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  1st Session
                                S. 1743

    To permit reviews of criminal records of applicants for private 
                      security officer employment.



                            October 16, 2003

Mr. Levin (for himself, Mr. Alexander, Mr. Schumer, Mr. McConnell, and 
Mr. Lieberman) 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,


    This Act may be cited as the ``Private Security Officer Employment 
Authorization Act of 2003''.


    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 


    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 
                    (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.


    (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 
            (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; 
                                    (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.
            (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, 
            (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; 
            (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 

Pages: 1

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