118 STAT. 3755 PUBLIC LAW 108–458—DEC. 17, 2004 Subtitle E—Criminal History Background Checks SEC. 6401. PROTECT ACT. Public Law 108–21 is amended— (1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and inserting ‘‘a 30-month’’; and (2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and inserting ‘‘a 30-month’’. SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRI- VATE SECURITY OFFICER EMPLOYMENT. (a) SHORT TITLE.—This section may be cited as the ‘‘Private Security Officer Employment Authorization Act of 2004’’. (b) FINDINGS.—Congress finds that— (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime; (3) such private security officers protect individuals, prop- erty, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, air- ports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others; (4) sworn law enforcement officers provide significant serv- ices to the citizens of the United States in its public areas, and are supplemented by private security officers; (5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional, reliable, and responsible security officers for the protection of people, facilities, and institutions; (6) the trend in the Nation toward growth in such security services has accelerated rapidly; (7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes, including terrorism; (8) the American public deserves the employment of quali- fied, well-trained private security personnel as an adjunct to sworn law enforcement officers; and (9) private security officers and applicants for private secu- rity officer positions should be thoroughly screened and trained. (c) DEFINITIONS.—In this section: (1) EMPLOYEE.—The term ‘‘employee’’ includes both a cur- rent employee and an applicant for employment as a private security officer. (2) AUTHORIZED EMPLOYER.—The term ‘‘authorized employer’’ means any person that— (A) employs private security officers; and (B) is authorized by regulations promulgated by the Attorney General to request a criminal history record Private Security Officer Employment Authorization Act of 2004. 28 USC 534 note. 42 USC 5119a note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00289 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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