Private Security Officer Employment Authorization Act of 2003

Bill: 108-s-1743
Sponsor: Sen. Levin, Carl [D-MI]
Introduced: 2003-10-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative fees
Administrative procedure
Auditing
Civil Rights and Liberties, Minority Issues
Criminal justice information
Department of Justice
Economics and Public Finance
Employee rights
Employee selection
Ex-offenders
Federal Bureau of Investigation (FBI)
Fines (Penalties)
Fingerprints
Fraud
Government Operations and Politics
Identification devices
Identification of criminals
Labor and Employment
Law
Personnel records
Private police
Right of privacy
State laws
User charges

Summary:
action_date: 2003-10-16
text: Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.
Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information. 
Sets forth provisions regarding permissible uses of the information and the frequency of requests. Prescribes criminal penalties for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer. 
Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system.
action_date: 2003-10-23
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.
 
Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information. 
Provides that, upon receipt of the criminal history record information from the Attorney General by the State identification bureau: (1) a participating State that has no private security officer qualification standards shall notify an authorized employer 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 another person if the conviction occurred during the previous 10 years, or has been charged with a criminal felony for which there has been no resolution during the preceding 365 days; and (2) a participating State that has private security officer qualification standards shall use the information received pursuant to this Act in applying the standards and shall only notify the employer of the results. 
Allows an authorized employer to request a criminal history record information search for an employee only once every 12 months unless the employer has good cause to submit additional requests. 
Directs the Attorney General to issue regulations to carry out this Act, including: (1) measures relating to the security, confidentiality, accuracy, use, and destruction of information and audits; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. 
Prescribes criminal penalties for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer. 
Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system.
action_date: 2003-11-17
text: 

(This measure has not been amended since it was introduced. The expanded summary of the Senate reported version is repeated here.)

 
Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.
 
Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information. 
Provides that, upon receipt of the criminal history record information from the Attorney General by the State identification bureau: (1) a participating State that has no private security officer qualification standards shall notify an authorized employer 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 another person if the conviction occurred during the previous 10 years, or has been charged with a criminal felony for which there has been no resolution during the preceding 365 days; and (2) a participating State that has private security officer qualification standards shall use the information received pursuant to this Act in applying the standards and shall only notify the employer of the results. 
Allows an authorized employer to request a criminal history record information search for an employee only once every 12 months unless the employer has good cause to submit additional requests. 
Directs the Attorney General to issue regulations to carry out this Act, including: (1) measures relating to the security, confidentiality, accuracy, use, and destruction of information and audits; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. 
Prescribes criminal penalties for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer. 
Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system.

Legislative actions:
action_date: 2004-03-30
text: Subcommittee Hearings Held.
action_date: 2003-12-10
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2003-12-01
text: Referred to the Subcommittee on Employer-Employee Relations.
action_date: 2003-11-18
text: Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-11-18
text: Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-11-18
text: Referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-11-18
text: Received in the House.
action_date: 2003-11-18
text: Message on Senate action sent to the House.
action_date: 2003-11-17
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S14969-14970; text as passed Senate: CR S14970)
action_date: 2003-11-17
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S14969-14970; text as passed Senate: CR S14970)
action_date: 2003-10-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 322.
action_date: 2003-10-23
text: Committee on the Judiciary. Reported by Senator Hatch without amendment. Without written report.
action_date: 2003-10-23
text: Committee on the Judiciary. Reported by Senator Hatch without amendment. Without written report.
action_date: 2003-10-23
text: Committee on the Judiciary. Ordered to be reported without amendment favorably.
action_date: 2003-10-16
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2003-10-16
text: Introduced in Senate