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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1965 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 1965

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 establish a national clearinghouse to assist in background checks of 
                      law enforcement applicants.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             March 24 (legislative day, February 22), 1994

  Mr. Graham introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 establish a national clearinghouse to assist in background checks of 
                      law enforcement applicants.

    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 ``Law Enforcement and Correctional 
Officers Employment Registration Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) law enforcement officials, including members of the 
        International Association of Chiefs of Police recognize that 
        violent crime represents the greatest threat to the safety and 
        security of citizens and that dedicated, ethical law 
        enforcement professionals and lawful community initiatives with 
        participation by members of the community represent the best 
        hope of responding to the challenges of violent crime;
            (2) the International Association of Chiefs of Police 
        acknowledges that a few officers choose to violate the public 
        trust by abusing their authority or by breaking the law. Such 
        officers should not be able to seek police employment in 
        another state or jurisdiction with the expectation that they 
        will be able to conceal their history of misconduct;
            (3) there have been numerous documented cases of officers 
        who have obtained officer employment and certification in a 
        state after revocation of officer certification or dishonorable 
        discharge in another state;
            (4) a national clearinghouse of officer employment 
        histories would enable each criminal justice agency to conduct 
        thorough background checks on officer applicants and to assure 
        that only honest ethical officers are permitted to serve; and
            (5) Federal legislation is needed that would require 
        Federal registration of employment termination data of law 
        enforcement officers and correctional officers.

SEC. 3. REGISTRATION.

    Subpart 1 of part E of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding at the end 
thereof the following:

 ``registration of employment data of law enforcement and correctional 
                               officers.

