Private Security Officer Screening Improvement Act of 2021

To amend the Private Security Officer Employment Authorization Act of 2004 to establish a national criminal history background check system and criminal history review program for private security officers. 1. Short title This Act may be cited as the Private Security Officer Screening Improvement Act of 2021 2. Findings Congress finds the following: (1) There are approximately 1,000,000 private security officers in the United States, both contract and proprietary. Private security officers are considered persons of trust by the public. They are entrusted to safeguard and protect people and property, including nuclear power plants, schools, hospitals, banks, places of worship, living communities, shopping malls, and entertainment venues. (2) The Next Generation Identification system of the Federal Bureau of Investigation (referred to in this section as the FBI (3) Congress has worked with the States to make FBI criminal history background checks available to employers of private security officers through the Private Security Officer Employment Authorization Act of 2004 ( 34 U.S.C. 41106 PSOEAA Public Law 92–544 3. National criminal history background check and criminal history review program The Private Security Officer Employment Authorization Act of 2004 ( 34 U.S.C. 41106 (1) in subsection (c)— (A) in paragraph (2)(B), by inserting or a designated entity a State identification bureau (B) by redesignating paragraph (5) as paragraph (7); (C) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (D) by inserting after paragraph (2) the following: (3) Designated entity The term designated entity ; and (E) by inserting after paragraph (5), as so redesignated, the following: (6) State The term State ; and (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking the State identification bureau of a participating State a State identification bureau or a designated entity (ii) in subparagraph (B)(i), by striking to the State identification bureau of the participating State the a (iii) in subparagraph (C)— (I) in the heading— (aa) by striking the state a State (bb) by inserting or designated entity bureau (II) in the matter preceding clause (i), by striking the State identification bureau of a participating State a State identification bureau or a designated entity (III) in clause (ii), by inserting or designated entity State identification bureau (iv) in subparagraph (D)— (I) in clause (i), by striking the State identification bureau a State identification bureau or a designated entity (II) in clause (ii)— (aa) in subclause (I), in the matter preceding item (aa)— (AA) by striking a participating employment in a (BB) by inserting identification bureau or a designated entity the State (bb) in subclause (II)— (AA) by striking a participating employment in a (BB) by inserting identification bureau or a designated entity the State (v) by adding at the end the following: (F) State criminal history check A designated entity may, upon request from an authorized employer, complete a check of a State criminal history database. (G) Designated entities The Attorney General shall designate, and enter into an agreement with, one or more entities to receive and process requests under this subsection. ; and (B) in paragraph (4), by adding at the end the following: (D) Federal program costs (i) In general In the case of a criminal history record information search submitted through a designated entity in accordance with this subsection, the fees collected by the designated entity shall be set at a level that will ensure the recovery of the full costs of providing all such services. (ii) Requirement The designated entity shall remit the appropriate portion of the fees collected under clause (i) to the Attorney General, which amount is in accordance with the amount published in the Federal Register to be collected for the provision of a criminal history background check by the Federal Bureau of Investigation. . 4. Regulations Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such regulations as may be necessary to carry out the amendments made by this Act.

Summary: Private Security Officer Screening Improvement Act of 2021 This bill requires the Department of Justice to designate one or more entities to process requests for Federal Bureau of Investigation (FBI) background checks from employers of private security officers when those checks are not available through the state of employment. Under current law, employers must request FBI background checks through a state agency. However, a state may decline to participate in this background check system.