[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2703 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2703

 To amend the Private Security Officer Employment Authorization Act of 
                                 2004.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2007

 Mr. Andrews introduced the following bill; which was referred to the 
 Committee on Education and Labor, 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 Private Security Officer Employment Authorization Act of 
                                 2004.

    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 
Authorization Act of 2007''.

SEC. 2. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY 
              OFFICER EMPLOYMENT.

    Section 6402 of the Private Security Officer Employment 
Authorization Act of 2004 (28 U.S.C. 534 note) is amended--
            (1) in subsection (c)(2)(B), by inserting ``, or through an 
        entity designated by the Attorney General,'' after 
        ``identification bureau'';
            (2) in subsection (d)(1)--
                    (A) in subparagraph (A), by inserting ``, or to an 
                entity designated by the Attorney General,'' after 
                ``participating State''; and
                    (B) in subparagraph (B)--
                            (i) in clause (i), by striking ``to the 
                        State identification bureau of the 
                        participating State'';
                            (ii) by inserting after clause (ii) the 
                        following new clause:
                            ``(iii) Accuracy and completeness.--The 
                        Attorney General shall ensure that there is a 
                        process whereby a covered employee subject to a 
                        request for a National Crime Information Center 
                        criminal history records check under subsection 
                        (c)(1) 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 the employee receives such 
                        results.''.
                    (C) in subparagraph (C)--
                            (i) in the heading, by inserting ``or 
                        authorized employer or entity'' after bureau;
                            (ii) in the text following the heading, by 
                        striking ``submitted through the State 
                        identification bureau of a participating State, 
                        the Attorney General shall'' and inserting 
                        ``the Attorney General or an entity designated 
                        by the Attorney General shall''; and
                            (iii) in clause (ii), by inserting ``or, if 
                        submitted through an entity designated by the 
                        Attorney General, to the employer or entity,'' 
                        before ``requesting the information'';
                    (D) in subparagraph (D)--
                            (i) in clause (i), by striking ``the 
                        information shall be used only as provided in 
                        clause (ii)'' and inserting ``or by an 
                        authorized employer or entity, the information 
                        shall be used only as provided in this Act''; 
                        and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Prohibition.--An authorized employer 
                        may not employ a covered employee to provide a 
                        security service described in subparagraph (B), 
                        unless, in the case of--
                                    ``(I) a participating State that 
                                has no State standards for 
                                qualification to be a private security 
                                officer, the State shall notify an 
                                authorized employer as to the fact of 
                                whether the employee has any unpardoned 
                                conviction under any Federal or State 
                                law of any felony or any one or more of 
                                the following offenses, except that, 
                                for crimes other than those described 
                                in subsection (ll), records will only 
                                be provided for convictions that 
                                occurred during the previous 10 years 
                                or for which the employee completed 
                                serving a prison sentence within the 
                                previous 5 years:
                                            ``(aa) Illegally using, 
                                        carrying, or possessing any 
                                        firearm or other dangerous 
                                        weapon.
                                            ``(bb) Making or possessing 
                                        an instrument, the primary use 
                                        of which would be to facilitate 
                                        burglary, theft, or a similar 
                                        crime.
                                            ``(cc) Buying or receiving 
                                        stolen property.
                                            ``(dd) Unlawful entry of a 
                                        building.
                                            ``(ee) Aiding escape from 
                                        prison.
                                            ``(ff) Unlawfully 
                                        possessing or distributing any 
                                        illegal narcotic drug.
                                            ``(gg) Any act involving 
                                        theft, including theft by 
                                        deception.
                                            ``(hh) Recklessly 
                                        endangering another person.
                                            ``(ii) Making any threat of 
                                        terror.
                                            ``(jj) Any crime of 
                                        violence against another 
                                        individual, including assault 
                                        or battery, or any crime of 
                                        violence against the property 
                                        of an individual.
                                            ``(kk) Attempting or 
                                        conspiring to commit any of the 
                                        offenses described in 
                                        subclauses (I) through (X).
                                            ``(ll) Any other offense 
                                        relevant to the ability of the 
                                        covered employee to provide 
                                        reliable security services, as 
                                        specified by the Attorney 
                                        General by regulation;
                                    ``(II) a participating State that 
                                has State standards for qualification 
                                to be a private security officer, the 
                                State shall use the information 
                                received pursuant to this Act in 
                                applying the State standards and shall 
                                only notify the employer of the results 
                                of the application of the State 
                                standards; or
                                    ``(III) an authorized employer or 
                                entity request through an entity 
                                designated by the Attorney General, the 
                                Attorney General shall notify the 
                                authorized employer or entity as to the 
                                fact of whether an employee has any 
                                unpardoned conviction under any Federal 
                                or State law of any felony or any one 
                                or more of the following offenses, 
                                except that, for crimes other than 
                                those described in subsection (ll), 
                                records will only be provided for 
                                convictions that occurred during the 
                                previous 10 years or for which the 
                                covered employee completed serving a 
                                prison sentence within the previous 5 
                                years:
                                            ``(aa) Illegally using, 
                                        carrying, or possessing any 
                                        firearm or other dangerous 
                                        weapon.
                                            ``(bb) Making or possessing 
                                        an instrument, the primary use 
                                        of which would be to facilitate 
                                        burglary, theft, or a similar 
                                        crime.
                                            ``(cc) Buying or receiving 
                                        stolen property.
                                            ``(dd) Unlawful entry of a 
                                        building.
                                            ``(ee) Aiding escape from 
                                        prison.
                                            ``(ff) Unlawfully 
                                        possessing or distributing any 
                                        illegal narcotic drug.
                                            ``(gg) Any act involving 
                                        theft, including theft by 
                                        deception.
                                            ``(hh) Recklessly 
                                        endangering another person.
                                            ``(ii) Making any threat of 
                                        terror or engaging in any act 
                                        of terror.
                                            ``(jj) Any crime of 
                                        violence against another 
                                        individual, including assault 
                                        or battery, or any crime of 
                                        violence against the property 
                                        of an individual.
                                            ``(kk) Attempting or 
                                        conspiring to commit any of the 
                                        offenses described in 
                                        subclauses (I) through (X).
                                            ``(ll) Any other offense 
                                        relevant to the ability of the 
                                        covered employee to provide 
                                        reliable security services, as 
                                        specified by the Attorney 
                                        General by regulation.'';
                    (E) by redesignating subparagraph (E) as 
                subparagraph (F), and by inserting after subparagraph 
                (D) the following new subparagraph:
                    ``(E) Notifications.--With regard to records that 
                are incomplete, notifications under subparagraph 
                (D)(ii)(lll) shall also provide notice of any state(s) 
                in which such records may be completed or verified.''; 
                and
                    (F) by adding at the end the following new 
                subparagraph:
                    ``(G) Records management.--
                            ``(i) In general.--An authorized 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:
                                    ``(I) Such results are maintained 
                                confidentially.
                                    ``(II) Such results are not misused 
                                or disseminated to any person not 
                                involved in the employment decision 
                                with respect to the covered employee.
                                    ``(III) Subject to paragraph (2), 
                                such results are destroyed within one 
                                year after the latter of the following 
                                dates, with respect to such results:
                                            ``(aa) The first of the 
                                        following dates:

