I 
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 employ-
ees 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 Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in 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 Secu-
rity 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Private Security Offi-
cer 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 se-
curity of the United States. Meeting this need has 
imposed serious stresses on government agencies at 
all levels and entities whose primary task is the pro-
tection 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 Phys-
ical 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 Fed-
eral 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 major-
ity of which are owned and operated by the private 
sector. 
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(4) Because of enhanced security needs, the use 
of private security companies in guarding the key as-
sets 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, busi-
nesses 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 deci-
sions 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 in-
ternal security services have experienced a height-
ened need to improve their internal security meas-
ures and to obtain more information about the indi-
viduals who provide their internal security. It has, 
therefore, become imperative that companies employ-
ing or hiring security personnel have access to a 
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criminal background checking system that is effi-
cient, 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 secu-
rity employees without access to the criminal history 
records available through the National Crime Infor-
mation 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 busi-
nesses 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 Secu-
rity, 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. 
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SEC. 3. IMPROVED CRIMINAL HISTORY RECORDS SEARCH 
FOR PURPOSES OF EMPLOYMENT OF COV-
ERED PRIVATE SECURITY OFFICERS. 
Section 6402 of the Intelligence Reform and Ter-
rorism 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 INFORMA-
TION UPON REQUEST.— 
‘‘(1) IN GENERAL.—The Secretary shall, upon 
receipt of a request by a covered employer with re-
spect 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 para-
graph (1) shall include the fingerprints of the cov-
ered employee, which shall be submitted electroni-
cally 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— 
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‘‘(A) an NCIC criminal history records 
check to be carried out with respect to that cov-
ered employee; and 
‘‘(B) the results of that check to be trans-
mitted 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 EM-
PLOYERS.— 
‘‘(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 con-
viction under any Federal or State law of 
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any felony or any one or more of the fol-
lowing offenses: 
‘‘(I) Illegally using, carrying, or 
possessing any firearm or other dan-
gerous weapon. 
‘‘(II) Making or possessing an in-
strument, 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 build-
ing. 
‘‘(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 ter-
ror. 
‘‘(X) Any crime of violence 
against another individual, including 
assault or battery, or any crime of vi-
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olence against the property of an indi-
vidual. 
‘‘(XI) Attempting or conspiring 
to commit any of the offenses de-
scribed 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 regula-
tion. 
‘‘(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 em-
ployer 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 En-
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hancement Act of 2006, is employed by a covered 
employer to provide a security service, the prohibi-
tion under paragraph (1) shall not apply to such em-
ployer 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 Sec-
retary, in the case in which the Secretary cer-
tifies that the results of the records check could 
not be obtained by the given date described in 
subparagraph (A) despite the exercise of rea-
sonable diligence on the part of both the em-
ployee and the employer. 
‘‘(3) NO LIABILITY FOR GOOD FAITH DETER-
MINATIONS.—No covered employer shall be liable for 
any determination made by such employer in good 
faith that an offense identified from a criminal his-
tory 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 deci-
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sion, 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 appli-
cable State law. 
‘‘(5) NON-APPLICATION
OF
FAIR
CREDIT
RE-
PORTING 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 there-
after employs that employee for a continuous period 
may not make another such request with respect to 
such employee unless— 
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‘‘(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 Informa-
tion 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 re-
ceipt of such results. 
‘‘(f) RECORDS MANAGEMENT.— 
‘‘(1) IN GENERAL.—A covered employer receiv-
ing 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 fol-
lowing: 
‘‘(A) Such results are maintained confiden-
tially. 
‘‘(B) Such results are not misused or dis-
seminated to any person not involved in the em-
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ployment decision with respect to the covered 
employee. 
‘‘(C) Subject to paragraph (2), such re-
sults 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 em-
ploy 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 pro-
ceeding relating to the employment of the 
covered employee. 
‘‘(2) NO
DESTRUCTION
OF
RESULTS
IF
RE-
LATED CLAIM PENDING.—In no case shall the re-
sults from a criminal history records check carried 
out under subsection (c)(1) be destroyed pursuant to 
paragraph (1)(C) while a claim or proceeding de-
scribed in clause (ii) of such paragraph is pending. 
‘‘(g) USE OF INFORMATION BY DEPARTMENT OF 
HOMELAND SECURITY.—In carrying out this section, the 
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