[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.
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