    ``Sec. 509a. a(1) The Governor of each State, or chief executive of 
each territory of the United States, the District of Columbia or a 
Native American Indian tribe or band that receives funds under section 
506 in a fiscal year shall designate the state peace officer standards 
board or its equivalent which shall submit a list, maintained 
electronically, of all law enforcement and correctional officers who 
held such office in such State or territory, the District of Columbia 
or a Native American Indian tribe or band on or since January 1, 1994, 
in accordance with paragraph (2). The list shall be submitted to an 
officer or agency designated by the Attorney General of the United 
States. The head of each department, agency, or other entity in the 
executive branch of the United States Government that employs law 
enforcement or correctional officers shall submit a list of all such 
personnel employed on or after January 1, 1994. Such list shall be 
updated and supplemented by agencies or officials responsible for 
submission of employment data in accordance with subsection (b).
    ``(2) Such list shall include the names (and any former names), 
dates of birth, social security numbers, Federal Bureau of 
Investigation fingerprint identification numbers if known, the dates of 
appointment as officers if known, the names and addresses or National 
Crime Information Center numbers of the appointing or employing 
agencies, and if applicable, the dates such service ended for such 
officers.
    ``(b) The agency or official responsible for submission of such 
employment data shall, not later than 90 days after an officer's 
employment, appointment, or separation from employment or appointment, 
notify the agency or officer designated by the Attorney General of the 
United States to receive such employment data, that a law enforcement 
officer or correctional officer has been appointed or employed as an 
officer, or that a registered officer is no longer empowered or 
employed as such. If the former officer has had officer certification 
revoked for cause, that fact shall be reported.
    ``(c) For purposes of the section:
            ``(1) The term `law enforcement officer' means a federal 
        law enforcement officer, or an individual who is elected or 
        appointed by a State or territory, or a political subdivision 
        thereof, by the District of Columbia or by a Native American 
        Indian tribe or band, to conserve the peace, or to make arrests 
        or serve warrants, or to otherwise possess or exercise the 
        authority of a peace officer. In the case of law enforcement 
        officers elected or appointed by a State or a political 
        subdivision thereof, `law enforcement officer' only includes 
        those required by the applicable law of the State to be 
        licensed or certified.
            ``(2) The term `correctional officer' means a federal 
        correctional officer, or an individual who is elected or 
        appointed by a State or territory, or a political subdivision 
        thereof, by the District of Columbia or by a Native American 
        Indian tribe or band to guard or supervise prisoners or inmates 
        of jails or other detention, penal or correctional facilities. 
        In the case of correctional officers elected or appointed by a 
        State or a political subdivision thereof, `correctional 
        officer' only includes those required by the applicable law of 
        the state to be licensed or certified.
            (3) ``The term `certification revoked for cause' means 
        cancellation or revocation of an individual's law enforcement 
        officer or correctional officer state professional license by a 
        state peace officer standards board or its equivalent after 
        administrative due process has been afforded the officer.''
A `law enforcement officer' or `correctional officer' includes an 
individual whether compensated for services or not, whether full- or 
part-time, and whether appointment, election or term of office is 
temporary or permanent. Such terms do not include citizens who are 
called to assist an officer in the performance of the officer's duties, 
unless such citizen received a deputation or commission of appointment 
lasting longer than 30 days.
    ``(d)(1) As a condition of employment, each State, territory, or 
political subdivision thereof, the District of Columbia, each Native 
American Indian tribe or band and each federal agency that employs law 
enforcement officers or correctional officers shall require all 
applicants for appointment to or employment in such positions before 
beginning employment--
            ``(A) to disclose all prior service or employment as a law 
        enforcement or correctional officer, and
            ``(B) to submit a written authorization and request for 
        release of information, on a form prescribed by the Attorney 
        General or designee.
    ``(2) When a prospective law enforcement or correctional employer 
obtains an officer's required written authorization and request for 
release of information, the Attorney General (or designee) is directed 
to release all data collected under subsections (a) and (b) of this 
section to such prospective employer.
    ``(3) Upon receipt of completed written authorization and request 
for release of information, and not later than 30 days after such 
officer is first appointed or employed or at any time prior to the 
appointment or employment of an applicant, each State, territory, and 
political subdivision thereof, the District of Columbia, each Native 
American Indian tribe or band and each federal agency that employs law 
enforcement or correctional officers shall notify the Attorney General 
(or designee).
    ``(e) The Attorney General shall issue regulations for the 
implementation of this section and the operation of the employment data 
clearinghouse.
    ``(f) Agencies or agency administrators who submit employment or 
officer certification data pursuant to this section are presumed to be 
acting in good faith and, unless lack of good faith is shown by clear 
and convincing evidence, are immune from civil liability for such 
disclosure or its consequences. The presumption of good faith is 
rebutted upon a showing that the data was submitted with knowledge of 
its falsity or was submitted with the malicious intent to deliberately 
mislead.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect October 1, 1994.
    (b) Information Compliance.--Lists required under section 509a (a) 
of the Omnibus Crime Control and Safe Streets Act of 1968 shall be 
submitted not later than 180 days after the enactment of this Act. Not 
later than 180 days after the date of the enactment of this Act, each 
State, territory, or political subdivision thereof, the District of 
Columbia, each Native American Indian tribe or band and each federal 
agency employing law enforcement and correctional officers shall comply 
with the requirements described in subsection (d) of section 509a of 
the Omnibus Crime Control and Safe Streets Act of 1968. The Director of 
the Bureau of Justice Assistance may authorize grants to agencies to 
assist in their compliance with Subsection (1) of this Act.

SEC. 5. REPORTS.

    Not later than 2 years after the date of the enactment of this Act, 
the Attorney General, upon consultation with the Director of the Bureau 
of Justice Assistance, shall submit a report to the Committees on the 
Judiciary of the House of Representatives and the Senate evaluating the 
compliance with the requirements of section 509a of the Omnibus Crime 
Control and Safe Streets Act of 1968, and listing each State, 
territory, or political subdivision thereof, the District of Columbia, 
each Native American Indian tribe or band and each federal agency 
employing law enforcement or correctional officers that has failed 
materially to comply with the requirements of this section. Such 
subsequent reports shall be presented as are deemed appropriate by the 
Attorney General.

                                 <all>
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