FBI Sends Private Security Officer Vetting Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affair announced that it had received a final rule from the Federal Bureau of Investigation on “Implementation of the Private Security Officer Employment Authorization Act of 2004”. An interim final rule on the topic was published on January 11^th, 2006.

According to the Fall 2022 Unified Agenda listing for this rulemaking:

“The Private Security Officer Employment Authorization Act of 2004, Public Law 108-458, section 6402(d)(2) (the Act), requires the Attorney General to issue rules to regulate the security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and recordkeeping of the criminal history record information and related information; standards for qualifying an authorized employer; and the imposition of fees. This rule amends title 28 of the Code of Federal Regulations to implement the Act. The rule authorizes access to FBI-maintained justice information systems to authorize a fingerprint-based check of State and national criminal history records to screen prospective and current private security officers.”

According to the Statute, the final rule was due on June 15^th, 2005. Just another case of unenforceable congressional regulatory mandates.