I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Private Security Offi3 cers Quality Assurance Act of 1993’’.

4 SEC. 2. FINDINGS.

5 Congress finds the following:

6 (1) Employment of private security officers in

7 the United States is growing rapidly.

8 (2) The private security industry provides nu9 merous opportunities for entry-level job applicants,

10 including employees suffering from unemployment

11 due to economic conditions or dislocations.

12 (3) The American public is more likely to have

13 contact with private security officers in the course of

14 a day than with law enforcement officers.

15 (4) Juveniles in the United States, including

16 those at risk of delinquency, are most likely to have

17 their earliest contact with private security officers

18 because of the significant presence of such officers

19 in schools, shopping malls, and retail establishments.

20 (5) The American public demands the employ21 ment of qualified, well-trained private security offi22 cers.

23 (6) Employers should be required to screen the

24 qualifications of applicants for employment as pri25 vate security officers.
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1 (7) Employers should be required to provide

2 training to employees newly assigned to duty as pri3 vate security officers, and refresher training to em4 ployees with experience in providing security serv5 ices.

6 (8) State requirements, if any, for screening

7 and training private security officers vary widely.

8 (9) Public safety would be improved if all em9 ployers of private security officers provided appro10 priate screening and training of such officers.

11 (10) States should enact laws, or issue rules,

12 imposing minimum standards that are uniform na13 tionwide for the screening and training of private se14 curity officers.

15 (11) State law applicable to private security of16 ficers should apply to all security personnel, whether

17 employed by security contractors or other employers.

18 SEC. 3. DEFINITIONS.

19 As used in this Act:

20 (1) The term ‘‘employee’’ includes an applicant

21 for employment.

22 (2) The term ‘‘felony’’ means an offense for

23 which a term of imprisonment exceeding 1 year may

24 be imposed.
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1 (3) The term ‘‘misdemeanor’’ means an offense

2 for which a maximum term of imprisonment of 1

3 year or less may be imposed.

4 (4) The term ‘‘person’’ shall have the meaning

5 given it in section 1 of title 1 of the United States

6 Code.

7 (5) The term ‘‘private security officer’’

8 means—

9 (A) an individual (other than an individual

10 while on active duty as a member of the mili11 tary service or while performing official duties

12 as a law enforcement officer) who performs se13 curity services for consideration as an independ14 ent contractor or an employee, whether armed

15 or unarmed, full time or part time, and in uni16 form or plain clothes, or

17 (B) an individual who is the immediate su18 pervisor of an individual described in subpara19 graph (A).

20 (6) The term ‘‘proprietary security manager’’

21 means an individual employed by a person (other

22 than a security contractor) whose responsibilities in23 clude implementing security services provided by

24 other employees.
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1 (7) The term ‘‘registration permit’’ means a li2 cense, permit, certificate, registration card, or other

3 formal written permission, to provide security serv4 ices.

5 (8) The term ‘‘security contractor’’ means any

6 person that provides, for consideration, the services

7 of one or more private security officers (including

8 oneself).

9 (9) The term ‘‘security services’’ means the per10 formance of one or more of the following:

11 (A) The observation and reporting of in12 trusion, larceny, vandalism, fire, or trespass.

13 (B) The prevention of theft or misappro14 priation of any goods, money, or other item of

15 value.

16 (C) The observation or reporting of any

17 unlawful activity.

18 (D) The protection of individuals or prop19 erty, including proprietary information, from

20 harm or misappropriation.

21 (E) The control of access to premises

22 being protected.

23 (F) The secure movement of prisoners.
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1 (G) The maintenance of order and safety

2 at athletic, entertainment, or other public ac3 tivities.

4 (H) Providing canine services for guarding

5 premises or for the detection of any unlawful

6 device or substance.

7 (10) The term ‘‘State’’ means any of the sev8 eral States or the District of Columbia.

9 (11) The term ‘‘State regulatory agency’’

10 means an appropriate State regulatory entity.

