I

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.

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

3 SECTION. 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Security Officers

5 Employment Standards Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—
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1 (1) more than 1,500,000 private security per2 sonnel in the United States protect the citizens and

3 property of the Nation;

4 (2) for many entities, private security officers

5 from private security companies are rapidly replac6 ing public sector law enforcement officers;

7 (3) such private security officers protect indi8 viduals, tangible and intangible property and propri9 etary information and provide protection to such di10 verse operations as banks, hospitals, chemical com11 panies, airports, communication facilities and oper12 ations, office complexes, schools, oil and gas refiner13 ies, and many others;

14 (4) the trend in the Nation toward privatization

15 in such security services has accelerated rapidly as

16 the per capita number of public sector law enforce17 ment officers has decreased;

18 (5) the trend toward such privatization is to be

19 applauded, as such privatization frees up public sec20 tor law enforcement officers to combat serious and

21 violent crimes;

22 (6) such trend creates an increase in the need

23 for highly qualified professional private security offi24 cers;
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1 (7) possible applicants for such private security

2 officer positions should be screened as thoroughly as

3 possible, particularly since many private security of4 ficers bear weapons;

5 (8) industry standards for the selection, train6 ing, and supervision of qualified private security per7 sonnel are essential to protect the safety and welfare

8 of the general public;

9 (9) security officers should be psychologically

10 and physically fit to perform the job which includes

11 being able to prevent as well as respond to all types

12 of emergency situations; and

13 (10) if such industry standards are not devel14 oped, there will be an excessive burden on public sec15 tor law enforcement officers and unfit individuals

16 will continue to be placed into positions of trust

17 often bearing weapons and committing violent

18 crimes.

19 SEC. 3. DEFINITIONS.

20 For purposes of this Act:

21 (1) The term ‘‘felony’’ means an offense for

22 which a term of imprisonment may exceed 1 year.

23 (2) The term ‘‘misdemeanor’’ means an offense

24 for which a maximum term of imprisonment of 1

25 year or less may be imposed.
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1 (3) The term ‘‘private security officer’’ means

2 any person, other than an individual employed in ac3 tive military service or a law enforcement officer em4 ployed by any governmental unit while performing

5 official duties, who performs one or more of the fol6 lowing functions—

7 (A) prevention of intrusion, entry, larceny,

8 vandalism, abuse, fire, or trespass on public or

9 private property;

10 (B) prevention, observation, or detection of

11 any unauthorized activity on public or private

12 property;

13 (C) control, regulation, or direction of the

14 flow or movements of the public, whether by ve15 hicle or otherwise, to assure the protection of

16 property;

17 (D) protection of individuals from bodily

18 harm;

19 (E) protection of tangible and intangible

20 property and proprietary information; and

21 (F) providing secured transportation and

22 protection from one place or point to another.

23 (4) The term ‘‘registration permit’’ means a li24 cense, permit, certificate, registration card, or other
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1 formal written permission to provide security serv2 ices.

3 (5) The term ‘‘security service contractor’’

4 means any private entity which contracts to provide

5 the services of a security officer.

6 (6) The term ‘‘State’’ means any of the several

7 States or the District of Columbia.

8 (7) The term ‘‘State regulatory agency’’ means

9 an appropriate State regulatory entity.

10 (8) The term ‘‘employer’’ means a security

11 service contractor.

12 SEC. 4. IMPLEMENTATION OF REQUIREMENTS.

13 Each State that receives funds under title I of the

14 Omnibus Crime Control and Safe Streets Act of 1968

15 shall allocate not less than 5 percent of such funds to the

16 implementation of the requirements of this Act.

17 SEC. 5. ISSUANCE OF STATE LICENSES TO SECURITY SERV18 ICE CONTRACTORS; REGULATION OF PRI19 VATE SECURITY SERVICES.

20 (a) REQUIREMENTS.—A State shall have in effect

21 screening, training, and other requirements and proce22 dures for issuing licenses to and reviewing security serv23 ices of security contractors.

24 (b) LIMITATION ON FEES FOR ISSUANCE OF LI25 CENSES.—A State may not impose on security contractors
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1 a license issuance fee in excess of the prorated direct costs

2 of administering the requirements and procedure de3 scribed in subsection (a).

4 (c) ASSIGNMENT OF PRIVATE SECURITY OFFI5 CERS.—(1) Except as provided in paragraphs (2), (3), and

6 (4) of this subsection and subject to section 9, the require7 ments and procedures described in subsection (a) shall

8 provide, at a minimum, that an employer may not assign

9 an employee to duty as a private security officer until such

10 employee obtains a security officer’s registration permit

11 as provided in section 8(a).

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

13 an unarmed private security officer pending the results of

14 the preassignment check of records and evaluation de15 scribed in sections 6(a)(3) and (4) and the issuance of

16 such permit if, before the assignment—

17 (A) such employer—

18 (i) certified that the employee’s application

19 was completed as required by section 6(a)(1);

20 (ii) provided the certifications required by

21 subparagraphs (A) through (H) of section

22 6(a)(2); and

23 (B) such employee completed the training re24 quired by section 7(a)(1).
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1 (3) If an individual is employed by an employer in

2 a State in which such individual holds a valid private secu3 rity officer’s registration permit, such employer may as4 sign such individual to duty as a private security officer

5 (including an armed private security officer) for a period

6 not to exceed 90 days in a State in which such individual

7 does not hold a valid private security officer’s registration

8 permit.

