December 15, 2004—In early December 2004, Congress passed a measure allowing employers to request FBI criminal background checks on persons applying for or holding positions as private security officers. The measure is part of the National Intelligence Reform Act of 2004 or “9/11 Implementation Bill.” ASIS International, a worldwide organization of 33,000 security professionals that worked toward its enactment, supported the bill.
Under the new law, which will take effect when signed by the President, employers will not have direct access to the FBI information but will go through state identification agencies that will intercede with the BFI and report back to the employer. Employee rights are protected in that the employer must obtain written approval from the employee to conduct the check, and it must share the information received with the employee. There are criminal penalties for misuse of the information.
Prior to enactment of the bill, explains Shirley Pierini, CPP, president of ASIS, security traditionally has been regulated at the state level, with most employers unable to request information from the FBI criminal database. “It often was impossible,” she adds, “for an employer in one jurisdiction to find out about an applicant’s or employee’s criminal convictions in other jurisdictions.”
While the public focus of the heavily debated 9/11 Implementation Bill has been on improvement of the nation’s intelligence functions, private security professionals believe that the smaller and less heralded section permitting background checks is of nearly equal importance in protecting against terrorism. But, ASIS points out, 85 percent of our critical infrastructures include chemical plants, nuclear, and other power plants, airports, refineries, and major public venues. Further, ASIS adds, the new law should help reduce more common types of crime in the workplace.
For further information contact ASIS.