11 SEC. 4. INELIGIBILITY FOR FUNDING.

12 (a) CONDITIONS OF ELIGIBILITY.—For each fiscal

13 year beginning after January 1, 1995, a State shall be

14 ineligible to receive funds under title II of the Juvenile

15 Justice and Delinquency Prevention Act of 1974 (42

16 U.S.C. 5611–5676) unless such State has in effect

17 throughout such fiscal year a program that—

18 (1) satisfies the requirements of sections 5

19 through 13, and

20 (2) preempts the ordinances, rules, and other

21 laws of the political subdivisions of such State to the

22 extent that such ordinances, rules, or other laws reg23 ulate private security services provided by security

24 officers.
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1 (b) CERTIFICATION.—For the purpose of dem2 onstrating compliance with subsection (a), a State shall

3 include in the annual performance report required by sec4 tion 223(a) of the Juvenile Justice and Delinquency Pre5 vention Act of 1974 (42 U.S.C. 5651(a)) a certification

6 that such State satisfies the requirements of sections 5

7 through 13.

8 SEC. 5. ISSUANCE OF STATE LICENSES TO SECURITY CON9 TRACTORS AND PROPRIETARY SECURITY

10 MANAGERS; REGULATION OF PRIVATE SECU11 RITY SERVICES.

12 (a) REQUIREMENTS.—A State shall have in effect re13 quirements and procedures for issuing licenses to, and re14 viewing security services of, employers (including security

15 contractors) and of proprietary security managers.

16 (b) LIMITATION ON FEES FOR ISSUANCE OF LI17 CENSES.—A State may not impose on security contractors

18 or proprietary security managers a license issuance fee in

19 excess of the prorated direct costs of administering the

20 requirements and procedures described in subsection (a).

21 (c) ASSIGNMENT OF PRIVATE SECURITY OFFI22 CERS.—(1) Except as provided in paragraphs (2) and (3),

23 and subject to section 9, the requirements and procedures

24 described in subsection (a) shall provide, at a minimum,

25 that an employer or proprietary security manager may not
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1 permanently assign an employee to duty as a private secu2 rity officer until such employee obtains a security officer’s

3 registration permit as provided in section 8(a).

4 (2) An employer may assign an employee to duty as

5 an unarmed private security officer pending the results of

6 the preassignment check of records described in section

7 6(a)(3) and the issuance of such permit if, before the as8 signment—

9 (A) such employer—

10 (i) submitted an application as required by

11 section 6(a)(1), and

12 (ii) verified the employee’s personal ref13 erences and the 5-year employment history as

14 required by section 6(a)(2), and

15 (B) such employee completed the classroom

16 training required by section 7(a)(1).

17 (3) If an individual is employed by an employer in

18 a State with respect to which such individual holds a valid

19 private security officer’s registration permit, then such

20 employer may assign such individual to duty as a private

21 security officer (including an armed private security offi22 cer) for a period not to exceed 90 days in a State with

23 respect to which such individual does not hold a valid pri24 vate security officer’s registration permit.
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1 SEC. 6. PREASSIGNMENT SCREENING.

2 (a) PREASSIGNMENT REQUIREMENTS.—Each State

3 shall have in effect a program for issuing registration per4 mits to private security officers that requires at a mini5 mum, and except as provided in section 5(c) and subject

6 to section 9, that an employer not permanently assign an

7 employee to duty as a private security officer until such

8 employer submits to the State regulatory agency all of the

9 following:

10 (1) The employee’s application for employment,

11 including a history of employment and military serv12 ice, personal references, and a description of such

13 employee’s criminal history.

14 (2) A certification that such employer verified—

15 (A) such employee’s employment history

16 for the 5-year period ending on the date of ap17 plication for employment, and

18 (B) such personal references.

19 (3) The results of a check of records, obtained

20 at the request of such employer, through the Na21 tional Crime Information Center and fingerprint

22 records on file with the Federal Bureau of Investiga23 tion.

24 (b) EXEMPTION—Section 552a(b) of title 5, United

25 States Code, shall not apply with respect to the disclosure

26 of the records described in subsection (a)(3) relating to
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1 employment by such employer if such employer certifies

2 to the Attorney General of the United States that such

3 disclosure is requested for the purpose of permanently as4 signing an employee to duty as a private security officer.

