records that it receives from the Attorney General to the
requesting employer within one business day of receiving
them.
(6) An association designated under this section shall
provide a copy to the appropriate licensing authorities or
regulatory agencies in the States of the requests it makes
on behalf of employers for identification and criminal his-
tory records. The association shall also provide a copy of
the information it transfers to employers to such States.
(b) REGULATIONS.—The Attorney General may pre-
scribe such regulations as may be necessary to carry out
this section, including measures relating to the security,
confidentiality, accuracy, use, and dissemination of infor-
mation and audits and recordkeeping and the imposition
of fees necessary for the recovery of costs.
(c) REPORT.—The Attorney General shall report to
the Senate and House Committees on the Judiciary 2
years after the date of enactment of this bill on the num-
ber of inquiries made by the association of employers
under this section and their disposition.
SEC. 4. CONFORMING AMENDMENTS.
Subsection (d) of section 534 of title 28, United
States Code, is amended by adding the following para-
graph:
‘‘(3) an association of employers of private se-
curity officers designated by the Attorney General
for purposes of conducting background checks on
employees or prospective employees.’’.
SEC. 5. CRIMINAL PENALTY.
Whoever knowingly and intentionally uses any infor-
mation obtained pursuant to section 3 other than for the
purpose of determining the suitability of an individual for
employment as a private security officer shall be fined not
more than $50,000 or imprisoned for not more than two
years, or both.
SEC. 6. EMPLOYER LIABILITY.
Where an employer of private security officers rea-
sonably relies for employment determinations upon crimi-
nal history information provided by the Attorney General,
such employer shall not be liable in any action for damages
based on such employment determinations.
SEC. 7. DEFINITIONS.
As used in this Act—
(1) the term ‘‘Attorney General’’ includes any
person or entity designated by the Attorney General,
including the Federal Bureau of Investigation;
(2) the term ‘‘employee’’ includes an applicant
for employment;
(3) the term ‘‘employer’’ means any person
that—
(A) provides, as an independent contractor,
for consideration, the services of one or more
private security officers (possibly including one-
self); and
(B) is licensed by one or more States as a
provider of private security services, or is cer-
tified as such by the chief law enforcement offi-
cer of one or more States;
(4) the term ‘‘fingerprint’’ includes any other
method of positive identification approved by the At-
torney General;
(5) the term ‘‘private security officer’’—
(A) means an individual who performs se-
curity services, full or part time, for consider-
ation as an independent contractor or an em-
ployee, whether armed or unarmed and in uni-
form or plain clothes whose primary duty is to
perform security services, but
(B) does not include—
(i) sworn police officers who have law
enforcement powers in the State,
(ii) attorneys, accountants, and other
professionals who are otherwise licensed in
the State,
(iii) employees whose duties are pri-
marily internal audit or credit functions,
(iv) persons whose duties may inciden-
tally include the reporting or apprehension
of shoplifters or trespassers,
(v) an individual on active duty in the
military service,
(vi) employees of electronic security
system companies acting as technicians or
monitors,
(vii) employees whose duties primarily
involve the secure movement of prisoners,
or
(viii) employees of armored vehicle
companies;
(6) the term ‘‘security services’’ means the per-
formance of one or more of the following:
(A) the observation or reporting of intru-
sion, larceny, vandalism, fire or trespass;
(B) the deterrence of theft or misappro-
priation of any goods, money, or other item of
value;
(C) the observation or reporting of any un-
lawful activity;
(D) the protection of individuals or prop-
erty, including proprietary information, from
harm or misappropriation;
(E) the control of access to premises being
protected;
(F) the maintenance of order and safety at
athletic, entertainment, or other public activi-
ties; and
(G) the provision of canine services for
protecting premises or for the detection of any
unlawful device or substance; and
(7) the term ‘‘State’’ means any of the several
States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
SEC. 8. USER FEES.
Notwithstanding any other provision of law, the At-
torney General may collect a user fee for a request, under
any applicable law, for an individual’s criminal history in-
formation.