This section may be cited as the “Private Security Officer Employment Authorization Act of 2004”.
The term “employee” includes both a current employee and an applicant for employment as a 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 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).
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.
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.
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.