[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5893 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5893

 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 
 to require the Secretary of Homeland Security to provide for National 
    Crime Information Center criminal history records checks of the 
 employees and prospective employees of providers of private security 
 services and to require such providers to employ only those employees 
    whose records checks do not show a history of certain offenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2006

 Mr. Andrews 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 amend the Intelligence Reform and Terrorism Prevention Act of 2004 
 to require the Secretary of Homeland Security to provide for National 
    Crime Information Center criminal history records checks of the 
 employees and prospective employees of providers of private security 
 services and to require such providers to employ only those employees 
    whose records checks do not show a history of certain offenses.

    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 Officer Employment 
Enhancement Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) One of the legacies of the horrific attacks of 
        September 11, 2001, is the need for enhanced security of the 
        United States. Meeting this need has imposed serious stresses 
        on government agencies at all levels and entities whose primary 
        task is the protection of the key assets of the United States 
        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'', 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 the Federal 
        Government and the private sector.
            (3) Such Report recognized that terrorists, in the pursuit 
        of their long-term, strategic objectives, will likely continue 
        to attack critical infrastructures and key assets of the United 
        States, 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 key assets of the United 
        States and the life, health, and property of its populace has 
        increased significantly since September 11, 2001, and will 
        continue to do so.
            (5) Because of enhanced security needs, businesses 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 
        key assets of the United States and to protect the life, 
        health, and property of its populace continues to grow, the 
        hiring and placement decisions of such companies (which employ 
        more than 500,000 private security officers nationwide) have 
        become critical. Such decisions determine who will protect the 
        United States 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 a criminal background 
        checking system that is efficient, inclusive, nationwide in 
        scope, dependable, and technologically advanced, in order to 
        minimize the occurrence of dangerous and disastrous placement 
        and hiring decisions.
            (7) Companies cannot properly and effectively evaluate 
        their prospective and current internal security employees 
        without access to the criminal history records available 
        through the National Crime Information Center (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 such companies and businesses can safely 
        and effectively partner with Federal, State, and local 
        governments in the effort to protect the United States.
            (8) Given its critical role in the security of the United 
        States, 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. IMPROVED CRIMINAL HISTORY RECORDS SEARCH FOR PURPOSES OF 
              EMPLOYMENT OF COVERED PRIVATE SECURITY OFFICERS.

