[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Pages 29072-29073]
[From the U.S. Government Publishing Office, www.gpo.gov]




     PRIVATE SECURITY OFFICER EMPLOYMENT AUTHORIZATION ACT OF 2003

  Mr. KYL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 322, S. 1743.
  The PRESIDING OFFICER. The clerk will state the bill by title.
  The legislative clerk read as follows:

       A bill ( S. 1743) to permit reviews of criminal records of 
     applicants for private security officer employment.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. KYL. Mr. President, I ask unanimous consent that the bill be read 
the third time and passed, the motion to reconsider be laid upon the 
table with no intervening action or debate; that any statements 
relating to this measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1743) was read the third time and passed, as follows:

                                S. 1743

       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 Authorization Act of 2003''.

     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, reliable, and responsible 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, 
     including terrorism;
       (8) the American public deserves the employment of 
     qualified, well-trained private security personnel as an 
     adjunct to sworn law enforcement officers; and
       (9) private security officers and applicants for private 
     security officer positions should be thoroughly screened and 
     trained.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Employee.--The term ``employee'' includes both a 
     current employee and an applicant for employment as a private 
     security officer.
       (2) Authorized employer.--The term ``authorized employer'' 
     means any person that--
       (A) employs private security officers; and
       (B) is authorized by regulations promulgated by the 
     Attorney General to request a criminal history record 
     information search of an employee through a State 
     identification bureau pursuant to this section.
       (3) Private security officer.-- The term ``private security 
     officer''--
       (A) means an individual other than an employee of a 
     Federal, State, or local government, whose primary duty is to 
     perform security services, full- or part-time, for 
     consideration, whether armed or unarmed and in uniform or 
     plain clothes (except for services excluded from coverage 
     under this Act if the Attorney General determines by 
     regulation that such exclusion would serve the public 
     interest); but
       (B) does not include--
       (i) employees whose duties are primarily internal audit or 
     credit functions;
       (ii) employees of electronic security system companies 
     acting as technicians or monitors; or
       (iii) employees whose duties primarily involve the secure 
     movement of prisoners.
       (4) Security services.--The term ``security services'' 
     means acts to protect people or property as defined by 
     regulations promulgated by the Attorney General.
       (5) State identification bureau.--The term ``State 
     identification bureau'' means the State entity designated by 
     the Attorney General for the submission and receipt of 
     criminal history record information.

     SEC. 4. CRIMINAL HISTORY RECORD INFORMATION SEARCH.

       (a) In General.--
       (1) Submission of fingerprints.--An authorized employer may 
     submit to the State identification bureau of a participating 
     State, fingerprints or other means of positive 
     identification, as determined by the Attorney General, of an 
     employee of such employer for purposes of a criminal history 
     record information search pursuant to this Act.
       (2) Employee rights.--
       (A) Permission.--An authorized employer shall obtain 
     written consent from an employee to submit to the State 
     identification bureau of a participating State the request to 
     search the criminal history record information of the 
     employee under this Act.
       (B) Access.--An authorized employer shall provide to the 
     employee confidential access to any information relating to 
     the employee received by the authorized employer pursuant to 
     this Act.
       (3) Providing information to the state identification 
     bureau.--Upon receipt of a request for a criminal history 
     record information search from an authorized employer 
     pursuant to this Act, submitted through the State 
     identification bureau of a participating State, 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 resulting identification and 
     criminal history record information to the submitting State 
     identification bureau requesting the information.
       (4) Use of information.--
       (A) In general.--Upon receipt of the criminal history 
     record information from the Attorney General by the State 
     identification bureau, the information shall be used only as 
     provided in subparagraph (B).
       (B) Terms.--In the case of--
       (i) a participating State that has no State standards for 
     qualification to be a private security officer, the State 
     shall notify an authorized employer as to the fact of whether 
     an employee has been--

       (I) convicted of a felony, an offense involving dishonesty 
     or a 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; or
       (II) charged with a criminal felony for which there has 
     been no resolution during the preceding 365 days; or

       (ii) a participating State that 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 standards and shall only notify the 
     employer of the results of the application of the State 
     standards.

[[Page 29073]]

       (5) Frequency of requests.--An authorized employer may 
     request a criminal history record information search for an 
     employee only once every 12 months of continuous employment 
     by that employee unless the authorized 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, 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 Penalties for Use of Information.--Whoever 
     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 under title 18, 
     United States Code, 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 to process background checks provided for 
     by this Act; and
       (B) establish such fees at a level to include an additional 
     amount to defray expenses for the automation of fingerprint 
     identification and criminal justice information services and 
     associated costs.
       (2) Limitations.--Any fee collected under this subsection--
       (A) shall, consistent with Public Law 101-515 and Public 
     Law 104-99, be credited to the appropriation to be used for 
     salaries and other expenses incurred through providing the 
     services described in such Public Laws and in paragraph (1);
       (B) shall be available for expenditure only to pay the 
     costs of such activities and services; and
       (C) shall remain available until expended.
       (3) 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 or issuing an order by the Governor (if 
     consistent with State law) providing that the State is 
     declining to participate pursuant to this subsection.

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