whether the 

application meets the requirements of 

§ 842.304(e ). 

(iii) Upon receiving a deposit 

application under this section, the 

department or agency must determine 

whether the application meets the 

requirements of § 842.304(e); compute 

the deposit, including interest; and 

advise the applicant of the total amount 

of deposit due. 

(iv) The department or agency must 

establish a deposit account showing the 

total amount due. 

(v) When it receives an individual’s 

payment for the service, the department 

or agency must remit the payment to 

OPM immediately for deposit to the 

Civil Service Retirement and Disability 

Fund in accordance with instructions 

issued by OPM. 

(vi) Once a deposit has been paid in 

full or otherwise closed out, the 

department or agency must submit the 

documentation pertaining to the deposit 

to OPM in accordance with instructions 

issued by OPM. 

(8) Government contributions. (i) The 

department or agency where service 

described in § 842.304(e) was performed 

must pay Government contributions for 

each period of service covered by a 

deposit under this section. 

(ii) The amount of contributions 

under this section equals the amount of 

Government contributions which would 

have been required for the service under 

section 8423 of title 5, United States 

50954 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

Code, if the service had been covered 

under chapter 84 of title 5, United States 

Code, plus interest. 

(iii) The department or agency must 

remit the amount of Government 

contributions under this section to OPM 

at the same time it remits the employee 

deposit for this service to OPM in 

accordance with instructions issued by 

OPM. 

(9) Interest. Interest must be 

computed as described under 

paragraphs (2) and (3) of 5 U.S.C. 

8334(e). Interest must be computed for 

each distinct period of service from the 

midpoint of each distinct period of 

service. The interest accrues annually 

on the outstanding deposit and is 

compounded annually, until the deposit 

is paid. 

(10) Effect of deposit. An individual 

completing a deposit under this section 

will receive retirement credit for the 

service covered by the deposit when 

OPM receives certification that the 

deposit has been paid in full, and the 

deposit payment and agency 

contributions are remitted to the Civil 

Service Retirement and Disability Fund. 

(11) Appeal rights. When the 

department or agency processing an 

application for deposit under this 

section determines that the individual is 

not eligible to make a deposit for a 

period of service, it must provide the 

individual with a written decision 

explaining the reason for the decision 

and explaining the individual’s right to 

appeal the decision to the Merit Systems 

Protection Board. 

[FR Doc. 05–17053 Filed 8–26–05; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

8 CFR Part 103 

[CIS No. 2245–02 and Docket No. DHS–

2004–0021] 

RIN 1615–AA88 

Adjustment of the Appeal and Motion 

Fees To Recover Full Costs 

AGENCY: U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: This rule adjusts the fee for 

filing appeals of, and motions to reopen 

or reconsider, any decision under the 

immigration laws in any type of 

proceeding other than those described at 

8 CFR 1003.1(b), over which the Board 

of Immigration Appeals (BIA) in the 

Department of Justice (DOJ) has 

appellate jurisdiction. The rule also 

adds a non-substantive modification to 

the language of the fee regulation in 

order to enhance clarity. 

This rule applies to fees for appeals 

and motions relating to the types of 

cases under the jurisdiction of the 

Administrative Appeals Office (AAO). 

The AAO is an appellate office of U.S. 

Citizenship and Immigration Services 

(USCIS). The BIA remains a component 

of DOJ, and has appellate jurisdiction 

over the orders of immigration judges, 

denials of relative immigrant visa 

petitions (Form I–130), and decisions 

involving administrative fines and 

penalties. This rule does not apply to, 

or affect in any manner, the fees 

associated with the BIA. Appeals from 

denials of all other types of 

applications, such as Applications for 

Temporary Protected Status (Form I–

821), and petitions, such as Petitions for 

Amerasian, Widow(er), or Special 

Immigrant (Form I–360), and any 

subsequently filed motions, are under 

the jurisdiction of the AAO. 

The fees, deposited into the 

Immigration Examinations Fee Account 

(IEFA), are adjusted from $110 to $385 

to recover the full costs associated with 

the processing of an appeal, motion to 

reopen or motion to reconsider. Federal 

statutes authorize USCIS to establish 

and collect fees to recover the full cost 

of processing immigration benefit 

applications, rather than supporting 

these services with tax revenue. 

Finally, the rule replaces a reference 

in the regulations to an obsolete form 

with a reference to the revised version 

of that form. 

DATES: Effective Date: This final rule is 

effective September 28, 2005. 

Compliance Date: Applications 

mailed, postmarked, or otherwise filed, 

on or after September 28, 2005 require 

the new fee. 

FOR FURTHER INFORMATION CONTACT: Paul 

Schlesinger, Director, Office of Budget, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, 20 Massachusetts Avenue, 

NW., 4th Floor, Washington, DC 20529, 

telephone (202) 272–1930. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

USCIS published a proposed rule in 

the Federal Register on November 30, 

2004, at 69 FR 69546, to adjust the fees 

for processing of an appeal, motion to 

reopen or motion to reconsider. The 

proposed rule was published with a 30- 

day comment period, which closed on 

December 30, 2004. USCIS received 14 

comments pertaining to the adjustment 

of the fees for processing of an appeal 

or motion to reopen or motion to 

reconsider. 

Comments were received from 13 

concerned individuals and one 

association. All of the relevant 

comments were carefully considered 

before preparing this final rule. USCIS’

responses to the concerns raised by the 

commenters primarily are based upon 

the November 2002 fee review report 

provided by KMPG Consulting. 

The following is a discussion of the 

comments received for the November 

30, 2004 proposed rule and USCIS’

response. 

II. Summary of Comments 

A. Why Is the Fee Increase Necessary? 

Eight comments were received 

expressing dissatisfaction with the size 

of the fee increase. Three commenters 

also stated that the increase in appeals 

and motions of 12% over the last 10 

years does not justify the proposed 

increased fees. USCIS notes, however, 

that the fee increase is not based upon 

the 12% increase in the filing of 

motions and appeals. While the fees for 

other applications have increased more 

than threefold during this time, the 

appeal and motion fee has remained the 

same. 

The increase in fees is necessary so 

that USCIS can recover the full costs of 

processing appeals and motions. 

Three commenters asserted that the 

increase in fees should also increase the 

timeliness and quality of the decisions 

rendered. Similarly, one commenter 

suggested that the AAO be added to the 

USCIS backlog reduction plan, while 

another indicated support for the 

proposed increase with the stipulation 

that the increase be used to fund 

additional resources for the AAO. 

USCIS agrees with commenters that 

the timeliness and quality of the 

decisions is important, as are increases 

in personnel and resources and notes 

that such considerations were taken into 

account during the fee review. In 

response to the commenter’s suggestion 

that the AAO be added to the USCIS 

backlog reduction plan, we note that the 

AAO has been a part of the backlog 

reduction plan since its inception. As 

indicated in the proposed rule, based on 

the increase in motion and appeal 

filings from 1993 to 2002, a fee review 

was conducted by a consulting firm to 

determine the fee necessary to ensure 

that USCIS was able to collect the full 

cost for processing motions and appeals. 

According to Office of Management and 

Budget (OMB) Circular A–25, the ‘‘full