[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3263 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3263

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 establish a national clearinghouse to assist in background checks of 
                      law enforcement applicants.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 17, 1996

   Mr. Johnston of Florida (for himself, Mr. Frost, Ms. Lofgren, Mr. 
McDermott, Mr. Thompson, Mrs. Thurman, Mrs. Meek of Florida, Mr. Shaw, 
 Mrs. Mink of Hawaii, Mr. Canady of Florida, Mr. Rahall, Mr. Bryant of 
Texas, Ms. Norton, and Mr. Frazer) introduced the following bill; which 
               was referred to the Committee on Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 establish a national clearinghouse to assist in background checks of 
                      law enforcement applicants.

    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 ``Law Enforcement and Correctional 
Officers Employment Registration Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) law enforcement officials, including members of the 
        International Association of Chiefs of Police, recognize that 
        violent crime represents the greatest threat to the safety and 
        security of citizens and that dedicated, ethical law 
        enforcement professionals, and lawful initiatives and 
        participation by members of the community represent the best 
        hope of responding to the challenges of violent crime;
            (2) the International Association of Chiefs of Police 
        acknowledges that a few officers choose to violate the public 
        trust by abusing their authority or by breaking the law and 
        that such officers should not be permitted to seek police 
        employment in another State or jurisdiction with the 
        expectation that they will be able to conceal their history of 
        misconduct;
            (3) there have been numerous documented cases of officers 
        who have obtained officer employment and certification in a 
        State after revocation of officer certification or dishonorable 
        discharge in another State;
            (4) a national clearinghouse of officer employment 
        histories would enable each criminal justice agency to conduct 
        thorough background checks on officer applicants and to assure 
        that only honest ethical officers are permitted to serve; and
            (5) Federal legislation is needed that would require 
        Federal registration of employment termination data of law 
        enforcement officers and correctional officers.

SEC. 3. REGISTRATION.

    Subpart 1 of part E of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end 
the following:

 ``registration of employment data of law enforcement and correctional 
                                officers

    ``Sec. 509a. (a)(1) The Governor of each State, or chief executive 
of each Territory of the United States, that receives funds under 
section 506 in a fiscal year shall designate an official or agency 
which shall submit to an officer or agency designated by the Attorney 
General of the United States, a list of all law enforcement and 
correctional officers who held such office in such State or territory 
on or since January 1, 1990, in accordance with paragraph (2). Such 
list shall be updated and supplemented by agencies or officials 
responsible for submission of employment data in accordance with 
subsection (b).
    ``(2) Such list shall include the names (and any former names), 
dates of birth, social security numbers, Federal Bureau of 
Investigation fingerprint identification numbers if known, the dates of 
appointment as officers if known, the names and addresses or National 
Crime Information Center numbers of the appointing or employing 
agencies, and, if applicable, the dates such service ended for such 
officers.
    ``(b) The agency or official responsible for submission of such 
employment data shall, not later than 90 days after an officer's 
employment, appointment, or separation from employment or appointment, 
notify the agency or officer designated by the Attorney General of the 
United States to receive such employment data, that a law enforcement 
officer or correctional officer has been appointed or employed as an 
officer, or that a registered officer is no longer empowered or 
employed as such. If the former officer has had officer certification 
revoked for cause, that fact shall be reported.
    ``(c) For purposes of this section--
            ``(1) the term `law enforcement officer' means an 
        individual who is elected or appointed by a State or territory, 
        or a political subdivision thereof, or by a Native American 
        Indian tribe or band, to conserve the peace, or to make arrests 
        or serve warrants, or to otherwise possess or exercise the 
        authority of a peace officer in such State or territory; and
            ``(2) the term `correctional officer' means an individual 
        who is elected or appointed by a State or territory, or a 
        political subdivision thereof, to guard or supervise prisoners 
        or inmates of jails or other detention, penal, or correctional 
        facilities.
A `law enforcement officer' or `correctional officer' includes an 
individual whether compensated for services or not, whether full- or 
part-time, and whether appointment, election, or term of office is 
temporary or permanent. Such terms do not include citizens who are 
called to assist an officer in the performance of the officer's duties 
unless such citizen received a deputation or commission of appointment 
lasting longer than 30 days.
    ``(d)(1) As a condition of employment, each State, territory, or 
political subdivision thereof, that employs law enforcement officers or 
correctional officers shall require all applicants for appointment to 
or employment in such positions before beginning employment--
            ``(A) to disclose all prior service or employment as a law 
        enforcement or correctional officer; and
            ``(B) to submit a written authorization and request for 
        release of information, on a form prescribed by the Attorney 
        General or designee.
    ``(2) When a prospective law enforcement or correctional employer 
obtains an officer's required written authorization and request for 
release of information, the Attorney General (or designee) is directed 
to release all data collected under subsections (a) and (b) of this 
section to such prospective employer.
    ``(3) Upon receipt of a completed written authorization and request 
for release of information and not later than 30 days after such 
officer is first appointed or employed or at any time prior to the 
appointment or employment of an applicant, each State, territory, and 
political subdivision thereof shall notify the Attorney General (or 
designee).
    ``(e) The Attorney General shall issue regulations for the 
implementation of this section and the operation of the employment data 
clearinghouse.
    ``(f) Agencies or agency administrators who submit employment or 
officer certification data pursuant to this section are presumed to be 
acting in good faith and, unless lack of good faith is shown by clear 
and convincing evidence, are immune from civil liability for such 
disclosure or its consequences. The presumption of good faith is 
rebutted upon a showing that the data was submitted with knowledge of 
its falsity or was submitted with the malicious intent to deliberately 
mislead.''.

SEC. 4. EFFECTIVE DATES.

    (a) In General.--This Act shall take effect on January 1, 1997.
    (b) Information Compliance.--Lists required under section 509a(a) 
of the Omnibus Crime Control and Safe Streets Act of 1968 shall be 
submitted not later than 180 days after the enactment of this Act.
    (c) State Compliance.--Beginning not later than 180 days after the 
date of the enactment of this Act, each State, territory, or political 
subdivision thereof, shall comply with the requirements described in 
subsection (d) of section 509a of the Omnibus Crime Control and Safe 
Streets Act of 1968.

SEC. 5. REPORTS.

    Not later than 2 years after the date of the enactment of this Act, 
the Attorney General, upon consultation with the Director of the Bureau 
of Justice Assistance, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and the Senate evaluating the 
compliance of the States with the requirements of section 509a of the 
Omnibus Crime Control and Safe Streets Act of 1968, and listing each 
State that has failed materially to comply with the requirements of 
this section. Such subsequent reports shall be presented as are deemed 
appropriate by the Attorney General.
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