[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4022 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4022

 To strengthen the Nation's ability to protect its key assets and the 
  life, health, and property of its populace by granting providers of 
   private security services access to the criminal history records 
 available through the National Crime Information Center in connection 
    with their employees and prospective employees, requiring such 
  providers to employ only those employees who pass criminal history 
 records checks, to protect against unauthorized use of such records, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2004

Mr. Andrews (for himself and Mr. Saxton) introduced the following bill; 
which was 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

_______________________________________________________________________

                                 A BILL


 
 To strengthen the Nation's ability to protect its key assets and the 
  life, health, and property of its populace by granting providers of 
   private security services access to the criminal history records 
 available through the National Crime Information Center in connection 
    with their employees and prospective employees, requiring such 
  providers to employ only those employees who pass criminal history 
 records checks, to protect against unauthorized use of such records, 
                        and for other purposes.

    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 ``Private Security Enhancement Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One of the legacies of the horrific attacks of 
        September 11, 2001, is the greatly enhanced need for security 
        of the homeland. Meeting this need has imposed serious stresses 
        on government agencies at all levels and entities whose primary 
        task is protection of the Nation's key assets and the life, 
        health, and property of its populace.
            (2) President Bush stated, in a February 2003 report titled 
        ``The National Strategy for the Physical Protection of Critical 
        Infrastructures and Key Assets'' (in this section referred to 
        as the ``Report''), that there is an increased need to assess 
        the Nation's vulnerabilities and to provide additional security 
        for its key assets. Providing such security will require 
        increased cooperation between Government and the private 
        sector.
            (3) The Report also recognized that terrorists, in the 
        pursuit of their long-term, strategic objectives, will likely 
        continue to attack critical infrastructures and key assets, the 
        vast majority of which are owned and operated by the private 
        sector.
            (4) Because of enhanced security needs, the use of private 
        security companies in guarding the Nation's key assets and the 
        life, health, and property of its populace has increased 
        significantly since September 11, 2001, and will continue to do 
        so.
            (5) Also because of the enhanced security needs, businesses 
        generally have increased their security efforts and the number 
        of internal employees dedicated to securing their facilities.
            (6) As reliance on private security companies to guard the 
        Nation's key assets and to protect the life, health, and 
        property of its populace continues to grow, the hiring and 
        placement decisions of these companies--which employ more than 
        500,000 private security officers nationwide--have become 
        critical, as they determine which individuals will protect the 
        Nation and have access to its key assets. Similarly, businesses 
        providing their own internal security services have experienced 
        a heightened need to improve their internal security measures 
        and to obtain more information about the individuals who 
        provide their internal security. It has, therefore, become 
        imperative that companies employing or hiring security 
        personnel have access to and be permitted to use a criminal 
        background checking system that is efficient, inclusive, 
        nationwide in scope, dependable, and technologically advanced, 
        so as to minimize the occurrence of dangerous if not disastrous 
        placement and hiring decisions.
            (7) Companies cannot properly and effectively evaluate 
        their prospective and current employees providing private 
        security services without access to the criminal history 
        records available through the National Crime Information Center 
        (in this section referred to as ``NCIC''). Access to the NCIC 
        for the purpose of reviewing the background of current and 
        prospective employees is currently enjoyed by the banking 
        industry, the nuclear power industry, public housing 
        authorities, and others and should be made available to private 
        security companies and to businesses providing their own 
        security so that they can safely and effectively partner with 
        Federal, State, and local governments in the effort to protect 
        the homeland.
            (8) Given its critical role in the security of the 
        homeland, the Department of Homeland Security, working in 
        conjunction with the Department of Justice, is best suited to 
        act as the clearinghouse for obtaining and disseminating NCIC 
        criminal history records for the purposes set forth in this 
        section.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Covered employee.--The term ``covered employee'' means 
        any individual, other than an active law enforcement officer 
        for any governmental unit, who is--
                    (A) employed by, or seeking employment with, a 
                nongovernmental company that provides security guard 
                services; or
                    (B) employed as an internal security employee by, 
                or seeking employment as an internal security employee 
                with, a nongovernmental company that has more than 50 
                employees, of which 3 or more are internal security 
                employees.
            (2) Covered employer.--The term ``covered employer'' 
        means--
                    (A) any nongovernmental company that--
                            (i) provides security guard services;
                            (ii) for each jurisdiction in which it 
                        provides such services, is licensed by such 
                        jurisdiction to provide such services, to the 
                        extent such jurisdiction permits or requires it 
                        to be so licensed; and
                            (iii) provides such services--
                                    (I) in interstate or foreign 
                                commerce;
                                    (II) at any site where there is 
                                located any element of the Federal 
                                Government; or
                                    (III) for any person engaged in 
                                interstate or foreign commerce; or
                    (B) any nongovernmental company that--
                            (i) has more than 50 employees, of which 3 
                        or more are internal security employees;
                            (ii) for each jurisdiction in which it 
                        provides internal security services with 
                        respect to itself, is licensed by such 
                        jurisdiction to provide such services, to the 
                        extent such jurisdiction permits or requires it 
                        to be so licensed; and
                            (iii) is either engaged in interstate or 
                        foreign commerce or provides any product or 
                        service to any element of the Federal 
                        Government.
            (3) Internal security employee.--The term ``internal 
        security employee'' means an employee whose primary 
        responsibility is to provide internal security with respect to 
        the company employing such employee.
            (4) NCIC.--The term ``NCIC'' means the National Crime 
        Information Center of the Department of Justice.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (6) State.--The term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, and any other 
        territory or possession of the United States.