    Section 6402 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (118 Stat. 3755, 28 U.S.C. 534 note) is amended by striking 
subsection (c) and all that follows through the end and inserting the 
following new subsections:
    ``(c) Requirement To Provide NCIC Information Upon Request.--
            ``(1) In general.--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 the covered employee and provide the results of 
        the check to the covered employer, in accordance with this 
        section.
            ``(2) Fingerprints.--A request under paragraph (1) 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 paragraph (1), the 
        Attorney General shall, notwithstanding any other provision of 
        law, provide for--
                    ``(A) an NCIC criminal history records check to be 
                carried out with respect to that covered employee; and
                    ``(B) the results of that check to be transmitted 
                to the Secretary.
            ``(3) Fee.--The Secretary may, by regulation, establish and 
        collect a reasonable fee for conducting a criminal history 
        records check under paragraph (1).
    ``(d) Use of NCIC Information by Covered Employers.--
            ``(1) Prohibition.--
                    ``(A) In general.--A covered employer may not 
                employ a covered employee to provide a security service 
                described in subparagraph (B), unless--
                            ``(i) the covered employer first obtains 
                        the results of an NCIC criminal history records 
                        check with respect to that covered employee; 
                        and
                            ``(ii) 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:
                                    ``(I) Illegally using, carrying, or 
                                possessing any firearm or other 
                                dangerous weapon.
                                    ``(II) Making or possessing an 
                                instrument, the primary use of which 
                                would be to facilitate burglary, theft, 
                                or a similar crime.
                                    ``(III) Buying or receiving stolen 
                                property.
                                    ``(IV) Unlawful entry of a 
                                building.
                                    ``(V) Aiding escape from prison.
                                    ``(VI) Unlawfully possessing or 
                                distributing any illegal narcotic drug.
                                    ``(VII) Any act involving theft, 
                                including theft by deception.
                                    ``(VIII) Recklessly endangering 
                                another person.
                                    ``(IX) Making any threat of terror.
                                    ``(X) Any crime of violence against 
                                another individual, including assault 
                                or battery, or any crime of violence 
                                against the property of an individual.
                                    ``(XI) Attempting or conspiring to 
                                commit any of the offenses described in 
                                subclauses (I) through (X).
                                    ``(XII) Any other offense relevant 
                                to the ability of the covered employee 
                                to provide reliable security services, 
                                as specified by the Secretary by 
                                regulation.
                    ``(B) Security service described.--For purposes of 
                this section, a security service is--
                            ``(i) guarding, protecting, or securing any 
                        asset or personnel of the covered employer or 
                        any asset or personnel of any customer of such 
                        employer; or
                            ``(ii) directly or indirectly supervising 
                        the activities of any other employee of such 
                        employer who guards, protects, or secures any 
                        such asset or personnel.
            ``(2) Delayed applicability for current employees.--In the 
        case of a covered employee who, as of the effective date 
        described in section 4 of the Private Security Officer 
        Employment Enhancement Act of 2006, is employed by a covered 
        employer to provide a security service, the prohibition under 
        paragraph (1) shall not apply to such employer with respect to 
        such employee until--
                    ``(A) the given date that is six months after such 
                effective date; or
                    ``(B) a later date specified by the Secretary, in 
                the case in which the Secretary certifies that the 
                results of the records check could not be obtained by 
                the given date described in subparagraph (A) despite 
                the exercise of reasonable diligence on the part of 
                both the employee and the employer.
            ``(3) No liability for good faith determinations.--No 
        covered employer shall be liable for any determination made by 
        such employer in good faith that an offense identified from a 
        criminal history records check conducted under subsection (c) 
        for such employer on a covered employee is within the scope of 
        offenses described in paragraph (1)(A)(ii) for purposes of such 
        employer making an employment decision with respect to such 
        employee.
            ``(4) Rule of construction.--Nothing in paragraph (1) shall 
        be construed as preventing a covered employer from making an 
        employment decision, with respect to a covered employee, based 
        on any lawful reason not described in such subsection, 
        including the reason that the results of a criminal history 
        records check conducted under subsection (c)(1) (or any other 
        information made available to the employer) on such employee 
        indicate that the employment of the employee would violate any 
        applicable State law.
            ``(5) Non-application of fair credit reporting act.--The 
        provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et 
        seq.) shall not apply to an NCIC criminal history records check 
        conducted under subsection (c).
    ``(e) Employee Rights.--
            ``(1) Written consent.--A covered employer may not make a 
        request under subsection (c)(1) with respect to a covered 
        employee, or obtain the fingerprints of a covered employee 
        under subsection (c)(2), without the written consent of that 
        employee.
            ``(2) Frequency of requests.--A covered employer that makes 
        a request under subsection (c)(1) 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--
                    ``(A) such request is made at least 12 months after 
                the previous request; or
                    ``(B) good cause (including for purposes of a 
                promotion of the covered employee) exists.
            ``(3) Accuracy and completeness.--The Secretary shall 
        ensure that each covered employee subject to a request for an 
        NCIC criminal history records check under subsection (c)(1) 
        will receive the results of the check and will have the 
        opportunity to provide to the head of the National Crime 
        Information Center of the Federal Bureau of Investigation 
        information concerning the accuracy or completeness of such 
        results. The covered employee involved must provide such 
        information within 30 days after receipt of such results.
    ``(f) Records Management.--
            ``(1) In general.--A covered employer receiving any results 
        from a criminal history records check carried out under 
        subsection (c)(1), with respect to a covered employee, shall 
        ensure each of the following:
                    ``(A) Such results are maintained confidentially.
                    ``(B) Such results are not misused or disseminated 
                to any person not involved in the employment decision 
                with respect to the covered employee.
                    ``(C) Subject to paragraph (2), such results are 
                destroyed within one year after the latter of the 
                following dates, with respect to such results:
                            ``(i) The first of the following dates:
                                    ``(I) The date of the decision 
                                whether to employ or continue to employ 
                                the covered employee.
                                    ``(II) The date that is one year 
                                after the date on which the covered 
                                employer received the results.
                            ``(ii) The date that is one year after the 
                        final disposition of a claim or proceeding 
                        relating to the employment of the covered 
                        employee.
            ``(2) No destruction of results if related claim pending.--
        In no case shall the results from a criminal history records 
        check carried out under subsection (c)(1) be destroyed pursuant 
        to paragraph (1)(C) while a claim or proceeding described in 
        clause (ii) of such paragraph is pending.
    ``(g) Use of Information by Department of Homeland Security.--In 
carrying out this section, the Secretary shall establish procedures to 
ensure that the Department of Homeland Security uses the results of 
criminal history records checks carried out under subsection (c)(1) 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 any use of such 
        results that is in violation of the provisions of this section.
    ``(h) Regulations.--The Secretary shall prescribe regulations to 
carry out this section.
    ``(i) Criminal Penalties.--Any person who knowingly and 
intentionally uses any information obtained pursuant to this section 
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 two years or fined under title 18, United 
States Code, or both.
    ``(j) Definitions.--For purposes of this section:
            ``(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 entity that provides security services; 
                or
                    ``(B) employed as an internal security employee by, 
                or seeking employment as an internal security employee 
                with, a nongovernmental entity that has more than 50 
                employees, of which three or more are internal security 
                employees.
            ``(2) Covered employer.--The term `covered employer' 
        means--
                    ``(A) any nongovernmental entity that--
                            ``(i) provides security 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 entity that--
                            ``(i) has more than 50 employees, of which 
                        three 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 entity employing such employee.
            ``(4) NCIC criminal history records check.--The term `NCIC 
        criminal history records check' means a criminal history 
        records check conducted through the databases of the National 
        Crime Information Center of the Federal Bureau of 
        Investigation.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Homeland Security.
            ``(6) State.--The term `State' includes the 50 States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and any 
        other territory or possession of the United States.''.

SEC. 4. EFFECTIVE DATE.

    The amendment made by section 3 shall take effect as of the date of 
enactment and shall apply to employment decisions made by covered 
employers, with respect to covered employees, beginning on the date 
that is 180 days after the date of the enactment of this Act.
                                 <all>