HR 2656 IH
To encourage States to ensure the quality of private security services, and the competence of private security officer personnel, by authorizing funds for that purpose.
July 15, 1993
Mr. SUNDQUIST introduced the following bill; which was referred jointly to the Committees on the Judiciary and Education and Labor
To encourage States to ensure the quality of private security services, and the competence of private security officer personnel, by authorizing funds for that purpose.
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 `Security Officers Employment Standards Act of 1993'.
SEC. 2. FINDINGS.
- The Congress finds that--
- (1) more than 1,500,000 private security personnel in the United States protect the citizens and property of the Nation;
- (2) for many entities, private security officers from private security companies are rapidly replacing public sector law enforcement officers;
- (3) such private security officers protect individuals, tangible and intangible property and proprietary information and provide protection to such diverse operations as banks, hospitals, chemical companies, airports, communication facilities and operations, office complexes, schools, oil and gas refineries, and many others;
- (4) the trend in the Nation toward privatization in such security services has accelerated rapidly as the per capita number of public sector law enforcement officers has decreased;
- (5) the trend toward such privatization is to be applauded, as such privatization frees up public sector law enforcement officers to combat serious and violent crimes;
- (6) such trend creates an increase in the need for highly qualified professional private security officers;
- (7) possible applicants for such private security officer positions should be screened as thoroughly as possible, particularly since many private security officers bear weapons;
- (8) industry standards for the selection, training, and supervision of qualified private security personnel are essential to protect the safety and welfare of the general public;
- (9) security officers should be psychologically and physically fit to perform the job which includes being able to prevent as well as respond to all types of emergency situations; and
- (10) if such industry standards are not developed, there will be an excessive burden on public sector law enforcement officers and unfit individuals will continue to be placed into positions of trust often bearing weapons and committing violent crimes.
SEC. 3. DEFINITIONS.
- For purposes of this Act:
- (1) The term `felony' means an offense for which a term of imprisonment may exceed 1 year.
- (2) The term `misdemeanor' means an offense for which a maximum term of imprisonment of 1 year or less may be imposed.
- (3) The term `private security officer' means any person, other than an individual employed in active military service or a law enforcement officer employed by any governmental unit while performing official duties, who performs one or more of the following functions--
- (A) prevention of intrusion, entry, larceny, vandalism, abuse, fire, or trespass on public or private property;
- (B) prevention, observation, or detection of any unauthorized activity on public or private property;
- (C) control, regulation, or direction of the flow or movements of the public, whether by vehicle or otherwise, to assure the protection of property;
- (D) protection of individuals from bodily harm;
- (E) protection of tangible and intangible property and proprietary information; and
- (F) providing secured transportation and protection from one place or point to another.
- (4) The term `registration permit' means a license, permit, certificate, registration card, or other formal written permission to provide security services.
- (5) The term `security service contractor' means any private entity which contracts to provide the services of a security officer.
- (6) The term `State' means any of the several States or the District of Columbia.
- (7) The term `State regulatory agency' means an appropriate State regulatory entity.
- (8) The term `employer' means a security service contractor.
SEC. 4. IMPLEMENTATION OF REQUIREMENTS.
- Each State that receives funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 shall allocate not less than 5 percent of such funds to the implementation of the requirements of this Act.
SEC. 5. ISSUANCE OF STATE LICENSES TO SECURITY SERVICE CONTRACTORS; REGULATION OF PRIVATE SECURITY SERVICES.
- (a) REQUIREMENTS- A State shall have in effect screening, training, and other requirements and procedures for issuing licenses to and reviewing security services of security contractors.
- (b) LIMITATION ON FEES FOR ISSUANCE OF LICENSES- A State may not impose on security contractors a license issuance fee in excess of the prorated direct costs of administering the requirements and procedure described in subsection (a).
- (c) ASSIGNMENT OF PRIVATE SECURITY OFFICERS- (1) Except as provided in paragraphs (2), (3), and (4) of this subsection and subject to section 9, the requirements and procedures described in subsection (a) shall provide, at a minimum, that an employer may not assign an employee to duty as a private security officer until such employee obtains a security officer's registration permit as provided in section 8(a).
- (2) An employer may assign an employee to duty as an unarmed private security officer pending the results of the preassignment check of records and evaluation described in sections 6(a)(3) and (4) and the issuance of such permit if, before the assignment--
- (A) such employer--
- (i) certified that the employee's application was completed as required by section 6(a)(1);
- (ii) provided the certifications required by subparagraphs (A) through (H) of section 6(a)(2); and
- (B) such employee completed the training required by section 7(a)(1).