5 (c) ISSUANCE OF RULES BY THE ATTORNEY GEN6 ERAL.—The Attorney General shall issue rules—

7 (1) establishing procedures for the disclosure of

8 records requested by employers for the purpose of

9 complying with subsection (a)(3), and

10 (2) requiring such employers to pay to the dis11 closing agency a fee that represents the actual cost

12 of disclosing such records.

13 SEC. 7. PRIVATE SECURITY OFFICER TRAINING.

14 (a) TRAINING.—Each State shall have in effect train15 ing requirements for private security officers that consists

16 of the following, at a minimum:

17 (1) For unarmed private security officers, the

18 following:

19 (A) Eight hours of basic classroom instruc20 tion, successful completion of a written exam21 ination, and 4 hours of on-the-job training.

22 (B) Such classroom instruction shall in23 clude the following:

24 (i) The legal powers and limitations of

25 a private security officer, including instruc-
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1 tion in the law of arrest, search, and sei2 zure, and the use of force as related to se3 curity services.

4 (ii) Safety and fire detection and re5 porting.

6 (iii) When and how to notify public

7 authorities.

8 (iv) The techniques of observation and

9 reporting of incidents and how to prepare

10 an incident report.

11 (v) The fundamentals of patrolling.

12 (vi) Deportment and ethics.

13 (2) For armed private security officers, in addi14 tion to the training required by paragraph (1), the

15 following:

16 (A) Fifteen hours of weapons instruction

17 (including marksmanship described in subpara18 graph (B)) and successful completion of a writ19 ten examination on—

20 (i) the legal limitations on the use of

21 weapons,

22 (ii) weapons handling, and

23 (iii) safety and maintenance.

24 (B) A minimum marksmanship qualifica25 tion of 70 percent attained on any silhouette
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1 target course approved by the State regulatory

2 agency.

3 (b) ANNUAL TRAINING.—Each State shall have in ef4 fect requirements, at a minimum, that—

5 (1) unarmed private security officers complete

6 annually a 4-hour refresher course in the subjects

7 listed in clauses (i) through (vi) of subsection

8 (a)(1)(B), and

9 (2) armed private security officers annually, in

10 addition to satisfying the requirement described in

11 paragraph (1)—

12 (i) complete a refresher course in the sub13 jects listed in clauses (i) through (iii) of sub14 section (a)(2)(A), and

15 (ii) be requalified in the use of weapons as

16 described in subsection (a)(2)(B).

17 (c) CERTIFICATION.—Each State shall have in effect

18 requirements that a private security officer, or such offi19 cer’s employer (if any), certify to the State regulatory

20 agency completion of the training required by subsections

21 (a) and (b).

22 (d) INSTRUCTIONAL AND RANGE-TRAINING PRO23 GRAM.—Each State shall have in effect a program that

24 requires that all instruction and range training required

25 by this section be administered by an instructor whose
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1 qualifications meet standards established by the State reg2 ulatory agency.

3 SEC. 8. STATE ISSUANCE OF REGISTRATION PERMITS TO

4 PRIVATE SECURITY OFFICERS.

5 (a) REQUIREMENTS FOR ISSUANCE OF REGISTRA6 TION PERMITS.—A State shall have in effect requirements

7 for issuing and renewing, upon application, a private secu8 rity officer’s registration permit for a 2-year period. Such

9 requirements shall include—

10 (1) methods for a private security officer, or

11 such officer’s employer (if any), to certify completion

12 of the requirements in effect to comply with sections

13 6 and 7,

14 (2) a requirement that the certification required

15 by section 7(c) be included in the application for the

16 issuance or renewal of such permit, and

17 (3) a requirement that an individual not be is18 sued a private security officer’s registration permit,

19 or assigned by an employer to duty, as a private se20 curity officer if, within the 10-year period ending on

21 the date of application for such permit or the date

22 of such assignment, as the case may be, such indi23 vidual was—

24 (A) convicted of a felony,
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1 (B) incarcerated, placed on probation, or

2 paroled as a result of conviction of a felony, or

3 (C) convicted of a misdemeanor that, in

4 the discretion of the State regulatory agency,

5 bears such a relationship to the performance of

6 security services as to constitute a disqualifica7 tion for a private security officer’s registration

8 permit.

9 (b) LIMITATION ON FEES FOR ISSUANCE OF REG10 ISTRATION PERMITS.—A State may not impose on private

11 security officers a registration permit issuance fee in ex12 cess of the prorated direct costs of administering the re13 quirements described in subsection (a).

