[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1534 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 1534

 To require States to ensure the quality of private security services, 
    and the competence of private security officer personnel, as a 
    condition of eligibility to receive funds under title II of the 
        Juvenile Justice and Delinquency Prevention Act of 1974.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 1993

Mr. Martinez (for himself and Mr. Owens) introduced the following bill; 
       which was referred to the Committee on Education and Labor

                             March 30, 1994

 Additional sponsors: Mr. Towns, Mr. Filner, Mr. Bilbray, Ms. Pelosi, 
Ms. Kaptur, Mr. Foglietta, Mrs. Unsoeld, Mr. Hoagland, Mr. Dellums, Mr. 
Andrews of New Jersey, Mr. Wise, Mrs. Byrne, Mr. Gilman, Mrs. Roukema, 
  Mr. Jacobs, Mr. de Lugo, Mr. Murphy, Mr. Berman, Mr. Oberstar, Mr. 
  Applegate, Mr. Mineta, Mr. Scott, Mr. Frost, Ms. Furse, Mr. Romero-
            Barcelo, Mr. Nadler, Mr. Dixon, and Mr. Boehlert

_______________________________________________________________________

                                 A BILL


 
 To require States to ensure the quality of private security services, 
    and the competence of private security officer personnel, as a 
    condition of eligibility to receive funds under title II of the 
        Juvenile Justice and Delinquency Prevention Act of 1974.

    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 ``Private Security Officers Quality 
Assurance Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Employment of private security officers in the United 
        States is growing rapidly.
            (2) The private security industry provides numerous 
        opportunities for entry-level job applicants, including 
        employees suffering from unemployment due to economic 
        conditions or dislocations.
            (3) The American public is more likely to have contact with 
        private security officers in the course of a day than with law 
        enforcement officers.
            (4) Juveniles in the United States, including those at risk 
        of delinquency, are most likely to have their earliest contact 
        with private security officers because of the significant 
        presence of such officers in schools, shopping malls, and 
        retail establishments.
            (5) The American public demands the employment of 
        qualified, well-trained private security officers.
            (6) Employers should be required to screen the 
        qualifications of applicants for employment as private security 
        officers.
            (7) Employers should be required to provide training to 
        employees newly assigned to duty as private security officers, 
        and refresher training to employees with experience in 
        providing security services.
            (8) State requirements, if any, for screening and training 
        private security officers vary widely.
            (9) Public safety would be improved if all employers of 
        private security officers provided appropriate screening and 
        training of such officers.
            (10) States should enact laws, or issue rules, imposing 
        minimum standards that are uniform nationwide for the screening 
        and training of private security officers.
            (11) State law applicable to private security officers 
        should apply to all security personnel, whether employed by 
        security contractors or other employers.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``employee'' includes an applicant for 
        employment.
            (2) The term ``felony'' means an offense for which a term 
        of imprisonment exceeding 1 year may be imposed.
            (3) The term ``misdemeanor'' means an offense for which a 
        maximum term of imprisonment of 1 year or less may be imposed.
            (4) The term ``person'' shall have the meaning given it in 
        section 1 of title 1 of the United States Code.
            (5) The term ``private security officer'' means--
                    (A) an individual (other than an individual while 
                on active duty as a member of the military service or 
                while performing official duties as a law enforcement 
                officer) who performs security services for 
                consideration as an independent contractor or an 
                employee, whether armed or unarmed, full time or part 
                time, and in uniform or plain clothes, or
                    (B) an individual who is the immediate supervisor 
                of an individual described in subparagraph (A).
            (6) The term ``proprietary security manager'' means an 
        individual employed by a person (other than a security 
        contractor) whose responsibilities include implementing 
        security services provided by other employees.
            (7) The term ``registration permit'' means a license, 
        permit, certificate, registration card, or other formal written 
        permission, to provide security services.
            (8) The term ``security contractor'' means any person that 
        provides, for consideration, the services of one or more 
        private security officers (including oneself).
            (9) The term ``security services'' means the performance of 
        one or more of the following:
                    (A) The observation and reporting of intrusion, 
                larceny, vandalism, fire, or trespass.
                    (B) The prevention of theft or misappropriation of 
                any goods, money, or other item of value.
                    (C) The observation or reporting of any unlawful 
                activity.
                    (D) The protection of individuals or property, 
                including proprietary information, from harm or 
                misappropriation.
                    (E) The control of access to premises being 
                protected.
                    (F) The secure movement of prisoners.
                    (G) The maintenance of order and safety at 
                athletic, entertainment, or other public activities.
                    (H) Providing canine services for guarding premises 
                or for the detection of any unlawful device or 
                substance.
            (10) The term ``State'' means any of the several States or 
        the District of Columbia.
            (11) The term ``State regulatory agency'' means an 
        appropriate State regulatory entity.

SEC. 4. INELIGIBILITY FOR FUNDING.

    (a) Conditions of Eligibility.--For each fiscal year beginning 
after January 1, 1995, a State shall be ineligible to receive funds 
under title II of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (42 U.S.C. 5611-5676) unless such State has in effect 
throughout such fiscal year a program that--
            (1) satisfies the requirements of sections 5 through 13, 
        and
            (2) preempts the ordinances, rules, and other laws of the 
        political subdivisions of such State to the extent that such 
        ordinances, rules, or other laws regulate private security 
        services provided by security officers.
    (b) Certification.--For the purpose of demonstrating compliance 
with subsection (a), a State shall include in the annual performance 
report required by section 223(a) of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5651(a)) a certification 
that such State satisfies the requirements of sections 5 through 13.

SEC. 5. ISSUANCE OF STATE LICENSES TO SECURITY CONTRACTORS AND 
              PROPRIETARY SECURITY MANAGERS; REGULATION OF PRIVATE 
              SECURITY SERVICES.

