[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.
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