This section may be cited as the "Private Security Officer Employment Authorization Act of 2004".
Congress finds that-
In this section:
The term "employee" includes both a current employee and an applicant for employment as a private security officer.
The term "authorized employer" means any person that-
The term "private security officer"-
The term "security services" means acts to protect people or property as defined by regulations promulgated by the Attorney General.
The term "State identification bureau" means the State entity designated by the Attorney General for the submission and receipt of criminal history record information.
An authorized employer may submit to the State identification bureau of a participating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this section.
An authorized employer shall obtain written consent from an employee to submit to the State identification bureau of the participating State the request to search the criminal history record information of the employee under this section.
An authorized employer shall provide to the employee confidential access to any information relating to the employee received by the authorized employer pursuant to this section.
Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this section, submitted through the State identification bureau of a participating State, the Attorney General shall-
Upon receipt of the criminal history record information from the Attorney General by the State identification bureau, the information shall be used only as provided in clause (ii).
In the case of-
An authorized employer may request a criminal history record information search for an employee only once every 12 months of continuous employment by that employee unless the authorized employer has good cause to submit additional requests.
Not later than 180 days after December 17, 2004, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this section, including-
Whoever knowingly and intentionally uses any information obtained pursuant to this section other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined under title 18, or imprisoned for not more than 2 years, or both.
The Director of the Federal Bureau of Investigation may-
Any fee collected under this subsection-
Nothing in this section shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this section.
A State may decline to participate in the background check system authorized by this section by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this subsection.
34 U.S.C. § 41106
EDITORIAL NOTES
REFERENCES IN TEXTPublic Law 101-515, referred to in subsec. (d)(4)(B)(i), is Pub. L. 101-515, Nov. 5, 1990, 104 Stat. 2101. For complete classification of this Act to the Code, see Tables.Public Law 104-99, referred to in subsec. (d)(4)(B)(i), is Pub. L. 104-99, Jan. 26, 1996, 110 Stat. 26. For complete classification of this Act to the Code, see Tables.
CODIFICATIONSection was formerly classified as a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section.