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 Com-
mittee 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 jurisdic-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Private Security Offi-
cer Employment Authorization Act of 2007’’. 
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SEC. 2. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS 
FOR PRIVATE SECURITY OFFICER EMPLOY-
MENT. 
Section 6402 of the Private Security Officer Employ-
ment 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 Gen-
eral,’’ after ‘‘identification bureau’’; 
(2) in subsection (d)(1)— 
(A) in subparagraph (A), by inserting ‘‘, or 
to an entity designated by the Attorney Gen-
eral,’’ after ‘‘participating State’’; and 
(B) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘to the 
State identification bureau of the partici-
pating State’’; 
(ii) by inserting after clause (ii) the 
following new clause: 
‘‘(iii) ACCURACY
AND
COMPLETE-
NESS.—The Attorney General shall ensure 
that there is a process whereby a covered 
employee subject to a request for a Na-
tional Crime Information Center criminal 
history records check under subsection 
(c)(1) will have the opportunity to provide 
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to the head of the National Crime Infor-
mation Center of the Federal Bureau of 
Investigation information concerning the 
accuracy or completeness of such results. 
The covered employee involved must pro-
vide 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 in-
serting ‘‘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 informa-
tion’’; 
(D) in subparagraph (D)— 
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(i) in clause (i), by striking ‘‘the infor-
mation shall be used only as provided in 
clause (ii)’’ and inserting ‘‘or by an au-
thorized employer or entity, the informa-
tion 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 em-
ployee to provide a security service de-
scribed in subparagraph (B), unless, in the 
case of— 
‘‘(I) a participating State that 
has no State standards for qualifica-
tion to be a private security officer, 
the State shall notify an authorized 
employer as to the fact of whether the 
employee has any unpardoned convic-
tion 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 
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during the previous 10 years or for 
which the employee completed serving 
a prison sentence within the previous 
5 years: 
‘‘(aa) Illegally using, car-
rying, 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 nar-
cotic drug. 
‘‘(gg) 
Any 
act 
involving 
theft, including theft by decep-
tion. 
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‘‘(hh) 
Recklessly 
endan-
gering another person. 
‘‘(ii) Making any threat of 
terror. 
‘‘(jj) Any crime of violence 
against another individual, in-
cluding assault or battery, or any 
crime of violence against the 
property of an individual. 
‘‘(kk) Attempting or con-
spiring to commit any of the of-
fenses described in subclauses (I) 
through (X). 
‘‘(ll) Any other offense rel-
evant to the ability of the covered 
employee to provide reliable secu-
rity 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 re-
ceived pursuant to this Act in apply-
ing the State standards and shall only 
notify the employer of the results of 
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the application of the State standards; 
or 
‘‘(III) an authorized employer or 
entity request through an entity des-
ignated by the Attorney General, the 
Attorney General shall notify the au-
thorized employer or entity as to the 
fact of whether an employee has any 
unpardoned conviction under any Fed-
eral 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 con-
victions that occurred during the pre-
vious 10 years or for which the cov-
ered employee completed serving a 
prison sentence within the previous 5 
years: 
‘‘(aa) Illegally using, car-
rying, or possessing any firearm 
or other dangerous weapon. 
‘‘(bb) Making or possessing 
an instrument, the primary use 
of which would be to facilitate 
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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 nar-
cotic drug. 
‘‘(gg) 
Any 
act 
involving 
theft, including theft by decep-
tion. 
‘‘(hh) 
Recklessly 
endan-
gering another person. 
‘‘(ii) Making any threat of 
terror or engaging in any act of 
terror. 
‘‘(jj) Any crime of violence 
against another individual, in-
cluding assault or battery, or any 
crime of violence against the 
property of an individual. 
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‘‘(kk) Attempting or con-
spiring to commit any of the of-
fenses described in subclauses (I) 
through (X). 
‘‘(ll) Any other offense rel-
evant to the ability of the covered 
employee to provide reliable secu-
rity services, as specified by the 
Attorney General by regulation.’’; 
(E) by redesignating subparagraph (E) as 
subparagraph (F), and by inserting after sub-
paragraph (D) the following new subparagraph: 
‘‘(E) NOTIFICATIONS.—With regard to 
records that are incomplete, notifications under 
subparagraph (D)(ii)(lll) shall also provide no-
tice 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 em-
ployer receiving any results from a crimi-
nal history records check carried out under 
subsection (c)(1), with respect to a covered 
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employee, shall ensure each of the fol-
lowing: 
‘‘(I) Such results are maintained 
confidentially. 
‘‘(II) Such results are not mis-
used or disseminated to any person 
not involved in the employment deci-
sion with respect to the covered em-
ployee. 
‘‘(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 fol-
lowing 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 em-
ployer received the results. 
‘‘(bb) The date that is one 
year after the final disposition of 
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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 de-
scribed in clause (ii) of such paragraph is 
pending.’’; 
(3) in subsection (d)(2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (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 ac-
cess 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, en-
tity, or consumer reporting agency within three 
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business days of the submission of the finger-
prints supporting the request for the criminal 
history record check; 
‘‘(D) a process for providing access for em-
ployers 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), respec-
tively, of such subsection; and 
(5) by inserting after paragraph (3) of sub-
section (d) the following new paragraphs: 
‘‘(4) NO LIABILITY FOR GOOD FAITH DETER-
MINATIONS.—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. 
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