                                                    ``(AA) The date of 
                                                the decision whether to 
                                                employ or continue to 
                                                employ the covered 
                                                employee.

                                                    ``(BB) The date 
                                                that is one year after 
                                                the date on which the 
                                                authorized employer 
                                                received the results.

                                            ``(bb) The date that is one 
                                        year after the final 
                                        disposition of a claim or 
                                        proceeding relating to the 
                                        employment of the covered 
                                        employee.
                            ``(ii) 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.'';
            (3) in subsection (d)(2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (B);
                    (B) by redesignating subparagraph (C) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (B) the 
                following new subparagraphs:
                    ``(C) standards for the scope of access and the 
                methods and time frames for providing access and 
                responses for these checks, including a requirement 
                that a participating state or the FBI or designated 
                entity is required to respond to a submission by an 
                authorized employer, entity, or consumer reporting 
                agency within three business days of the submission of 
                the fingerprints supporting the request for the 
                criminal history record check;
                    ``(D) a process for providing access for employers 
                and entities to FBI-maintained criminal history records 
                when access is unavailable through the state level 
                because the state has not opted to provide such access 
                or does not meet the standards set forth by the 
                Attorney General; and'';
            (4) by redesignating paragraphs (4) and (5) of subsection 
        (d) as paragraphs (6) and (7), respectively, of such 
        subsection; and
            (5) by inserting after paragraph (3) of subsection (d) the 
        following new paragraphs:
            ``(4) No liability for good faith determinations.--No 
        authorized 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 (2)(D)(ii) for purposes of such 
        employer making an employment decision with respect to such 
        employee.
            ``(5) Rule of construction.--Nothing in paragraph (1) shall 
        be construed as preventing an authorized 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.''.
                                 <all>