- (3) If an individual is employed by an employer in a State in which such individual holds a valid private security officer's registration permit, such employer may assign such individual to duty as a private security officer (including an armed private security officer) for a period not to exceed 90 days in a State in which such individual does not hold a valid private security officer's registration permit.
- (4) If an individual applying for a security officer position already has a valid unexpired registration permit issued by the State in which the individual will work, the employer may assign the individual as a security officer without the individual obtaining a new permit. In such case, the employer must ensure that all the requirements of paragraphs (1) through (4) of section 6(a) are met, but the employer need not certify the information to the State.
SEC. 6. PREASSIGNMENT SCREENING.
- (a) PREASSIGNMENT REQUIREMENTS- Each State shall have in effect a program for issuing registration permits to private security officers that requires at a minimum, and except as provided in section 5(c) and subject to section 9, that an employer not assign an employee to duty as a private security officer until such employer submits to the State regulatory agency all of the following:
- (1) A certification that the employee completed an application for employment, including a history of all prior employment and military service, education, personal references, credit history, a description of such employee's arrests and convictions, and use of illegal drugs.
- (2) A certification that--
- (A) the employer verified such employee's employment history for at least the 10-year period ending on the date of application for employment;
- (B) the employer verified such personal references;
- (C) the employer verified that the employee is a United States citizen;
- (D) the employer reviewed evidence of the employee's military discharge record, such as a DD-214;
- (E) the employer verified that the employee has a high school diploma or equivalent;
- (F) the employee has passed a drug screening test administered by the employer according to a testing procedure that meets the guidelines of the National Institute on Drug Abuse, or any other successor organization, and which tests for at least the following ten drugs: amphetamines, barbiturates, benzodiazepines, marijuana, cocaine, methadone, methaqualone, codeine/morphine, phencyclidine hydrochloride, propoxyphene hydrochloride;
- (G) the employee has undergone a test or evaluation evincing a level of physical fitness commensurate with the demands of the security officer position; and
- (H) the employer has submitted the employee's fingerprints to the National Crime Information Center and the Federal Bureau of Investigation and to the State regulatory agency or appropriate body for a check of the State criminal history records.
- (3) The results of a check of records, obtained at the request of such employer, through the National Crime Information Center and fingerprint records on file with the Federal Bureau of Investigation.
- (4) A certification that the employee has undergone a psychological evaluation, such as the Minnesota Multiphasic Personality Inventory--2, or other similar test approved by the State regulatory agency, conducted by a person that such agency determines to be qualified.
- (b) EXEMPTION- Section 552a(b) of title 5, United States Code, shall not apply with respect to the disclosure of the records described in subsection (a)(3) of this Act relating to employment by such employer if such employer certifies to the Attorney General that such disclosure is requested for the purpose of assigning an employee to duty as a private security officer.
- (c) PRIVATE EMPLOYERS- Section 534(d) of title 28, United States Code, is amended by inserting the following:
- `(3) Private employers the primary business of which consists of contracting to provide the services of a security officer.'.
- (d) ISSUANCE OF RULES BY THE ATTORNEY GENERAL- The Attorney General shall issue rules--
- (1) establishing procedures for the disclosure of records requested by employers for the purpose of complying with subsection (a)(3), and
- (2) requiring such employers to pay to the disclosing agency a fee that represents the actual cost of disclosing such records.
SEC. 7. PRIVATE SECURITY OFFICER TRAINING.
- (a) TRAINING- Each State shall have in effect training requirements for private security officers that consist of, at a minimum--
- (1) For armed and unarmed private security officers--
- (A) Sixteen hours of initial training, at least 8 of which must be pre-assignment training and the balance of which may be on the job training.
- (B) Such instruction shall include--
- (i) fire protection and fire prevention;
- (ii) first aid;
- (iii) legal information relevant to providing security services, including the powers of arrest, use of force and search and seizure;
- (iv) fundamentals of patrolling, observation and reporting procedures;
- (v) building safety;
- (vi) methods of handling crisis situations, responding to emergencies, and notifying public authorities;
- (vii) methods of crowd control;
- (viii) the use of equipment needed in providing security services;
- (ix) technical writing for reports;
- (x) responsibilities for proper use of uniforms;
- (xi) ethical conduct of security officers; and
- (xii) universal precautions for the prevention of contagious diseases.
- (2) For armed private security officers, training shall also include--
- (A) twenty hours of weapons instruction (including marksmanship described in subparagraph (B)) and successful completion of a written examination on--
- (i) the legal limitations on the use of weapons;
- (ii) weapons handling;
- (iii) safety and maintenance; and
- (B) a minimum marksmanship qualification of 70 percent attained on any silhouette target course approved by the State regulatory agency.
