34 U.S.C. § 41106 — Reviews of criminal records of appli-

Page 638 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41106 (2) The term ‘‘nursing facility’’ means a fa- cility or institution (or a distinct part of an institution) that is primarily engaged in pro- viding to residents of the facility or institu- tion nursing care, including skilled nursing care, and related services for individuals who require medical or nursing care. (j) This section shall apply without fiscal year limitation. (Pub. L. 105–277, div. A, § 101(b) [title I, § 124], Oct. 21, 1998, 112 Stat. 2681–50, 2681–73.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. § 41106. Reviews of criminal records of appli- cants for private security officer employment (a) Short title This section may be cited as the ‘‘Private Se- curity 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 pre- vent crime; (3) such private security officers protect in- dividuals, property, and proprietary informa- tion, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high tech- nology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and oper- ations, office complexes, schools, residential properties, apartment complexes, gated com- munities, and others; (4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are sup- plemented by private security officers; (5) the threat of additional terrorist attacks requires cooperation between public and pri- vate sectors and demands professional, reli- able, and responsible security officers for the protection of people, facilities, and institu- tions; (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 se- rious and violent crimes, including terrorism; (8) the American public deserves the employ- ment of qualified, well-trained private secu- rity personnel as an adjunct to sworn law en- forcement officers; and (9) private security officers and applicants for private security 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 employ- ment 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 promul- gated by the Attorney General to request a criminal history record information search of an employee through a State identifica- tion bureau pursuant to this section. (3) Private security officer The term ‘‘private security officer’’— (A) means an individual other than an em- ployee of a Federal, State, or local govern- ment, whose primary duty is to perform se- curity 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 section if the Attorney General determines by regula- tion 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 sys- tem companies 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 regu- lations promulgated by the Attorney General. (5) State identification bureau The term ‘‘State identification bureau’’ means the State entity designated by the At- torney 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 partici- pating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this section. (B) Employee rights (i) Permission An authorized employer shall obtain written consent from an employee to sub- mit to the State identification bureau of the participating State the request to search the criminal history record infor- mation of the employee under this section. (ii) Access An authorized employer shall provide to the employee confidential access to any information relating to the employee re- Page 639 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41106 ceived by the authorized employer pursu- ant to this section. (C) Providing information to the State identi- fication bureau Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this sec- tion, submitted through the State identi- fication bureau of a participating State, the Attorney General shall— (i) search the appropriate records of the Criminal Justice Information Services Di- vision of the Federal Bureau of Investiga- tion; and (ii) promptly provide any resulting iden- tification and criminal history record in- formation to the submitting State identi- fication bureau requesting the informa- tion. (D) Use of information (i) In general Upon receipt of the criminal history record information from the Attorney General by the State identification bu- reau, 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 state- ment if the conviction occurred during the previous 10 years, or an offense in- volving the use or attempted use of physical force against the person of an- other 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 standards for qualification to be a private security officer, the State shall use the information received pursuant to this section 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 December 17, 2004, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this section, includ- ing— (A) measures relating to the security, con- fidentiality, accuracy, use, submission, dis- semination, destruction of information and audits, and record keeping; (B) standards for qualification as an au- thorized employer; and (C) the imposition of reasonable fees nec- essary for conducting the background checks. (3) Criminal penalties for use of information Whoever knowingly and intentionally uses any information obtained pursuant to this sec- tion other than for the purpose of determining the suitability of an individual for employ- ment as a private security officer shall be fined under title 18, or imprisoned for not more than 2 years, or both. (4) User fees (A) In general The Director of the Federal Bureau of In- vestigation may— (i) collect fees to process background checks provided for by this section; and (ii) establish such fees at a level to in- clude an additional amount to defray ex- penses for the automation of fingerprint identification and criminal justice infor- mation services and associated costs. (B) Limitations Any fee collected under this subsection— (i) shall, consistent with Public Law 101–515 and Public Law 104–99, be