I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Private Security Offi5 cer Employment Authorization Act of 2007’’. 

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1 SEC. 2. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS 

2 FOR PRIVATE SECURITY OFFICER EMPLOY3 MENT. 

4 Section 6402 of the Private Security Officer Employ5 ment Authorization Act of 2004 (28 U.S.C. 534 note) is 

6 amended— 

7 (1) in subsection (c)(2)(B), by inserting ‘‘, or 

8 through an entity designated by the Attorney Gen9 eral,’’ after ‘‘identification bureau’’; 

10 (2) in subsection (d)(1)— 

11 (A) in subparagraph (A), by inserting ‘‘, or 

12 to an entity designated by the Attorney Gen13 eral,’’ after ‘‘participating State’’; and 

14 (B) in subparagraph (B)— 

15 (i) in clause (i), by striking ‘‘to the 

16 State identification bureau of the partici17 pating State’’; 

18 (ii) by inserting after clause (ii) the 

19 following new clause: 

20 ‘‘(iii) ACCURACY AND COMPLETE21 NESS.—The Attorney General shall ensure 

22 that there is a process whereby a covered 

23 employee subject to a request for a Na24 tional Crime Information Center criminal 

25 history records check under subsection 

26 (c)(1) will have the opportunity to provide 

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1 to the head of the National Crime Infor2 mation Center of the Federal Bureau of 

3 Investigation information concerning the 

4 accuracy or completeness of such results. 

5 The covered employee involved must pro6 vide such information within 30 days after 

7 the employee receives such results.’’. 

8 (C) in subparagraph (C)— 

9 (i) in the heading, by inserting ‘‘OR

10 AUTHORIZED EMPLOYER OR ENTITY’’ after 

11 bureau; 

12 (ii) in the text following the heading, 

13 by striking ‘‘submitted through the State 

14 identification bureau of a participating 

15 State, the Attorney General shall’’ and in16 serting ‘‘the Attorney General or an entity 

17 designated by the Attorney General shall’’; 

18 and 

19 (iii) in clause (ii), by inserting ‘‘or, if 

20 submitted through an entity designated by 

21 the Attorney General, to the employer or 

22 entity,’’ before ‘‘requesting the informa23 tion’’; 

24 (D) in subparagraph (D)— 

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1 (i) in clause (i), by striking ‘‘the infor2 mation shall be used only as provided in 

3 clause (ii)’’ and inserting ‘‘or by an au4 thorized employer or entity, the informa5 tion shall be used only as provided in this 

6 Act’’; and 

7 (ii) by amending clause (ii) to read as 

8 follows: 

9 ‘‘(ii) PROHIBITION.—An authorized 

10 employer may not employ a covered em11 ployee to provide a security service de12 scribed in subparagraph (B), unless, in the 

13 case of— 

14 ‘‘(I) a participating State that 

15 has no State standards for qualifica16 tion to be a private security officer, 

17 the State shall notify an authorized 

18 employer as to the fact of whether the 

19 employee has any unpardoned convic20 tion under any Federal or State law 

21 of any felony or any one or more of 

22 the following offenses, except that, for 

23 crimes other than those described in 

24 subsection (ll), records will only be 

25 provided for convictions that occurred 

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1 during the previous 10 years or for 

2 which the employee completed serving 

3 a prison sentence within the previous 

4 5 years: 

5 ‘‘(aa) Illegally using, car6 rying, or possessing any firearm 

7 or other dangerous weapon. 

8 ‘‘(bb) Making or possessing 

9 an instrument, the primary use 

10 of which would be to facilitate 

11 burglary, theft, or a similar 

12 crime. 

13 ‘‘(cc) Buying or receiving 

14 stolen property. 

15 ‘‘(dd) Unlawful entry of a 

16 building. 

17 ‘‘(ee) Aiding escape from 

18 prison. 

19 ‘‘(ff) Unlawfully possessing 

20 or distributing any illegal nar21 cotic drug. 

22 ‘‘(gg) Any act involving 

23 theft, including theft by decep24 tion. 

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1 ‘‘(hh) Recklessly endan2 gering another person. 

3 ‘‘(ii) Making any threat of 

4 terror. 

5 ‘‘(jj) Any crime of violence 

6 against another individual, in7 cluding assault or battery, or any 

8 crime of violence against the 

9 property of an individual. 

10 ‘‘(kk) Attempting or con11 spiring to commit any of the of12 fenses described in subclauses (I) 

13 through (X). 

14 ‘‘(ll) Any other offense rel15 evant to the ability of the covered 

16 employee to provide reliable secu17 rity services, as specified by the 

18 Attorney General by regulation; 

19 ‘‘(II) a participating State that 

20 has State standards for qualification 

21 to be a private security officer, the 

22 State shall use the information re23 ceived pursuant to this Act in apply24 ing the State standards and shall only 

25 notify the employer of the results of 

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1 the application of the State standards; 

2 or 

3 ‘‘(III) an authorized employer or 

4 entity request through an entity des5 ignated by the Attorney General, the 

6 Attorney General shall notify the au7 thorized employer or entity as to the 

8 fact of whether an employee has any 

9 unpardoned conviction under any Fed10 eral or State law of any felony or any 

11 one or more of the following offenses, 

12 except that, for crimes other than 

13 those described in subsection (ll), 

14 records will only be provided for con15 victions that occurred during the pre16 vious 10 years or for which the cov17 ered employee completed serving a 

18 prison sentence within the previous 5 

19 years: 

20 ‘‘(aa) Illegally using, car21 rying, or possessing any firearm 

22 or other dangerous weapon. 