SEC. 4. AUTHORITY TO RECEIVE NCIC INFORMATION.

    (a) In General.--Subject to the other provisions of this section, 
the Secretary shall, upon receipt of a request by a covered employer 
with respect to a covered employee, provide for an NCIC criminal 
history records check with respect to that covered employee and provide 
the results of that check to that covered employer.
    (b) Fingerprints.--A request under subsection (a) shall include the 
fingerprints of the covered employee, which shall be submitted 
electronically to the Secretary. The Secretary shall transmit those 
fingerprints to the Attorney General. To assist the Secretary in 
complying with subsection (a), the Attorney General shall, 
notwithstanding any other provision of law, provide for--
            (1) an NCIC criminal history records check to be carried 
        out with respect to that covered employee; and
            (2) the results of that check to be transmitted to the 
        Secretary.
    (c) Fee.--The Secretary may, by regulation, establish and collect a 
reasonable fee for responding to a request under subsection (a).

SEC. 5. USE OF NCIC INFORMATION BY COVERED EMPLOYERS.

    (a) Prohibition.--A covered employer may not employ a covered 
employee to provide any security service or function unless--
            (1) the covered employer first obtains the results of an 
        NCIC criminal history records check with respect to that 
        covered employee; and
            (2) neither the results of that check, nor any other 
        information made available to the covered employer, indicate 
        that the covered employee has any unpardoned conviction under 
        any Federal or State law of any felony or any one or more of 
        the following offenses:
                    (A) Illegally using, carrying, or possessing any 
                firearm or other dangerous weapon.
                    (B) Making or possessing any burglar's instrument.
                    (C) Buying or receiving stolen property.
                    (D) Unlawful entry of a building.
                    (E) Aiding escape from prison.
                    (F) Unlawfully possessing or distributing any 
                illegal narcotic drug.
                    (G) Picking a pocket or attempting to do so.
                    (H) Recklessly endangering another person.
                    (I) Making any terroristic threat.
                    (J) Assaulting another person.
    (b) Limitation.--Nothing in this section prevents a covered 
employer from making any use in its employment decisions of any such 
check or any other information, except to the extent that section 7 or 
8 of this Act prohibit such use.
    (c) Delayed Applicability for Current Employees.--In the case of a 
covered employee who is, on the date of the enactment of this Act, 
employed by a covered employer to provide a security service or 
function, the prohibition in subsection (a) shall not apply until--
            (1) the date that is 6 months after the date of the 
        enactment of this Act; or
            (2) a later date specified by the Secretary, for any case 
        in which the Secretary certifies that the results of the 
        records check could not be obtained within 6 months after the 
        date of the enactment of this Act despite the exercise of 
        reasonable diligence on the part of both the employee and the 
        employer.

SEC. 6. EMPLOYEE RIGHTS.

    (a) Written Consent.--A covered employer may not make a request 
under section 4(a) with respect to a covered employee, or obtain the 
fingerprints under section 4(b) of a covered employee, without the 
written consent of that employee.
    (b) Frequency of Requests.--A covered employer that makes a request 
under section 4(a) with respect to a covered employee and thereafter 
employs that employee for a continuous period may not make another such 
request with respect to such employee unless--
            (1) such request is made at least 12 months after the 
        previous request; or
            (2) good cause exists.
    (c) Accuracy and Completeness.--The Secretary shall provide each 
covered employee subject to a request under section 4(a) with the 
opportunity to provide to the NCIC information concerning the accuracy 
or completeness of the results of the check.

SEC. 7. RECORDS MANAGEMENT.

    A covered employer receiving any information under section 4 shall 
ensure that such information is--
            (1) maintained confidentially;
            (2) not misused or disseminated to any person not involved 
        in the employment decision with respect to the covered 
        employee; and
            (3) destroyed, upon deciding whether to employ or continue 
        to employ the covered employee or upon the passage of 180 days 
        after the receipt of such information, whichever occurs first.

SEC. 8. USE OF INFORMATION BY DEPARTMENT OF HOMELAND SECURITY.

    In carrying out this Act, the Secretary shall establish procedures 
to ensure that the Department of Homeland Security uses the results of 
checks carried out under section 4 in a manner that--
            (1) limits the dissemination of such results outside the 
        Department only to the covered employer;
            (2) ensures that such results are used only for the purpose 
        of determining the suitability of a covered employee for 
        employment in the private security field; and
            (3) protects covered employees from misuse of such results.

SEC. 9. REGULATIONS.

    The Secretary shall prescribe regulations to carry out this Act.

SEC. 10. CRIMINAL PENALTIES.

    Any person who knowingly and intentionally uses any information 
obtained pursuant to this Act for a purpose other than the purpose of 
determining the suitability of a covered employee for employment in the 
private security field shall be imprisoned not more than 2 years or 
fined under title 18, United States Code, or both.
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