14 (c) DENIAL OF REGISTRATION PERMIT.—If a State

15 denies, for any reason, an application for the issuance or

16 renewal of a private security officer’s registration permit,

17 then, not later than 10 days after denial of such applica18 tion, the State regulatory agency shall give written notice

19 to the applicant and the applicant’s employer (if any)

20 specifying the reasons for denial.

21 SEC. 9. WAIVER.

22 On the request of an employer, a State shall waive

23 the preassignment screening requirements described in

24 section 6(a), and the training requirements described in

25 section 7(a), with respect to a private security officer if—
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1 (1) such officer holds a valid security officer’s

2 registration permit issued or renewed by the State in

3 which such officer will perform security services for

4 such employer, and

5 (2) the immediately preceding employer of such

6 officer satisfied all such requirements with respect to

7 the most recent application for the issuance or re8 newal of such permit.

9 SEC. 10. GRACE PERIOD FOR ISSUANCE OF NEW REGISTRA10 TION PERMITS TO PRIVATE SECURITY OFFI11 CERS WHO HOLD CURRENT PERMITS.

12 Until—

13 (1) January 1, 1997, or

14 (2) the expiration of the 2-year period begin15 ning on the date a State initially puts into effect a

16 program that satisfies the requirements of sections

17 6, 7, and 8,

18 whichever is later, such sections shall not apply with re19 spect to the issuance of a registration permit to a private

20 security officer who holds a private security officer’s reg21 istration permit that is valid without regard to the oper22 ation of this Act.

23 SEC. 11. EMPLOYEE PROTECTION.

24 A State shall have in effect a law that makes invalid

25 and unenforceable any limitation imposed by an employer
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1 on the right of an employee to seek or obtain subsequent

2 employment as a private security officer after voluntary

3 or involuntary termination of employment by such em4 ployer.

5 SEC. 12. NOTICE OF CRIMINAL CHARGE.

6 A State shall have in effect requirements regarding

7 criminal charges made against a private security officer,

8 including the following, at a minimum:

9 (1) If a private security officer is charged with

10 a felony or misdemeanor, such officer shall notify

11 such officer’s employer (if any) not later than 48

12 hours after the charge is made.

13 (2) An employer who has knowledge that its

14 employee has been so charged shall report the fact

15 of such charge to the State regulatory agency not

16 later than 2 business days after acquiring such

17 knowledge.

18 (3) The registration permit of such officer may

19 be suspended by such agency pending disposition of

20 the charge.

21 (4) Upon conviction of a felony, the State shall

22 revoke the registration permit of such officer.

23 (5) Upon conviction of such misdemeanor, such

24 State may revoke such permit.
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1 SEC. 13. PENALTIES.

2 A State shall have in effect a law that authorizes the

3 imposition of a penalty for each violation of the require4 ment imposed by the State to satisfy a condition of eligi5 bility specified in section 4(a), including the following, at

6 a minimum:

7 (1) After notice, and a public hearing if re8 quested by an employer or a proprietary security

9 manager charged with such violation, a daily mone10 tary penalty for each day on which violation contin11 ues.

12 (2) If such violation continues after imposition

13 of a monetary penalty described in paragraph (1),

14 and after notice and a hearing described in such

15 paragraph, suspension or revocation of a registration

16 permit issued as described in section 5(a).

17 (3) Prosecution of an individual of a mis18 demeanor for submitting an application for employ19 ment as a private security officer, for the issuance

20 of a private security officer’s registration permit, or

21 for renewal of such permit, if such individual know22 ingly included false information in such application.

23 (4) After notice, and a public hearing if re24 quested by a private security officer, suspension or

25 revocation of such officer’s registration permit issued

26 or renewed as a result of application if such officer
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1 knowingly included false information in such appli2 cation.

3 (5) Administrative or judicial review of each

4 penalty imposed under paragraphs (1) through (4).

5 SEC. 14. MORE STRINGENT REQUIREMENTS.

6 This Act shall not preclude or limit the authority of

7 a State to establish or maintain requirements that are

8 more stringent than the requirements described in this

9 Act.

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