118 STAT. 3757 PUBLIC LAW 108–458—DEC. 17, 2004 (ii) promptly provide any resulting identification and criminal history record information to the submit- ting State identification bureau requesting the information. (D) USE OF INFORMATION.— (i) IN GENERAL.—Upon receipt of the criminal his- tory record information from the Attorney General by the State identification bureau, the information shall be used only as provided in clause (ii). (ii) TERMS.—In the case of— (I) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been— (aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or (bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days; or (II) a participating State that has State stand- ards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State stand- ards and shall only notify the employer of the results of the application of the State standards. (E) FREQUENCY OF REQUESTS.—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. (2) REGULATIONS.—Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including— (A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping; (B) standards for qualification as an authorized employer; and (C) the imposition of reasonable fees necessary for conducting the background checks. (3) CRIMINAL PENALTIES FOR USE OF INFORMATION.—Who- ever knowingly and intentionally uses any information obtained pursuant to this Act 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, United States Code, or imprisoned for not more than 2 years, or both. (4) USER FEES.— (A) IN GENERAL.—The Director of the Federal Bureau of Investigation may— Deadline. Notification. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00291 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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