[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2656 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2656

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 1993

Mr. Sundquist introduced the following bill; which was referred jointly 
       to the Committees on the Judiciary and Education and Labor

_______________________________________________________________________

                                 A BILL


 
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.

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HR 2656 IH----2