credited to the appropriation to be used for salaries and other expenses incurred through pro- viding the services described in such Pub- lic Laws and in subparagraph (A); (ii) shall be available for expenditure only to pay the costs of such activities and services; and (iii) shall remain available until ex- pended. (C) State costs Nothing in this section shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this section. (5) State opt out A State may decline to participate in the background check system authorized by this section by enacting a law or issuing an order by the Governor (if consistent with State law) providing that the State is declining to par- ticipate pursuant to this subsection. (Pub. L. 108–458, title VI, § 6402, Dec. 17, 2004, 118 Stat. 3755.) Editorial Notes REFERENCES IN TEXT Public Law 101–515, referred to in subsec. (d)(4)(B)(i), is Pub. L. 101–515, Nov. 5, 1990, 104 Stat. 2101. For com- plete classification of this Act to the Code, see Tables. Public Law 104–99, referred to in subsec. (d)(4)(B)(i), is Pub. L. 104–99, Jan. 26, 1996, 110 Stat. 26. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified as a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, Page 640 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 41107 prior to editorial reclassification and renumbering as this section. § 41107. Access to the national crime information databases by tribes (1) In general The Attorney General shall ensure that— (A) tribal law enforcement officials that meet applicable Federal or State requirements shall be permitted access to national crime in- formation databases; and (B) technical assistance and training is pro- vided to Bureau of Indian Affairs and tribal law enforcement agencies to gain access to, and the ability to use and input information into, the National Crime Information Center and other national crime information data- bases pursuant to section 534 of title 28. (2) Sanctions For purpose of sanctions for noncompliance with requirements of, or misuse of, national crime information databases and information obtained from those databases, a tribal law en- forcement agency or official shall be treated as Federal law enforcement agency or official. (3) NCIC Each tribal justice official serving an Indian tribe shall be considered to be an authorized law enforcement official for purposes of access to the National Crime Information Center of the Federal Bureau of Investigation. (Pub. L. 111–211, title II, § 233(b), July 29, 2010, 124 Stat. 2279; Pub. L. 117–103, div. W, title VIII, § 802(a), Mar. 15, 2022, 136 Stat. 897.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. Section is comprised of subsec. (b) of section 233 of Pub. L. 111–211. Subsec. (a) of section 233 amended sec- tion 534 of Title 28, Judiciary and Judicial Procedure. AMENDMENTS 2022—Par. (1). Pub. L. 117–103, § 802(a)(1), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘The Attorney General shall en- sure that tribal law enforcement officials that meet ap- plicable Federal or State requirements be permitted ac- cess to national crime information databases.’’ Par. (3). Pub. L. 117–103, § 802(a)(2), struck out ‘‘with criminal jurisdiction over Indian country’’ after ‘‘In- dian tribe’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. DEFINITIONS For definition of ‘‘Indian tribe’’ used in this section, see section 203(a) of Pub. L. 111–211, set out as a note under section 2801 of Title 25, Indians. CHAPTER 413—CRIME REPORTS AND STATISTICS Sec. 41301. Report to Congress on sexual exploitation of children. 41302. Acquisition of statistical data on child abuse. 41303. Uniform Federal Crime Reporting Act of 1988. 41304. Family and domestic violence: data collec- tion and reporting. 41305. Hate crime statistics. 41306. Report to Congress on banking law offenses. 41307. Reporting requirement for missing children. 41308. State requirements for reporting missing children. 41309. Reporting on human trafficking. 41310. Report on theft of trade secrets occurring abroad. 41311. Improving Department of Justice data collec- tion on mental illness involved in crime. 41312. Report on female genital mutilation. 41313. GAO study on incidence of fatal and non-fatal physical and sexual assault of passengers, TNC drivers, and drivers of other for-hire vehicles. § 41301. Report to Congress on sexual exploi- tation of children Beginning one hundred and twenty days after May 21, 1984, and every year thereafter, the At- torney General shall report to the Congress on prosecutions, convictions, and forfeitures under chapter 110 of title 18. (Pub. L. 98–292, § 9, May 21, 1984, 98 Stat. 206.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 522 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification and renumbering as this section. § 41302. Acquisition of statistical data on child abuse (a) Data acquisition for 1987 and 1988 The Attorney General shall acquire from criminal justice agencies statistical data, for the calendar years 1987 and 1988, about the inci- dence of child abuse, including child sexual abuse, and shall publish annually a summary of such data. (b) Modification of uniform crime reporting pro- gram (1) As soon as practicable, but in no case later than January 1, 1989, the Attorney General shall modify the uniform crime reporting program in the Federal Bureau of Investigation to include data on the age of the victim of the offense and the relationship, if any, of the victim to the of- fender, for types of offenses that may involve child abuse, including child sexual abuse. (2) The modification, once made, shall remain in effect until the later of— (A) 10 years after the date it is made; or (B) such ending date as may be set by the Attorney General. (Pub. L. 99–401, title I, § 105, Aug. 27, 1986, 100 Stat. 906.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 5101 of Title 42, The Public Health and Welfare,