SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER
EMPLOYMENT.
Contents
(a) Short Title.--This section may be cited as the
``Private Security Officer Employment Authorization Act of
2004''.
(b) 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.
(c) Definitions.--In this section:
(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.
(d) Criminal History Record Information Search.--
(1) In general.--
(A) 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.
(B) Employee rights.--
(i) Permission.--An authorized
employer shall obtain written consent
from an employee to submit to the State
identification bureau of the
participating State the request to
search the criminal history record
information of the employee under this
Act.
(ii) 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.
(C) 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--
(i) search the appropriate records
of the Criminal Justice Information
Services Division of the Federal Bureau
of Investigation; and
(ii) promptly provide any resulting
identification and criminal history
record information to the submitting
State identification bureau requesting
the information.
(D) Use of information.--
(i) 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
clause (ii).
(ii) 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--
(aa) 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
(bb) 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.
(E) 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.
(2) 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--
(A) measures relating to the security,
confidentiality, accuracy, use, submission,
dissemination, destruction of information and
audits, and record keeping;
(B) standards for qualification as an
authorized employer; and
(C) the imposition of reasonable fees
necessary for conducting the background checks.
(3) 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.
(4) User fees.--
(A) In general.--The Director of the
Federal Bureau of Investigation may--
(i) collect fees to process
background checks provided for by this
Act; and
(ii) 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.
(B) Limitations.--Any fee collected under
this subsection--
(i) 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
subparagraph (A);
(ii) shall be available for
expenditure only to pay the costs of
such activities and services; and
(iii) shall remain available until
expended.
(C) 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.
(5) 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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