Security Officer Screening Improvement Act of 2016

To amend the National Child Protection Act of 1993 to establish a permanent background check system for private security officers. 1. Short title This Act may be cited as the Security Officer Screening Improvement Act of 2016 2. Findings Congress finds the following: (1) The Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation maintains fingerprints and criminal history records on more than 71,000,000 individuals. (2) Congress has worked with the States to make criminal history background checks available to employers of private security officers through the Private Security Officer Employment Authorization Act of 2004 ( 28 U.S.C. 534 Public Law 92–544 3. Background checks The National Child Protection Act of 1993 ( 42 U.S.C. 5119 et seq. (1) by redesignating section 5 as section 6; and (2) by inserting after section 4 the following: 5. Program for national criminal history background checks (a) Definitions In this section— (1) the term covered entity (2) the term covered individual (3) the term criminal history review designee (4) the term criminal history review program (5) the term qualified State program (6) the term private security officer 28 U.S.C. 534 (7) the term State (b) Establishment of program (1) Purpose The purpose of this subsection is to facilitate widespread access to State and national criminal history background checks, not otherwise authorized by Federal or State law, on private security officers and prospective private security officers. (2) Establishment Not later than 1 year after the date of enactment of the Security Officer Screening Improvement Act of 2016 (A) policies and procedures to carry out the duties described in subsection (c); and (B) a criminal history review program in accordance with subsection (d). (3) Designees The Attorney General may designate one or more entities to carry out the duties described in subsection (c) or (d). (c) Access to State and national background checks (1) Duties The Attorney General shall— (A) inform covered entities about how to request State and national background checks— (i) for covered entities located in a State with a qualified State program, by referring the covered entity to the State authorized agency; or (ii) for covered entities located in a State without a qualified State program, by providing information on alternative methods of obtaining a State and national background check; (B) complete a check of the national criminal history background check system upon request from a covered entity; and (C) provide information received in response to such national criminal history background check to the criminal history review designee, if any. (2) Required information A request for a State and national criminal history background check shall include— (A) the fingerprints of the covered individual; (B) other documents required by State law for a State criminal history background check; and (C) the appropriate fee. (3) Fees The Attorney General shall, in addition to the fee for the non-criminal justice, non-law enforcement national criminal history background check authorized under title II of the Department of Justice Appropriations Act, 1991 under the heading Salaries and expenses Federal Bureau of Investigation Public Law 101–105 28 U.S.C. 534 (A) collect a fee to offset the costs of carrying out the duties described in subsection (d), in an amount equal to the cost of conducting the criminal history review; and (B) remit such fee to the Federal Bureau of Investigation. (d) Criminal history review program (1) Purpose The purpose of this subsection is to provide covered entities with reliable and accurate information regarding the fitness of covered individuals for performing security services. (2) Requirements The Attorney General shall— (A) establish procedures to securely receive criminal history records; (B) make determinations regarding whether the criminal history records received in response to a criminal history background check conducted under this section indicate that the covered individual has a criminal history that may bear on the covered individual's fitness to perform security services; and (C) convey to the covered entity that submitted the request for a State and national criminal history background check— (i) the fitness and suitability of the covered individual based solely on the criteria described in paragraph (3); and (ii) that the covered entity should consult the Equal Employment Opportunity Commission Enforcement Guidance #915.002, dated April 25, 2012, Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 (3) Criminal history review criteria In determining whether a criminal history record indicates that a covered individual has a criminal history that may bear on the fitness of the covered individual to perform security services, the Attorney General shall employ the criteria used to evaluate individuals under the Private Security Officer Employment Authorization Act of 2004 ( 28 U.S.C. 534 (4) Application processing (A) In general The Attorney General shall establish the process by which a covered entity in a State without a qualified State program may obtain a State and national criminal history background check. (B) Challenge to completeness of record A covered individual may challenge the completeness of any information in the criminal history record of the individual by contacting the Federal Bureau of Investigation under the procedure set out in section 16.34 of title 28, Code of Federal Regulations, or any successor thereto. (5) Participation in program The Attorney General shall determine whether an entity is a covered entity. (6) Privacy of information (A) In general Any entity authorized to receive or transmit fingerprints or criminal history records under this section— (i) shall use the fingerprints, criminal history records, or information in the criminal history records only for the purposes specifically set forth in this section; and (ii) shall maintain adequate security measures to ensure the confidentiality of the fingerprints, the criminal history records, and the information in the criminal history records. (B) Retention of fingerprints by the FBI In accordance with State or Federal procedures, for the purpose of providing fingerprint verification, criminal investigation, or subsequent hit notification services, or for the retention of criminal history, the Federal Bureau of Investigation may retain any fingerprints submitted to the Federal Bureau of Investigation under this section. (7) Rule of construction Nothing in this subsection shall be construed to change or replace any background check program authorized by Federal or State law on the day before the date of enactment of the Security Officer Screening Improvement Act of 2016 .

Summary: Security Officer Screening Improvement Act of 2016 This bill amends the National Child Protection Act of 1993 to direct the Department of Justice to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on private security officers, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a private security officer. It defines "covered entity" as any person who employs a private security officer.