113 S2647 IS: Security Officer Screening Improvement Act of 2014
U.S. Senate
2014-07-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the
Security Officer Screening Improvement Act of 2014
.
2.
Congress finds the following:
(1)
The Integrated
Automated Fingerprint Identification System of the Federal Bureau of
Investigation maintains fingerprints and criminal history records on more
than
71,000,000 individuals.
(2)Congress has worked with the States to make criminal history background checks available to
employers of private security officers through the Private Security
Officer Employment Authorization Act of 2004 (28 U.S.C. 534 note) and
statutes enacted by dozens of States in compliance with Public Law 92–544.
However, there are still numerous persons employed as private security
officers, entrusted to safeguard and protect people and property, who do
not undergo criminal history background checks authorized by Federal and
State law.
3.
The National Child
Protection Act of 1993 (42 U.S.C. 5119 et seq.) is amended—
(1)
by redesignating
section 5 as section 6; and
(2)
by inserting
after section 4 the following:
5.
Program for
national criminal history background checks
(a)
In
this section—
(1)
the term
background check designee means the entity designated by the
Attorney General under subsection (b)(3) to carry out the duties
described in
subsection (c);(2)the term covered entity means any person that employs a private security officer;
(3)
the term
covered individual means an individual who is employed or applying for employment as a private security officer;
(4)
the term
criminal history review designee means the entity designated by
the Attorney General under subsection (b)(2) to carry out the
criminal history
review program;
(5)
the term
criminal history review program means the program established
under subsection (d);
(6)
the term
qualified State program means a program of a State authorized
agency that provides access to national criminal history background
checks, as
authorized by Federal or State law;(7)the term private security officer has the meaning given the term in subsection (c)(3) of the Private Security Officer Employment
Authorization Act of 2004 (28 U.S.C. 534 note);
and
(8)
the term
State means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Virgin Islands,
Guam, the Commonwealth of the Northern Mariana Islands, the
Federated States of
Micronesia, the Republic of the Marshall Islands, and the Republic
of Palau.
(b)
(1)
The
purpose of this subsection is to facilitate widespread access to
State and
national criminal history background checks, not otherwise
authorized by
Federal or State law, on private security officers and prospective
private security officers.
(2)
Not later than 1 year after the date of enactment of the
Security Officer Screening Improvement Act of 2014, the Attorney
General shall establish—
(A)
policies and
procedures to carry out the duties described in subsection (c); and
(B)
a criminal
history review program in accordance with subsection (d).
(3)
The
Attorney General may designate 1 or more Federal Government
agencies to carry
out the duties described in subsection (c).
(c)
Access to state
and national background checks
(1)
The
Attorney General shall—
(A)
inform covered
entities about how to request State and
national
background checks—
(i)
for covered
entities located in a State with a
qualified State
program, by referring the covered entity to
the State
authorized agency; or
(ii)
for covered
entities located in a State without a
qualified State
program, by providing information on alternative methods of
obtaining a State
and national background check;
(B)
complete a check
of the national criminal history background check system; and
(C)
provide
information received in response to such national criminal history
background
check to the criminal history review designee.
(2)
A request for a State and national criminal history
background check shall include—
(A)
the fingerprints
of the covered individual;
(B)
other documents
required by State law for a State criminal history background
check; and
(C)
the appropriate
fee.
(3)
The
Attorney General shall, in addition to the fee for the non-criminal
justice, non-law enforcement
national criminal history background check authorized under title
II of the Department of Justice Appropriations Act, 1991 under the heading Salaries and expenses
under the heading Federal Bureau of Investigation
(Public Law 101–105; 28 U.S.C. 534 note)—
(A)
collect a fee to
offset the costs of carrying out the duties described in subsection
(d), in an
amount equal to the cost of conducting the criminal history review;
and
(B)
remit such fee to
the Federal Bureau of Investigation.
(d)
Criminal
history review program
(1)
The
purpose of this subsection is to provide covered entities with
reliable and
accurate information regarding the fitness of the covered
individuals for performing security services.
(2)
The
Attorney General or designee shall—
(A)
establish
procedures to securely receive criminal history records;
(B)
make
determinations regarding whether the criminal history records
received in
response to a criminal history background check conducted under
this section
indicate that the covered individual has a criminal history that
may bear on
the covered individual's fitness to perform security services; and
(C)
convey to the
covered entity that submitted the request for a State and national
criminal
history background check—
(i)
the fitness and
suitability of the covered individual based solely on the criteria
described in
paragraph (3); and
(ii)
instructions and
guidance that the covered entity should consult the Equal
Employment
Opportunity Commission Enforcement Guidance #915.002, dated April
25, 2012,
Consideration of Arrest and Conviction Records in Employment Decisions
under Title VII of the Civil Rights Act of 1964, or any successor
thereto, issued by the United States Equal Employment Opportunity
Commission.
(3)
Criminal
history review criteria
In determining whether a criminal history
record indicates that a covered individual has a criminal history
that may bear
on the fitness of the covered individual to perform security
services, the
Attorney General or designee shall employ the criteria used to
evaluate
individuals under the Private Security
Officer Employment Authorization Act of 2004 (28 U.S.C. 534 note).
(4)
(A)
The Attorney General shall establish the process by which
a covered entity in a State without a
qualified State
program may obtain a State and national criminal history background
check.
(B)
Challenge to
completeness of record
A covered individual may challenge the
completeness of any information in the criminal history record of
the
individual by contacting the Federal Bureau of Investigation under
the
procedure set out in section 16.34 of title 28, Code of Federal
Regulations, or
any successor thereto.
(5)
The Attorney General or designee shall determine
whether an entity is a covered entity.
(6)
(A)
Any entity authorized to receive or transmit fingerprints
or criminal history records under this section—
(i)
shall use the
fingerprints, criminal history records, or information in the
criminal history
records only for the purposes specifically set forth in this
section;
and
(ii)
shall maintain
adequate security measures to ensure the confidentiality of the
fingerprints,
the criminal history records, and the information in the criminal
history
records.
(B)
Retention of
fingerprints by the FBI
In accordance with State or Federal
procedures, for the purpose of providing fingerprint verification,
criminal
investigation or subsequent hit notification services, or for the
retention of
criminal history, the Federal Bureau of Investigation may retain
any
fingerprints submitted to the Federal Bureau of Investigation under
this
section.
(7)
Nothing in this subsection shall be construed to
change or replace any background check program authorized by
Federal or State
law on the day before the date of enactment of the
Security Officer Screening Improvement Act of 2014.
.