[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 484 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 484

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              March 2 (legislative day, February 22), 1995

  Mr. Graham introduced the following bill; which was read twice and 
               referred to the Committee on the 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 
   applicants for law enforcement positions, and for other purposes.

    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 1995''.

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 community initiatives with 
        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; such 
        officers should not be able 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 ensure 
        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. 3751 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)(A) The Governor of each State, and the chief 
executive of each territory of the United States, the District of 
Columbia, and each Native American Indian tribe or band that receives 
funds under section 506 shall ensure that the State peace officer 
standards board of such jurisdiction, or its equivalent, shall prepare, 
electronically maintain, and submit a list of all law enforcement and 
correctional officers employed on or after January 1, 1995, in such 
State or territory, the District of Columbia, or Native American Indian 
tribe or band to the officer or agency designated by the Attorney 
General of the United States pursuant to subsection (d).
    ``(B) The head of each department, agency, or other entity in the 
executive branch of the United States Government that employs law 
enforcement or correctional officers shall prepare, electronically 
maintain, and submit a list of all such officers employed on or after 
January 1, 1995, to the officer or agency designated by the Attorney 
General of the United States pursuant to subsection (d).
    ``(2) Each list prepared pursuant to this subsection shall be 
updated and supplemented by the agencies or officials responsible for 
the submission of the list, in accordance with subsection (b), and 
shall include, for each officer listed--
            ``(A) the name (and any former names) of the officer;
            ``(B) the date of birth;
            ``(C) the social security number;
            ``(D) the Federal Bureau of Investigation fingerprint 
        identification number, if known;
            ``(E) the date of appointment as officer, if known;
            ``(F) the name and address or National Crime Information 
        Center number of the appointing or employing agency; and
            ``(G) the date such service ended for such officer, if 
        applicable.
    ``(b) Not later than 90 days after the date on which an officer has 
been employed, appointed, or separated from employment or appointment, 
the agency or official responsible for the submission of the list under 
subsection (a) shall so notify the officer or agency designated by the 
Attorney General of the United States pursuant to subsection (d). 
Notice shall also be made if an officer has had officer certification 
revoked for cause.
    ``(c)(1) As a condition of employment, each State, territory, 
political subdivision of a State or territory, the District of 
Columbia, Native American Indian tribe or band, and Federal agency that 
employs law enforcement officers or correctional officers shall require 
that each applicant for appointment or employment in such positions, 
before beginning employment--
            ``(A) disclose all prior service or employment as a law 
        enforcement or correctional officer; and
            ``(B) submit a written authorization and request for 
        release of information, on a form prescribed by the Attorney 
        General or a designee of the Attorney General.
    ``(2) When a prospective law enforcement or correctional employer 
obtains an officer's required written authorization and request for 
release of information, the officer or agency designated by the 
Attorney General pursuant to subsection (d) shall release all data 
collected under subsections (a) and (b) to such prospective employer.
    ``(3) Upon receipt of 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, 
political subdivision of a State or territory, the District of 
Columbia, Native American Indian tribe or band, and Federal agency that 
employs law enforcement or correctional officers shall notify the 
officer or agency designated by the Attorney General pursuant to 
subsection (d).
    ``(d) The Attorney General shall--
            ``(1) designate an officer or agency of the Federal 
        Government to collect and disseminate information in accordance 
        with this section; and
            ``(2) issue regulations to carry out this section and the 
        operation of the employment data clearinghouse.
    ``(e) 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. The presumption of good faith may be rebutted upon a 
showing that the data was submitted with knowledge of its falsity or 
was submitted with the malicious intent to deliberately mislead.
    ``(f) For purposes of the section:
            ``(1)(A)(i) The term `law enforcement officer' means a 
        Federal law enforcement officer or an individual who is elected 
        or appointed by a State or territory, a political subdivision 
        of a State or territory, the District of Columbia, or a Native 
        American Indian tribe or band, to preserve the peace, make 
        arrests, serve warrants, or otherwise possess or exercise the 
        authority of a peace officer.
            ``(ii) In the case of a law enforcement officer elected or 
        appointed by a State or a political subdivision of a State, the 
        term `law enforcement officer' shall only include law 
        enforcement officers required by the law of the State to be 
        licensed or certified.
            ``(B)(i) The term `correctional officer' means a Federal 
        correctional officer, or an individual who is elected or 
        appointed by a State or territory, a political subdivision of a 
        State or territory, the District of Columbia, or a Native 
        American Indian tribe or band to guard or supervise prisoners 
        or inmates of a jail or other detention, penal, or correctional 
        facility.
            ``(ii) In the case of a correctional officer elected or 
        appointed by a State or a political subdivision of a State, the 
        term `correctional officer' shall only include correctional 
        officers required by the law of the State to be licensed or 
        certified.
            ``(C)(i) The terms `law enforcement officer' and 
        `correctional officer' shall include an individual regardless 
        of whether such individual is compensated for services, serves 
        on a full- or part-time basis, is appointed or elected, or 
        serves on a temporary or permanent basis.
            ``(ii) 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 not less than 30 days.
            ``(2) The term `certification revoked for cause' means the 
        cancellation or revocation of an individual's law enforcement 
        officer or correctional officer State professional license by a 
        State peace officer standards board or its equivalent after 
        affording administrative due process.''.

SEC. 4. EFFECTIVE DATES.

    (a) In General.--This Act, and the amendment made by this Act, 
shall take effect on October 1, 1995.
    (b) Information Compliance.--Not later than 180 days after the date 
of the enactment of this Act, each State, territory, political 
subdivision of a State or territory, the District of Columbia, Native 
American Indian tribe or band, and Federal agency employing law 
enforcement and correctional officers shall fully comply with the 
requirements of section 509A of the Omnibus Crime Control and Safe 
Streets Act of 1968.

SEC. 5. GRANTS.

    The Director of the Bureau of Justice Assistance may authorize 
grants to agencies to assist in their compliance with such section 509A 
of the Omnibus Crime Control and Safe Streets Act of 1968.

SEC. 6. REPORTS.

    Not later than 2 years after the date of 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 with the requirements of section 509A of the Omnibus Crime 
Control and Safe Streets Act of 1968, and listing each State, 
territory, political subdivision of a State or territory, the District 
of Columbia, Native American Indian tribe or band, and Federal agency 
employing law enforcement or correctional officers who have failed 
materially to comply with the requirements of such section. Such 
subsequent reports shall be presented at such time in such form as is 
deemed appropriate by the Attorney General.
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