- (b) ANNUAL TRAINING- Each State shall have in effect annual requirements, at a minimum, that--
- (1) armed and unarmed private security officers complete a 4-hour refresher course in the subjects listed in clauses (i) through (xi) of subsection (a)(1)(B), and
- (2) armed private security officers also--
- (A) complete a refresher course in the subjects listed in clauses (i) through (iii) of subsection (a)(2)(A), and
- (B) be requalified in the use of weapons as described in subsection (a)(2)(B).
- (c) CERTIFICATION- Each State shall have in effect requirements that a private security officer, or such officer's employer (if any), certify to the State regulatory agency completion of the training required by subsections (a) and (b).
- (d) INSTRUCTIONAL AND RANGE-TRAINING PROGRAM- Each State shall have in effect a program that requires that all instruction and range training required by this section be administered by an instructor whose qualifications meet standards established by the State regulatory agency.
SEC. 8. STATE ISSUANCE OF REGISTRATION PERMITS TO PRIVATE SECURITY OFFICERS.
- (a) REQUIREMENTS FOR ISSUANCE OF REGISTRATION PERMITS- A State shall have in effect requirements for issuing and renewing, upon application, a private security officer's registration permit for a 2-year period. Such requirements shall include--
- (1) methods for a private security officer, or such officer's employer (if any), to certify completion of the requirements in effect to comply with sections 6 and 7;
- (2) a requirement that the certification required by section 7(c) be included in the application for the issuance or renewal of such permit;
- (3) a procedure for the State regulatory agency to check the State's criminal history records for any arrests or convictions of the individual; and
- (4) a requirement that an individual not be issued a private security officer's registration permit, or assigned by an employer to duty, as a private security officer, if--
- (A) convicted of a felony,
- (B) convicted of a misdemeanor that, in the discretion of the State regulatory agency or the employer, bears such a relationship to the performance of security services as to constitute a disqualification for a private security officer's registration permit or disqualification from assignment, or
- (C) charged with a crime in which such charge has not been satisfactorily resolved in the discretion of the State regulatory agency or the employer.
- (b) LIMITATION ON FEES FOR ISSUANCE OF REGISTRATION PERMITS- A State may not impose on private security officers a registration permit issuance fee in excess of the prorated direct costs of administering the requirements described in subsection (a).
- (c) DENIAL OF REGISTRATION PERMIT- If a State denies, for any reason, an application for the issuance or renewal of private security officer's registration permit, the State regulatory agency shall give written notice to the applicant and the applicant's employer (if any) specifying the reasons for denial not later than 10 days after denial of such application.
SEC. 9. GRACE PERIOD FOR ISSUANCE OF NEW REGISTRATION PERMITS TO PRIVATE SECURITY OFFICERS WHO HOLD CURRENT PERMITS.
- The issuance of a registration permit to a private security office who holds a private security officer's registration permit that is valid without regard to the operation of this Act shall not apply until--
- (1) January 1, 1997, or
- (2) the expiration of the 2-year period beginning on the date a State initially puts into effect a program that satisfies the requirements of sections 6, 7, and 8,
- whichever is later.
SEC. 10. NOTICE OF CRIMINAL CHARGE.
- A State shall have in effect requirements regarding criminal charges made against a private security officer, including the following, at a minimum:
- (1) If a private security officer is charged with a felony or misdemeanor, such officer shall notify such officer's employer (if any) not later than 48 hours after the charge is made.
- (2) An employer who has knowledge that an employee has been so charged shall report the fact of such charge to the State regulatory agency not later than 2 business days after acquiring such knowledge.
- (3) The registration permit of such officer may be suspended by such agency pending disposition of the charge.
- (4) Upon conviction of a felony, the State shall revoke the registration permit of such officer.
- (5) Upon conviction of such misdemeanor, such State may revoke such permit.
SEC. 11. PENALTIES.
- A State shall have in effect a law that authorizes the imposition of a penalty for each violation of the requirement imposed by the State to satisfy a condition of eligibility specified in section 5, including at a minimum the following:
- (1) Prosecution of an individual of a misdemeanor for submitting an application for employment as a private security officer, for the issuance of a private security officer's registration permit, or for renewal of such permit, if such individual knowingly included false information in such application.
- (2) After notice, and a public hearing if requested by a private security officer, suspension or revocation of such officer's registration permit issued or renewed as a result of application if such officer knowingly included false information in such application.
- (3) Administrative or judicial review of each penalty imposed under this section.
SEC. 12. MORE STRINGENT REQUIREMENTS.
- This Act shall not preclude or limit the authority of a State to establish or maintain requirements that are more stringent than the requirements described in this Act.