I
104TH CONGRESS
2D SESSION
H. R. 3263
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 HOUSE OF REPRESENTATIVES
APRIL 17, 1996
Mr. JOHNSTON of Florida (for himself, Mr. FROST, Ms. LOFGREN, Mr.
MCDERMOTT, Mr. THOMPSON, Mrs. THURMAN, Mrs. MEEK of Florida,
Mr. SHAW, Mrs. MINK of Hawaii, Mr. CANADY of Florida, Mr. RAHALL,
Mr. BRYANT of Texas, Ms. NORTON, and Mr. FRAZER) introduced the
following bill; which was referred to the Committee on 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 appli-
cants.
Be it enacted by the Senate and House of Representa-
tives 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
1996’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) law enforcement officials, including mem-
bers of the International Association of Chiefs of Po-
lice, recognize that violent crime represents the
greatest threat to the safety and security of citizens
and that dedicated, ethical law enforcement profes-
sionals, and lawful initiatives and 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 and that such officers should
not be permitted to seek police employment in an-
other State or jurisdiction with the expectation that
they will be able to conceal their history of mis-
conduct;
(3) there have been numerous documented
cases of officers who have obtained officer employ-
ment and certification in a State after revocation of
officer certification or dishonorable discharge in an-
other State;
(4) a national clearinghouse of officer employ-
ment histories would enable each criminal justice
agency to conduct thorough background checks on
officer applicants and to assure that only honest eth-
ical officers are permitted to serve; and
(5) Federal legislation is needed that would re-
quire Federal registration of employment termi-
nation data of law enforcement officers and correc-
tional 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 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, that
receives funds under section 506 in a fiscal year shall des-
ignate an official or agency which shall submit to an offi-
cer or agency designated by the Attorney General of the
United States, a list of all law enforcement and correc-
tional officers who held such office in such State or terri-
tory on or since January 1, 1990, in accordance with para-
graph (2). Such list shall be updated and supplemented
by agencies or officials responsible for submission of em-
ployment 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 In-
formation 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 of-
ficer designated by the Attorney General of the United
States to receive such employment data, that a law en-
forcement officer or correctional officer has been ap-
pointed or employed as an officer, or that a registered offi-
cer 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 this section—
‘‘(1) the term ‘law enforcement officer’ means
an individual who is elected or appointed by a State
or territory, or a political subdivision thereof, 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 such State or territory; and
‘‘(2) the term ‘correctional officer’ means an in-
dividual who is elected or appointed by a State or
territory, or a political subdivision thereof, to guard
or supervise prisoners or inmates of jails or other
detention, penal, or correctional facilities.
A ‘law enforcement officer’ or ‘correctional officer’ in-
cludes 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 ap-
pointment lasting longer than 30 days.
‘‘(d)(1) As a condition of employment, each State,
territory, or political subdivision thereof, 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 re-
quest for release of information, on a form pre-
scribed by the Attorney General or designee.
‘‘(2) When a prospective law enforcement or correc-
tional employer obtains an officer’s required written au-
thorization and request for release of information, the At-
torney 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 a completed written authoriza-
tion and request for release of information and not later
than 30 days after such officer is first appointed or em-
ployed or at any time prior to the appointment or employ-
ment of an applicant, each State, territory, and political
subdivision thereof 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 evi-
dence, are immune from civil liability for such disclosure
or its consequences. The presumption of good faith is re-
butted upon a showing that the data was submitted with
knowledge of its falsity or was submitted with the mali-
cious intent to deliberately mislead.’’.
SEC. 4. EFFECTIVE DATES.
(a) IN GENERAL.—This Act shall take effect on Jan-
uary 1, 1997.
(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.
(c) STATE COMPLIANCE.—Beginning not later than
180 days after the date of the enactment of this Act, each
State, territory, or political subdivision thereof, shall com-
ply with the requirements described in subsection (d) of
section 509a of the Omnibus Crime Control and Safe
Streets Act of 1968.
SEC. 5. REPORTS.
Not later than 2 years after the date of the enact-
ment 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 of the States with the requirements of sec-
tion 509a of the Omnibus Crime Control and Safe Streets
Act of 1968, and listing each State that has failed materi-
ally to comply with the requirements of this section. Such
subsequent reports shall be presented as are deemed ap-
propriate by the Attorney General.
Æ