Home > 106th Congressional Bills > S. 769 (rfh) To provide a final settlement on certain debt owed by the city of Dickinson, North Dakota, for construction of the bascule gates on the Dickinson Dam. [Referred in House] ...

S. 769 (rfh) To provide a final settlement on certain debt owed by the city of Dickinson, North Dakota, for construction of the bascule gates on the Dickinson Dam. [Referred in House] ...


Google
 
Web GovRecords.org








108th CONGRESS
  1st Session
                                 S. 769

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 2, 2003

 Mr. Levin (for himself, Mr. Alexander, Mr. Lieberman, Mr. McConnell, 
 and Mr. Schumer) 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 
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; 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 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) 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, 
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 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 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 pursuant to regulations 
                promulgated under subsection (b) 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 be credited as offsetting collections to 
                finance the activities and services for which the fee 
                is imposed;
                    (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.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 S.Res. 351 (is) To designate the month of September of 2000, as ``National Alcohol and Drug Addiction Recovery Month''. [Introduced in Senate] ...
2 S. 1321 (is) To amend title III of the Family Violence Prevention and Services Act and title IV of the Elementary and Secondary Education Act of 1965 to limit the effects of domestic violence on the lives of children, and for other purposes. [Introduced i...
3 H.R. 5296 (ih) To amend title XVIII of the Social Security Act to revise and improve the Medicare Program. [Introduced in House] ...
4 H.R. 5634 (ih) To amend the Internal Revenue Code of 1986 to provide a rehabilitation credit for certain expenditures to rehabilitate historic performing arts facilities. [Introduced in House] ...
5 S. 964 (es) To provide for equitable compensation for the Cheyenne River Sioux Tribe, and for other purposes. [Engrossed in Senate] ...
6 S. 1511 (is) To provide for education infrastructure improvement, and for other purposes. [Introduced in Senate] ...
7 H.R. 916 (eh) To make technical amendments to section 10 of title 9, United States Code, and for other purposes. [Engrossed in House] ...
8 H.J.Res. 121 (eh) Making further continuing appropriations for the fiscal year 2001, and for other purposes. [Engrossed in House] ...
9 S.Res. 41 (ats) Expressing the gratitude of the United States Senate for the service of Francis L. Burk, Jr., Legislative Counsel of the United States Senate. [Agreed to Senate] ...
10 S. 1288 (rs) To provide incentives for collaborative forest restoration projects on National Forest System and other public lands in New Mexico, and for other purposes. [Reported in Senate] ...
11 H.R. 5626 (ih) To amend the Federal Power Act to provide additional authority to the Federal Energy Regulatory Commission to order refunds of unjust, unreasonable, unduly discriminatory or preferential rates and charges for electricity, and for other purp...
12 H.R. 617 (ih) To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to ensure full Federal compliance with that Act. [Introduced in House] ...
13 H.R. 3657 (ih) To provide for the conveyance of a small parcel of public domain land in the San Bernardino National Forest in the State of California, and for other purposes. [Introduced in House] ...
14 H.R. 5587 (ih) To amend the United States Enrichment Corporation Privatization Act to prevent the untimely sale of uranium hexaflouride. [Introduced in House] ...
15 H.R. 3291 (ih) To provide for the settlement of the water rights claims of the Shivwits Band of the Paiute Indian Tribe of Utah, and for other purposes. [Introduced in House] ...
16 H.R. 4579 (rs) To provide for the exchange of certain lands within the State of Utah. [Reported in Senate] ...
17 H.R. 4441 (eh) To amend title 49, United States Code, to provide a mandatory fuel surcharge for transportation provided by certain motor carriers, and for other purposes. [Engrossed in House] ...
18 H.R. 3276 (ih) To suspend temporarily the duty on thionyl chloride. [Introduced in House] ...
19 S.Res. 359 (is) Designating October 16, 2000, to October 20, 2000, as ``National Teach For America Week''. [Introduced in Senate] ...
20 S. 1727 (is) To authorize funding for the expansion annex of the historic Palace of the Governors, a public history museum located, and relating to the history of Hispanic and Native American culture, in the Southwest and for other purposes. [Introduced i...
21 H.R. 1657 (ih) To disclose environmental risks to children's health and expand the public's right to know about toxic chemical use and release, and for other purposes. [Introduced in House] ...
22 H.R. 5073 (ih) To extend Federal recognition to the Chickahominy Tribe, the Chickahominy Indian Tribe--Eastern Division, the Mattaponi Tribe, the Upper Mattaponi Tribe, the Pamunkey Tribe, the Rappahannock Tribe, Inc., the Monacan Tribe, and the Nansemond...
23 H.R. 440 (ih) To make technical corrections to the Microloan Program. [Introduced in House] ...
24 H.R. 1402 (rh) To require the Secretary of Agriculture to implement the Class I milk price structure known as Option 1A as part of the implementation of the final rule to consolidate Federal milk marketing orders. [Reported in House] ...
25 H.R. 1232 (ih) To amend title XIX of the Social Security Act to permit the Secretary [Introduced in House] ...
26 H.R. 4846 (eh) To establish the National Recording Registry in the Library of Congress to maintain and preserve sound recordings that are culturally, historically, or aesthetically significant, and for other purposes. [Engrossed in House] ...
27 S.Res. 297 (ats) To authorize testimony and legal representation in Martin A. Lopow v. William J. Henderson. [Agreed to Senate] ...
28 S.Res. 276 (is) To express the sense of the Senate that the conferees on the Violent and Repeat Juvenile Offender Accountability and Rehabilitation Act should submit the conference report on the bill before April 20, 2000, and include the gun safety amend...
29 H.R. 83 (ih) To modify the provision of law which provides a permanent appropriation for the compensation of Members of Congress, and for other purposes. [Introduced in House] ...
30 S. 310 (is) To provide for a Dekalb-Peachtree Airport buyout initiative. [Introduced in Senate] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy