Private Security Officer Employment Enhancement Act of 2006 - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretary of Homeland Security, upon request by a covered employer (certain non-governmental companies that provide security guard services or that have more than 50 employees of which at least three are internal security employees), to provide for a National Crime Information Center (NCIC) criminal history records check on a current or prospective employee. Requires such request to include fingerprints.
Prohibits such an employer from employing such an employee to provide any security service unless: (1) the employer first obtains the results of an NCIC criminal history records check; and (2) neither the results of that check nor any other information made available to the employer indicate that the employee has any unpardoned convictions under federal or state law of any felony or specified offenses.
Prohibits such an employer from making such a request without the employee's consent. Requires an employer to ensure that information received is maintained confidentially, not misused, and destroyed within a specified time. Directs the Secretary to establish procedures to ensure that the Department of Homeland Security properly uses the results.
Provides criminal penalties for knowingly and intentionally using any information obtained for a purpose other than determining suitability for employment.
[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>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Employer-Employee Relations.
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