article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Quality Assurance Act of 1997''. SEC. 2. 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 public law enforcement by helping to reduce and prevent crime; (3) the private security industry provides numerous opportunities for entry-level job applicants, including individuals suffering from unemployment due to economic conditions or dislocations; (4) such private security officers protect individuals, tangible and intangible property and proprietary information and provide protection to such diverse operations as banks, hospitals, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities and many others; (5) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are only supplemented by private security officers who provide prevention and reporting services in support of, but not in place of, regular sworn police; (6) given the growth of large private shopping malls, and the consequent reduction in the number of public shopping streets, the American public is more likely to have contact with private security personnel in the course of a day than with sworn law enforcement officers; (7) the trend in the Nation toward growth in such security services has accelerated rapidly as the per capita number of public sector law enforcement officers has decreased; (8) such growth serves important public policy goals in making available more public sector law enforcement officers to combat serious and violent crimes; (9) regardless of the differences in their duties, skill, and responsibilities, the public has difficulty in discerning the difference between sworn law enforcement officers and private security personnel; (10) the American public demands the employment of qualified, well-trained private security personnel as an adjunct, but not a replacement for sworn law enforcement officers; and (11) private security officers and applicants for private security officer positions should be screened as thoroughly as possible, particularly since many private security officers bear weapons. SEC. 3. BACKGROUND CHECKS. (a) In General.--(1) At the request of an employer of private security officers, an association of employers of private security officers, designated for the purpose of this section by the Attorney General, must submit to the Attorney General fingerprints or other methods of positive identification of an employee of such employer for purposes of a background check. (2) An employer may seek authorization from its employees to submit their fingerprints for purposes of a background check. (3) Upon receipt of fingerprints from an association designated under this section, the Attorney General shall search the records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation, and shall provide any identification and criminal history records corresponding to the fingerprints to the requesting association within 30 business days. (4) The Attorney General shall, to the maximum extent possible, encourage the use of the best technology available in compiling criminal history information and in responding to requests under this section. (5) An association designated under this section shall submit employee fingerprints to the Attorney General for identification and appropriate processing within one business day of receiving them. Such an association shall also transfer a copy of the identification and criminal history records that it receives from the Attorney General to the requesting employer within one business day of receiving them. (6) An association designated under this section shall provide a copy to the appropriate licensing authorities or regulatory agencies in the States of the requests it makes on behalf of employers for identification and criminal history records. The association shall also provide a copy of the information it transfers to employers to such States. (b) Regulations.--The Attorney General may prescribe such regulations as may be necessary to carry out this section, including measures relating to the security, confidentiality, accuracy, use, and dissemination of information and audits and recordkeeping and the imposition of fees necessary for the recovery of costs. (c) Report.--The Attorney General shall report to the Senate and House Committees on the Judiciary 2 years after the date of enactment of this bill on the number of inquiries made by the association of employers under this section and their disposition. SEC. 4. CONFORMING AMENDMENTS. Subsection (d) of section 534 of title 28, United States Code, is amended by adding the following paragraph: ``(3) an association of employers of private security officers designated by the Attorney General for purposes of conducting background checks on employees or prospective employees.''. SEC. 5. CRIMINAL PENALTY. Whoever knowingly and intentionally uses any information obtained pursuant to section 3 other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined not more than $50,000 or imprisoned for not more than two years, or both. SEC. 6. EMPLOYER LIABILITY. Where an employer of private security officers reasonably relies for employment determinations upon criminal history information provided by the Attorney General, such employer shall not be liable in any action for damages based on such employment determinations. SEC. 7. DEFINITIONS. As used in this Act-- (1) the term ``Attorney General'' includes any person or entity designated by the Attorney General, including the Federal Bureau of Investigation; (2) the term ``employee'' includes an applicant for employment; (3) the term ``employer'' means any person that-- (A) provides, as an independent contractor, for consideration, the services of one or more private security officers (possibly including oneself); and (B) is licensed by one or more States as a provider of private security services, or is certified as such by the chief law enforcement officer of one or more States; (4) the term ``fingerprint'' includes any other method of positive identification approved by the Attorney General; (5) the term ``private security officer''-- (A) means an individual who performs security services, full or part time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes whose primary duty is to perform security services, but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State, (ii) attorneys, accountants, and other professionals who are otherwise licensed in the State, (iii) employees whose duties are primarily internal audit or credit functions, (iv) persons whose duties may incidentally include the reporting or apprehension of shoplifters or trespassers, (v) an individual on active duty in the military service, (vi) employees of electronic security system companies acting as technicians or monitors, (vii) employees whose duties primarily involve the secure movement of prisoners, or (viii) employees of armored vehicle companies; (6) the term ``security services'' means the performance of one or more of the following: (A) the observation or reporting of intrusion, larceny, vandalism, fire or trespass; (B) the deterrence of theft or misappropriation of any goods, money, or other item of value; (C) the observation or reporting of any unlawful activity; (D) the protection of individuals or property, including proprietary information, from harm or misappropriation; (E) the control of access to premises being protected; (F) the maintenance of order and safety at athletic, entertainment, or other public activities; and (G) the provision of canine services for protecting premises or for the detection of any unlawful device or substance; and (7) the term ``State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. SEC. 8. USER FEES. Notwithstanding any other provision of law, the Attorney General may collect a user fee for a request, under any applicable law, for an individual's criminal history information. SEC. 9. EFFECTIVE DATE. The effective date of this Act shall be July 1, 1999.
summary: Private Security Officer Quality Assurance Act of 1997 - Directs the Attorney General (AG) to designate an association of employers of private security officers, which must submit to the AG, at the request of an employer of officers, fingerprints or other methods of positive identification for background checks of such officers. Allows an employer to seek authorization from its employees for a background check. Directs the AG, upon receipt of fingerprints from an association, to: (1) search records of the Interstate Information Index of the National Crime Information Center and the Identification Division of the Federal Bureau of Investigation; and (2) provide any corresponding identification and criminal history records to the requesting association. Authorizes the AG to prescribe regulations to carry out this Act, including measures relating to the imposition of fees necessary for the recovery of costs. Directs the AG to report to specified congressional committees two years after enactment of this Act on the number of inquiries made by the association of employers and their disposition. Establishes criminal penalties for misuse of such background check information. Provides that employers shall not be held liable in any action for damages based on employment determinations that rely on such criminal history information from the AG. Authorizes the AG to collect a user fee for a request, under any applicable law, for an individual's criminal history information.