23 ‘‘(bb) Making or possessing 

24 an instrument, the primary use 

25 of which would be to facilitate 

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1 burglary, theft, or a similar 

2 crime. 

3 ‘‘(cc) Buying or receiving 

4 stolen property. 

5 ‘‘(dd) Unlawful entry of a 

6 building. 

7 ‘‘(ee) Aiding escape from 

8 prison. 

9 ‘‘(ff) Unlawfully possessing 

10 or distributing any illegal nar11 cotic drug. 

12 ‘‘(gg) Any act involving 

13 theft, including theft by decep14 tion. 

15 ‘‘(hh) Recklessly endan16 gering another person. 

17 ‘‘(ii) Making any threat of 

18 terror or engaging in any act of 

19 terror. 

20 ‘‘(jj) Any crime of violence 

21 against another individual, in22 cluding assault or battery, or any 

23 crime of violence against the 

24 property of an individual. 

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1 ‘‘(kk) Attempting or con2 spiring to commit any of the of3 fenses described in subclauses (I) 

4 through (X). 

5 ‘‘(ll) Any other offense rel6 evant to the ability of the covered 

7 employee to provide reliable secu8 rity services, as specified by the 

9 Attorney General by regulation.’’; 

10 (E) by redesignating subparagraph (E) as 

11 subparagraph (F), and by inserting after sub12 paragraph (D) the following new subparagraph: 

13 ‘‘(E) NOTIFICATIONS.—With regard to 

14 records that are incomplete, notifications under 

15 subparagraph (D)(ii)(lll) shall also provide no16 tice of any state(s) in which such records may 

17 be completed or verified.’’; and 

18 (F) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(G) RECORDS MANAGEMENT.— 

21 ‘‘(i) IN GENERAL.—An authorized em22 ployer receiving any results from a crimi23 nal history records check carried out under 

24 subsection (c)(1), with respect to a covered 

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1 employee, shall ensure each of the fol2 lowing: 

3 ‘‘(I) Such results are maintained 

4 confidentially. 

5 ‘‘(II) Such results are not mis6 used or disseminated to any person 

7 not involved in the employment deci8 sion with respect to the covered em9 ployee. 

10 ‘‘(III) Subject to paragraph (2), 

11 such results are destroyed within one 

12 year after the latter of the following 

13 dates, with respect to such results: 

14 ‘‘(aa) The first of the fol15 lowing dates: 

16 ‘‘(AA) The date of the 

17 decision whether to employ 

18 or continue to employ the 

19 covered employee. 

20 ‘‘(BB) The date that is 

21 one year after the date on 

22 which the authorized em23 ployer received the results. 

24 ‘‘(bb) The date that is one 

25 year after the final disposition of 

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1 a claim or proceeding relating to 

2 the employment of the covered 

3 employee. 

4 ‘‘(ii) NO DESTRUCTION OF RESULTS

5 IF RELATED CLAIM PENDING.—In no case 

6 shall the results from a criminal history 

7 records check carried out under subsection 

8 (c)(1) be destroyed pursuant to paragraph 

9 (1)(C) while a claim or proceeding de10 scribed in clause (ii) of such paragraph is 

11 pending.’’; 

12 (3) in subsection (d)(2)— 

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (B); 

15 (B) by redesignating subparagraph (C) as 

16 subparagraph (E); and 

17 (C) by inserting after subparagraph (B) 

18 the following new subparagraphs: 

19 ‘‘(C) standards for the scope of access and 

20 the methods and time frames for providing ac21 cess and responses for these checks, including a 

22 requirement that a participating state or the 

23 FBI or designated entity is required to respond 

24 to a submission by an authorized employer, en25 tity, or consumer reporting agency within three 

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1 business days of the submission of the finger2 prints supporting the request for the criminal 

3 history record check; 

4 ‘‘(D) a process for providing access for em5 ployers and entities to FBI-maintained criminal 

6 history records when access is unavailable 

7 through the state level because the state has 

8 not opted to provide such access or does not 

9 meet the standards set forth by the Attorney 

10 General; and’’; 

11 (4) by redesignating paragraphs (4) and (5) of 

12 subsection (d) as paragraphs (6) and (7), respec13 tively, of such subsection; and 

14 (5) by inserting after paragraph (3) of sub15 section (d) the following new paragraphs: 

16 ‘‘(4) NO LIABILITY FOR GOOD FAITH DETER17 MINATIONS.—No authorized employer shall be liable 

18 for any determination made by such employer in 

19 good faith that an offense identified from a criminal 

20 history records check conducted under subsection (c) 

21 for such employer on a covered employee is within 

22 the scope of offenses described in paragraph 

23 (2)(D)(ii) for purposes of such employer making an 

24 employment decision with respect to such employee. 

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1 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

2 paragraph (1) shall be construed as preventing an 

3 authorized employer from making an employment 

4 decision, with respect to a covered employee, based 

5 on any lawful reason not described in such sub6 section, including the reason that the results of a 

7 criminal history records check conducted under sub8 section (c)(1) (or any other information made avail9 able to the employer) on such employee indicate that 

10 the employment of the employee would violate any 

11 applicable State law.’’. 

Æ 

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