9 (4) If an individual applying for a security officer po10 sition already has a valid unexpired registration permit is11 sued by the State in which the individual will work, the

12 employer may assign the individual as a security officer

13 without the individual obtaining a new permit. In such

14 case, the employer must ensure that all the requirements

15 of paragraphs (1) through (4) of section 6(a) are met, but

16 the employer need not certify the information to the State.

17 SEC. 6. PREASSIGNMENT SCREENING.

18 (a) PREASSIGNMENT REQUIREMENTS.—Each State

19 shall have in effect a program for issuing registration per20 mits to private security officers that requires at a mini21 mum, and except as provided in section 5(c) and subject

22 to section 9, that an employer not assign an employee to

23 duty as a private security officer until such employer sub24 mits to the State regulatory agency all of the following:
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1 (1) A certification that the employee completed

2 an application for employment, including a history of

3 all prior employment and military service, education,

4 personal references, credit history, a description of

5 such employee’s arrests and convictions, and use of

6 illegal drugs.

7 (2) A certification that—

8 (A) the employer verified such employee’s

9 employment history for at least the 10-year pe10 riod ending on the date of application for em11 ployment;

12 (B) the employer verified such personal

13 references;

14 (C) the employer verified that the employee

15 is a United States citizen;

16 (D) the employer reviewed evidence of the

17 employee’s military discharge record, such as a

18 DD–214;

19 (E) the employer verified that the em20 ployee has a high school diploma or equivalent;

21 (F) the employee has passed a drug

22 screening test administered by the employer ac23 cording to a testing procedure that meets the

24 guidelines of the National Institute on Drug

25 Abuse, or any other successor organization, and
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1 which tests for at least the following ten drugs:

2 amphetamines, barbiturates, benzodiazepines,

3 marijuana, cocaine, methadone, methaqualone,

4 codeine/morphine, phencyclidine hydrochloride,

5 propoxyphene hydrochloride;

6 (G) the employee has undergone a test or

7 evaluation evincing a level of physical fitness

8 commensurate with the demands of the security

9 officer position; and

10 (H) the employer has submitted the em11 ployee’s fingerprints to the National Crime In12 formation Center and the Federal Bureau of

13 Investigation and to the State regulatory agen14 cy or appropriate body for a check of the State

15 criminal history records.

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

17 at the request of such employer, through the Na18 tional Crime Information Center and fingerprint

19 records on file with the Federal Bureau of Investiga20 tion.

21 (4) A certification that the employee has under22 gone a psychological evaluation, such as the Min23 nesota Multiphasic Personality Inventory—2, or

24 other similar test approved by the State regulatory
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1 agency, conducted by a person that such agency de2 termines to be qualified.

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

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

5 of the records described in subsection (a)(3) of this Act

6 relating to employment by such employer if such employer

7 certifies to the Attorney General that such disclosure is

8 requested for the purpose of assigning an employee to duty

9 as a private security officer.

10 (c) PRIVATE EMPLOYERS.—Section 534(d) of title

11 28, United States Code, is amended by inserting the fol12 lowing:

13 ‘‘(3) Private employers the primary business of

14 which consists of contracting to provide the services

15 of a security officer.’’.

16 (d) ISSUANCE OF RULES BY THE ATTORNEY GEN17 ERAL.—The Attorney General shall issue rules—

18 (1) establishing procedures for the disclosure of

19 records requested by employers for the purpose of

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

21 (2) requiring such employers to pay to the dis22 closing agency a fee that represents the actual cost

23 of disclosing such records.
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1 SEC. 7. PRIVATE SECURITY OFFICER TRAINING.

2 (a) TRAINING.—Each State shall have in effect train3 ing requirements for private security officers that consist

4 of, at a minimum—

5 (1) For armed and unarmed private security of6 ficers—

7 (A) Sixteen hours of initial training, at

8 least 8 of which must be pre-assignment train9 ing and the balance of which may be on the job

10 training.

11 (B) Such instruction shall include—

12 (i) fire protection and fire prevention;

13 (ii) first aid;

14 (iii) legal information relevant to pro15 viding security services, including the pow16 ers of arrest, use of force and search and

17 seizure;

18 (iv) fundamentals of patrolling, obser19 vation and reporting procedures;

20 (v) building safety;

21 (vi) methods of handling crisis situa22 tions, responding to emergencies, and noti23 fying public authorities;

24 (vii) methods of crowd control;

25 (viii) the use of equipment needed in

26 providing security services;
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1 (ix) technical writing for reports;

2 (x) responsibilities for proper use of

3 uniforms;

4 (xi) ethical conduct of security offi5 cers; and

6 (xii) universal precautions for the pre7 vention of contagious diseases.