    (a) Requirements.--A State shall have in effect requirements and 
procedures for issuing licenses to, and reviewing security services of, 
employers (including security contractors) and of proprietary security 
managers.
    (b) Limitation on Fees for Issuance of Licenses.--A State may not 
impose on security contractors or proprietary security managers a 
license issuance fee in excess of the prorated direct costs of 
administering the requirements and procedures described in subsection 
(a).
    (c) Assignment of Private Security Officers.--(1) Except as 
provided in paragraphs (2) and (3), and subject to section 9, the 
requirements and procedures described in subsection (a) shall provide, 
at a minimum, that an employer or proprietary security manager may not 
permanently 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 described in section 6(a)(3) and the issuance of such permit 
if, before the assignment--
            (A) such employer--
                    (i) submitted an application as required by section 
                6(a)(1), and
                    (ii) verified the employee's personal references 
                and the 5-year employment history as required by 
                section 6(a)(2), and
            (B) such employee completed the classroom training required 
        by section 7(a)(1).
    (3) If an individual is employed by an employer in a State with 
respect to which such individual holds a valid private security 
officer's registration permit, then 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 
with respect to which such individual does not hold a valid private 
security officer's registration permit.

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 permanently assign an 
employee to duty as a private security officer until such employer 
submits to the State regulatory agency all of the following:
            (1) The employee's application for employment, including a 
        history of employment and military service, personal 
        references, and a description of such employee's criminal 
        history.
            (2) A certification that such employer verified--
                    (A) such employee's employment history for the 5-
                year period ending on the date of application for 
                employment, and
                    (B) such personal references.
            (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.
    (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) relating to employment by such employer if such 
employer certifies to the Attorney General of the United States that 
such disclosure is requested for the purpose of permanently assigning 
an employee to duty as a private security officer.
    (c) 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 consists of the 
following, at a minimum:
            (1) For unarmed private security officers, the following:
                    (A) Eight hours of basic classroom instruction, 
                successful completion of a written examination, and 4 
                hours of on-the-job training.
                    (B) Such classroom instruction shall include the 
                following:
                            (i) The legal powers and limitations of a 
                        private security officer, including instruction 
                        in the law of arrest, search, and seizure, and 
                        the use of force as related to security 
                        services.
                            (ii) Safety and fire detection and 
                        reporting.
                            (iii) When and how to notify public 
                        authorities.
                            (iv) The techniques of observation and 
                        reporting of incidents and how to prepare an 
                        incident report.
                            (v) The fundamentals of patrolling.
                            (vi) Deportment and ethics.
            (2) For armed private security officers, in addition to the 
        training required by paragraph (1), the following:
                    (A) Fifteen 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, and
                            (iii) safety and maintenance.
                    (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 requirements, 
at a minimum, that--
            (1) unarmed private security officers complete annually a 
        4-hour refresher course in the subjects listed in clauses (i) 
        through (vi) of subsection (a)(1)(B), and
            (2) armed private security officers annually, in addition 
        to satisfying the requirement described in paragraph (1)--
                    (i) complete a refresher course in the subjects 
                listed in clauses (i) through (iii) of subsection 
                (a)(2)(A), and
                    (ii) 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, and
            (3) 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, within 
        the 10-year period ending on the date of application for such 
        permit or the date of such assignment, as the case may be, such 
        individual was--
                    (A) convicted of a felony,
                    (B) incarcerated, placed on probation, or paroled 
                as a result of conviction of a felony, or
                    (C) convicted of a misdemeanor that, in the 
                discretion of the State regulatory agency, bears such a 
                relationship to the performance of security services as 
                to constitute a disqualification for a private security 
                officer's registration permit.
    (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 a private 
security officer's registration permit, then, not later than 10 days 
after denial of such application, the State regulatory agency shall 
give written notice to the applicant and the applicant's employer (if 
any) specifying the reasons for denial.

SEC. 9. WAIVER.

    On the request of an employer, a State shall waive the 
preassignment screening requirements described in section 6(a), and the 
training requirements described in section 7(a), with respect to a 
private security officer if--
            (1) such officer holds a valid security officer's 
        registration permit issued or renewed by the State in which 
        such officer will perform security services for such employer, 
        and
            (2) the immediately preceding employer of such officer 
        satisfied all such requirements with respect to the most recent 
        application for the issuance or renewal of such permit.

SEC. 10. GRACE PERIOD FOR ISSUANCE OF NEW REGISTRATION PERMITS TO 
              PRIVATE SECURITY OFFICERS WHO HOLD CURRENT PERMITS.

    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, such sections shall not apply with respect to the 
issuance of a registration permit to a private security officer who 
holds a private security officer's registration permit that is valid 
without regard to the operation of this Act.

SEC. 11. EMPLOYEE PROTECTION.

    A State shall have in effect a law that makes invalid and 
unenforceable any limitation imposed by an employer on the right of an 
employee to seek or obtain subsequent employment as a private security 
officer after voluntary or involuntary termination of employment by 
such employer.

SEC. 12. 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 its 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. 13. 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 4(a), 
including the following, at a minimum:
            (1) After notice, and a public hearing if requested by an 
        employer or a proprietary security manager charged with such 
        violation, a daily monetary penalty for each day on which 
        violation continues.
            (2) If such violation continues after imposition of a 
        monetary penalty described in paragraph (1), and after notice 
        and a hearing described in such paragraph, suspension or 
        revocation of a registration permit issued as described in 
        section 5(a).
            (3) 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.
            (4) 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.
            (5) Administrative or judicial review of each penalty 
        imposed under paragraphs (1) through (4).

SEC. 14. 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.

                                 <all>

HR 1534 SC----2