SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Private Security Offi-
cers 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 nu-
merous 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 employ-
ment of qualified, well-trained private security offi-
cers.
(6) Employers should be required to screen the
qualifications of applicants for employment as pri-
vate security officers.
(7) Employers should be required to provide
training to employees newly assigned to duty as pri-
vate security officers, and refresher training to em-
ployees with experience in providing security serv-
ices.
(8) State requirements, if any, for screening
and training private security officers vary widely.
(9) Public safety would be improved if all em-
ployers of private security officers provided appro-
priate screening and training of such officers.
(10) States should enact laws, or issue rules,
imposing minimum standards that are uniform na-
tionwide for the screening and training of private se-
curity officers.
(11) State law applicable to private security of-
ficers 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 mili-
tary service or while performing official duties
as a law enforcement officer) who performs se-
curity services for consideration as an independ-
ent contractor or an employee, whether armed
or unarmed, full time or part time, and in uni-
form or plain clothes, or
(B) an individual who is the immediate su-
pervisor of an individual described in subpara-
graph (A).
(6) The term ‘‘proprietary security manager’’
means an individual employed by a person (other
than a security contractor) whose responsibilities in-
clude implementing security services provided by
other employees.
(7) The term ‘‘registration permit’’ means a li-
cense, permit, certificate, registration card, or other
formal written permission, to provide security serv-
ices.
(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 per-
formance of one or more of the following:
(A) The observation and reporting of in-
trusion, larceny, vandalism, fire, or trespass.
(B) The prevention of theft or misappro-
priation of any goods, money, or other item of
value.
(C) The observation or reporting of any
unlawful activity.
(D) The protection of individuals or prop-
erty, 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 ac-
tivities.
(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 sev-
eral 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 reg-
ulate private security services provided by security
officers.
(b) CERTIFICATION.—For the purpose of dem-
onstrating compliance with subsection (a), a State shall
include in the annual performance report required by sec-
tion 223(a) of the Juvenile Justice and Delinquency Pre-
vention 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 CON-
TRACTORS 
AND 
PROPRIETARY 
SECURITY
MANAGERS; REGULATION OF PRIVATE SECU-
RITY SERVICES.
(a) REQUIREMENTS.—A State shall have in effect re-
quirements and procedures for issuing licenses to, and re-
viewing security services of, employers (including security
contractors) and of proprietary security managers.
(b) LIMITATION ON FEES FOR ISSUANCE OF LI-
CENSES.—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
OFFI-
CERS.—(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 secu-
rity 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 as-
signment—
(A) such employer—
(i) submitted an application as required by
section 6(a)(1), and
(ii) verified the employee’s personal ref-
erences 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 offi-
cer) for a period not to exceed 90 days in a State with
respect to which such individual does not hold a valid pri-
vate security officer’s registration permit.
SEC. 6. PREASSIGNMENT SCREENING.
(a) PREASSIGNMENT REQUIREMENTS.—Each State
shall have in effect a program for issuing registration per-
mits to private security officers that requires at a mini-
mum, 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 serv-
ice, 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 ap-
plication for employment, and
(B) such personal references.
(3) The results of a check of records, obtained
at the request of such employer, through the Na-
tional Crime Information Center and fingerprint
records on file with the Federal Bureau of Investiga-
tion.
(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 as-
signing an employee to duty as a private security officer.
(c) ISSUANCE OF RULES BY THE ATTORNEY GEN-
ERAL.—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 dis-
closing 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 train-
ing 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 instruc-
tion, successful completion of a written exam-
ination, and 4 hours of on-the-job training.
(B) Such classroom instruction shall in-
clude the following:
(i) The legal powers and limitations of
a private security officer, including instruc-
tion in the law of arrest, search, and sei-
zure, and the use of force as related to se-
curity services.
(ii) Safety and fire detection and re-
porting.
(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 addi-
tion to the training required by paragraph (1), the
following:
(A) Fifteen hours of weapons instruction
(including marksmanship described in subpara-
graph (B)) and successful completion of a writ-
ten examination on—
(i) the legal limitations on the use of
weapons,
(ii) weapons handling, and
(iii) safety and maintenance.
(B) A minimum marksmanship qualifica-
tion of 70 percent attained on any silhouette
target course approved by the State regulatory
agency.
(b) ANNUAL TRAINING.—Each State shall have in ef-
fect 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 sub-
jects listed in clauses (i) through (iii) of sub-
section (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 offi-
cer’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 PRO-
GRAM.—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
knowingly included false information in such appli-
cation.
(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.
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HR 1534 SC——2