Directs the Attorney General, upon receipt of such a request submitted through the State identification bureau or other authorized entity, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any identification and criminal history records.
Limits requests to once every 12 months of continuous employment unless the employer has good cause to submit additional requests.
Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.
Authorizes: (1) the FBI Director to collect fees to process background checks; and (2) a State to opt out from participation in the background check system.
Sets forth provisions regarding State notification of authorized employers.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2238
To permit reviews of criminal records of applicants for private
security officer employment.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 24, 2002
Mr. Levin (for himself, Mr. Thompson, Mr. Lieberman, and Mr. McConnell)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To permit reviews of criminal records of applicants for private
security officer employment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Employment
Standards Act of 2002''.
SEC. 2. 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,
property, 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,
airports, communication facilities and operations, office
complexes, schools, residential properties, apartment
complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services 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 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;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers;
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained; and
(10) standards are essential for the selection, training,
and supervision of qualified security personnel providing
security services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) provides, as an independent contractor, for
consideration, the services of private security
officers; and
(B) is authorized by the Attorney General to obtain
information provided by the State or other authorized
entity pursuant to this section.
(3) Private security officer.-- The term ``private security
officer''--
(A) means an individual who performs security
services, full- or part-time, for consideration as an
independent contractor or an employee, whether armed or
unarmed and in uniform or plain clothes, whose primary
duty is to perform security services; but
(B) does not include--
(i) sworn police officers who have law
enforcement powers in the State;
(ii) employees whose duties are primarily
internal audit or credit functions;
(iii) an individual on active duty in the
military service;
(iv) employees of electronic security
system companies acting as technicians or
monitors; or
(v) employees whose duties primarily
involve the secure movement of prisoners.
(4) Security services.--The term ``security services''
means the performance of security services as such services are
defined by regulations promulgated by the Attorney General.
SEC. 4. BACKGROUND CHECKS.
(a) In General.--
(1) Submission of fingerprints.--An authorized employer may
submit fingerprints or other means of positive identification
of an employee of such employer for purposes of a background
check pursuant to this Act.
(2) Employee rights.--
(A) Permission.--An authorized employer shall
obtain written consent from an employee to submit the
request for a background check of the employee under
this Act.
(B) Access.--An employee shall be provided
confidential access to information relating to the
employee provided pursuant to this Act to the
authorized employer.
(3) Providing records.--Upon receipt of a background check
request from an authorized employer, submitted through the
State identification bureau or other entity authorized by the
Attorney General, the Attorney General shall--
(A) search the appropriate records of the Criminal
Justice Information Services Division of the Federal
Bureau of Investigation; and
(B) promptly provide any identification and
criminal history records resulting from the background
checks to the submitting State identification bureau or
other entity authorized by the Attorney General.
(4) Frequency of requests.--An employer may request a
background check for an employee only once every 12 months of
continuous employment by that employee unless the employer has
good cause to submit additional requests.
(b) 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--
(1) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, and destruction of
information and audits, and recordkeeping;
(2) standards for qualification as an authorized employer;
and
(3) the imposition of reasonable fees necessary for
conducting the background checks.
(c) Criminal Penalty.--Whoever falsely certifies that he meets the
applicable standards for an authorized employer or who 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 not more
than $50,000 or imprisoned for not more than 2 years, or both.
(d) User Fees.--
(1) In general.--The Director of the Federal Bureau of
Investigation may--
(A) collect fees pursuant to regulations
promulgated under subsection (b) to process background
checks provided for by this Act;
(B) notwithstanding the provisions of section 3302
of title 31, United States Code, retain and use such
fees for salaries and other expenses incurred in
providing such processing; and
(C) establish such fees at a level to include an
additional amount to remain available until expended to
defray expenses for the automation of fingerprint
identification and criminal justice information
services and associated costs.
(2) State costs.--Nothing in this Act 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 Act.
(e) State Opt Out.--A State may decline to participate in the
background check system authorized by this Act by enacting a law
providing that the State is declining to participate pursuant to this
subsection.
(f) State Standards and Information Provided to Employer.--
(1) Absence of state standard.--If a State participates in
the background check system authorized by this Act and has no
State standard for qualification to be a private security
officer, the State shall notify an authorized employer whether
or not an employee has been convicted of a felony, an offense
involving dishonesty or 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.
(2) State standard.--If a State participates in the
background check system authorized by this Act and has State
standards for qualification to be a private security officer,
the State shall use the information received pursuant to this
Act in applying the State standard and shall notify the
employer of the results.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3306-3307)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3307-3308)
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