118 STAT. 3756 PUBLIC LAW 108–458—DEC. 17, 2004 information search of an employee through a State identi- fication bureau pursuant to this section. (3) PRIVATE SECURITY OFFICER.—The term ‘‘private security officer’’— (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full or part time, for consid- eration, whether armed or unarmed and in uniform or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines by regu- lation that such exclusion would serve the public interest); but (B) does not include— (i) employees whose duties are primarily internal audit or credit functions; (ii) employees of electronic security system compa- nies acting as technicians or monitors; or (iii) employees whose duties primarily involve the secure movement of prisoners. (4) SECURITY SERVICES.—The term ‘‘security services’’ means acts to protect people or property as defined by regula- tions promulgated by the Attorney General. (5) STATE IDENTIFICATION BUREAU.—The term ‘‘State identi- fication bureau’’ means the State entity designated by the Attorney General for the submission and receipt of criminal history record information. (d) CRIMINAL HISTORY RECORD INFORMATION SEARCH.— (1) IN GENERAL.— (A) SUBMISSION OF FINGERPRINTS.—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 Gen- eral, of an employee of such employer for purposes of a criminal history record information search pursuant to this Act. (B) EMPLOYEE RIGHTS.— (i) PERMISSION.—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 Act. (ii) ACCESS.—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 Act. (C) PROVIDING INFORMATION TO THE STATE IDENTIFICA- TION BUREAU.—Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this Act, submitted through the State identification bureau of a participating State, the Attorney General shall— (i) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00290 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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