Implementation of the Private Security Officer Employment Authorization Act of 2004

Act authorizes fingerprint-based criminal history check for prospective guards


   EFFECTIVE DATE: The rule is effective January 11, 2006. Written comments must be received on or before March 13, 2006.

   ADDRESSES: All comments may be submitted to Assistant General Counsel Harold M. Sklar, Federal Bureau of Investigation, CJIS Division, 1000 Custer Hollow Road, Module E-3, Clarksburg, West Virginia 26306, or by telefacsimile to (304) 625-3944. To ensure proper handling, please reference FBI Docket No. 112 on your correspondence. You may view an electronic version of this proposed rule at http://www.regulations.gov. You may also comment via electronic mail at enexreg@leo.gov or by using the http://www.regulations.gov comment form for this regulation. When submitting comments electronically you must include RIN 1110-AA23 or FBI Docket No 112 in the subject box.

   FOR FURTHER INFORMATION CONTACT: Assistant General Counsel Harold M. Sklar, telephone number (304) 625-2000.

   SUPPLEMENTARY INFORMATION: On December 17, 2004, the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, became law. Section 6402 of that Act (The Private Security Officer Employment Authorization Act of 2004) authorizes a fingerprint-based criminal history check of state and national criminal history records to screen prospective and current private security officers. Section 6402(d)(2) requires the Attorney General to publish an interim final or final regulation within 180 days of the statute's enactment to regulate the "security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping" of the CHRI and related information; standards for qualifying an authorized employer; and the imposition of fees.

   The FBI maintains several criminal justice information systems, notably the Fingerprint Identification Record System (FIRS) and the National Crime Information Center (NCIC). Access to the FIRS is predicated upon fingerprint submission through the Integrated Automated Fingerprint Identification System (IAFIS). Previously enacted federal law authorizes similar criminal history record checks for persons engaged in other professions and occupations, such as the banking, securities, and nursing home industries. In implementing section 6402, the interim rule seeks to ensure that the exchange of CHRI and related information relating to the employment of private security guards is accomplished as fully and effectively as possible, achieving the public safety goals of section 6402 and recognizing the sensitive nature of the information involved. To that end, the Department is amending title 28 of the Code of Federal Regulations (CFR) to regulate the exchange of CHRI authorized by section 6402.

Additional Information

   The following discussion provides additional information to participating States, authorized employers, and prospective and current private security officers on the operation of the interim rule.

   a. To initiate a criminal history record check, section 6402(d)(1)(A) requires the submission of "fingerprints or other means of positive identification * * *." The IAFIS presently utilizes ten rolled fingerprints (captured or submitted manually or electronically) to effectuate a search of the FBI's criminal history repository. Effective June 15, 2005, IAFIS has begun to also accept ten "flat" fingerprint impressions for noncriminal justice purposes subject to certain conditions. Other forms of positive identification cannot currently be accepted.

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