8 (2) For armed private security officers, training

9 shall also include—

10 (A) twenty hours of weapons instruction

11 (including marksmanship described in subpara12 graph (B)) and successful completion of a writ13 ten examination on—

14 (i) the legal limitations on the use of

15 weapons;

16 (ii) weapons handling;

17 (iii) safety and maintenance; and

18 (B) a minimum marksmanship qualifica19 tion of 70 percent attained on any silhouette

20 target course approved by the State regulatory

21 agency.

22 (b) ANNUAL TRAINING.—Each State shall have in ef23 fect annual requirements, at a minimum, that—

24 (1) armed and unarmed private security officers

25 complete a 4-hour refresher course in the subjects
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1 listed in clauses (i) through (xi) of subsection

2 (a)(1)(B), and

3 (2) armed private security officers also—

4 (A) complete a refresher course in the sub5 jects listed in clauses (i) through (iii) of sub6 section (a)(2)(A), and

7 (B) be requalified in the use of weapons as

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

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

10 requirements that a private security officer, or such offi11 cer’s employer (if any), certify to the State regulatory

12 agency completion of the training required by subsections

13 (a) and (b).

14 (d) INSTRUCTIONAL AND RANGE-TRAINING PRO15 GRAM.—Each State shall have in effect a program that

16 requires that all instruction and range training required

17 by this section be administered by an instructor whose

18 qualifications meet standards established by the State reg19 ulatory agency.

20 SEC. 8. STATE ISSUANCE OF REGISTRATION PERMITS TO

21 PRIVATE SECURITY OFFICERS.

22 (a) REQUIREMENTS FOR ISSUANCE OF REGISTRA23 TION PERMITS.—A State shall have in effect requirements

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

2 requirements shall include—

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

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

5 of the requirements in effect to comply with sections

6 6 and 7;

7 (2) a requirement that the certification required

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

9 issuance or renewal of such permit;

10 (3) a procedure for the State regulatory agency

11 to check the State’s criminal history records for any

12 arrests or convictions of the individual; and

13 (4) a requirement that an individual not be is14 sued a private security officer’s registration permit,

15 or assigned by an employer to duty, as a private se16 curity officer, if—

17 (A) convicted of a felony,

18 (B) convicted of a misdemeanor that, in

19 the discretion of the State regulatory agency or

20 the employer, bears such a relationship to the

21 performance of security services as to constitute

22 a disqualification for a private security officer’s

23 registration permit or disqualification from as24 signment, or
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1 (C) charged with a crime in which such

2 charge has not been satisfactorily resolved in

3 the discretion of the State regulatory agency or

4 the employer.

5 (b) LIMITATION ON FEES FOR ISSUANCE OF REG6 ISTRATION PERMITS.—A State may not impose on private

7 security officers a registration permit issuance fee in ex8 cess of the prorated direct costs of administering the re9 quirements described in subsection (a).

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

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

12 renewal of private security officer’s registration permit,

13 the State regulatory agency shall give written notice to

14 the applicant and the applicant’s employer (if any) specify15 ing the reasons for denial not later than 10 days after

16 denial of such application.

17 SEC. 9. GRACE PERIOD FOR ISSUANCE OF NEW REGISTRA18 TION PERMITS TO PRIVATE SECURITY OFFI19 CERS WHO HOLD CURRENT PERMITS.

20 The issuance of a registration permit to a private se21 curity office who holds a private security officer’s registra22 tion permit that is valid without regard to the operation

23 of this Act shall not apply until—

24 (1) January 1, 1997, or
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1 (2) the expiration of the 2-year period begin2 ning on the date a State initially puts into effect a

3 program that satisfies the requirements of sections

4 6, 7, and 8,

5 whichever is later.

6 SEC. 10. NOTICE OF CRIMINAL CHARGE.

7 A State shall have in effect requirements regarding

8 criminal charges made against a private security officer,

9 including the following, at a minimum:

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

11 a felony or misdemeanor, such officer shall notify

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

13 hours after the charge is made.

14 (2) An employer who has knowledge that an

15 employee has been so charged shall report the fact

16 of such charge to the State regulatory agency not

17 later than 2 business days after acquiring such

18 knowledge.

19 (3) The registration permit of such officer may

20 be suspended by such agency pending disposition of

21 the charge.

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

23 revoke the registration permit of such officer.

24 (5) Upon conviction of such misdemeanor, such

25 State may revoke such permit.
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1 SEC. 11. 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 5, including at a minimum the

6 following:

7 (1) Prosecution of an individual of a mis8 demeanor for submitting an application for employ9 ment as a private security officer, for the issuance

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

11 for renewal of such permit, if such individual know12 ingly included false information in such application.

13 (2) After notice, and a public hearing if re14 quested by a private security officer, suspension or

15 revocation of such officer’s registration permit issued

16 or renewed as a result of application if such officer

17 knowingly included false information in such appli18 cation.

19 (3) Administrative or judicial review of each

20 penalty imposed under this section.

21 SEC. 12. MORE STRINGENT REQUIREMENTS.

22 This Act shall not preclude or limit the authority of

23 a State to establish or maintain requirements that are

24 more stringent than the requirements described in this

25 Act.
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