(B) complete a check of the national crimi-
nal history records system; 
(C) establish procedures for the secure re-
ceipt of criminal history records; 
(D) make determinations regarding wheth-
er the criminal history records received in re-
sponse to a background check conducted under 
this section indicate, that the employee or pro-
spective employee has a criminal history that 
may bear on the employee’s or prospective em-
ployee’s fitness for employment in the electronic 
life safety and security systems industry, based 
on whether the employee or prospective em-
ployee has, during the 10-year period before the 
background check is conducted, been convicted 
of or imprisoned for a felony or an offense in-
volving dishonesty or false statement or the use 
of force against the person of another; and 
(E) convey to the covered entity requesting 
the background check, the fitness determination 
of the employee or prospective employee. 
(3) PROVISION
OF
RECORDS
TO
EMPLOYEES 
AND PROSPECTIVE EMPLOYEES AND OPPORTUNITY 
TO CHALLENGE OR WITHDRAW CONSENT.— 
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(A) IN
GENERAL.—When the Attorney 
General makes a determination under para-
graph (2) that an employee’s or prospective em-
ployee’s criminal history may bear on that em-
ployee’s or prospective employee’s fitness for 
employment, the Attorney General shall provide 
the employee or prospective employee with the 
criminal history records of the employee or pro-
spective employee and a detailed notification of 
the rights of the employee or prospective em-
ployee under this paragraph. 
(B) OPPORTUNITY
TO
CHALLENGE
OR 
WITHDRAW
CONSENT.—An employee or pro-
spective employee described in subparagraph 
(A) may challenge the accuracy or completeness 
of any information in the criminal history 
record or to withdraw consent to participate in 
the fitness determination under procedures the 
Attorney General shall establish. 
(4) FEES.—The Attorney General shall collect 
from an employer requesting a fitness determination 
under this section a fee to offset the costs of car-
rying out the duties described in this section, includ-
ing this subsection, in an amount equal to the sum 
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of the actual cost of conducting the fitness deter-
mination and other criteria. 
(e) PRIVACY OF INFORMATION.— 
(1) PROHIBITION ON UNAUTHORIZED DISCLO-
SURE OR USE OF CRIMINAL HISTORY RECORDS.— 
Except for an employee or prospective employee, any 
entity or individual authorized to receive or transmit 
fingerprints or criminal history records under this 
section— 
(A) shall use the fingerprints, criminal his-
tory records, or information in the criminal his-
tory records only for the purposes specifically 
set forth in this section; and 
(B) shall maintain adequate security meas-
ures to ensure the confidentiality of the finger-
prints, the criminal history records, and the in-
formation in the criminal history records. 
(2) COMPLIANCE.—The Attorney General shall 
issue regulations— 
(A) to ensure the enforcement of the non-
disclosure requirements under paragraph (1) 
and to provide for appropriate sanctions in the 
case of violations of the requirements; and 
(B) to ensure the non-retention of finger-
prints and records obtained under this section 
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by entities outside the Department of Justice 
for periods longer than those necessary to carry 
out the functions for which the records were ob-
tained. 
Æ 
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