Secretary shall establish procedures to ensure that the De-
partment of Homeland Security uses the results of crimi-
nal 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 em-
ployer; 
‘‘(2) ensures that such results are used only for 
the purpose of determining the suitability of a cov-
ered 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 know-
ingly and intentionally uses any information obtained pur-
suant 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 impris-
oned not more than two years or fined under title 18, 
United States Code, or both. 
‘‘(j) DEFINITIONS.—For purposes of this section: 
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‘‘(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 em-
ployee by, or seeking employment as an internal 
security employee with, a nongovernmental enti-
ty 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 com-
merce; 
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‘‘(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 re-
spect to itself, is licensed by such jurisdic-
tion 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. 
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‘‘(4) 
NCIC 
CRIMINAL
HISTORY
RECORDS 
CHECK.—The term ‘NCIC criminal history records 
check’ means a criminal history records check con-
ducted through the databases of the National Crime 
Information Center of the Federal Bureau of Inves-
tigation. 
‘‘(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 cov-
ered employees, beginning on the date that is 180 days 
after the date of the enactment of this Act. 
Æ 
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