Private Security Officer Screening Improvement Act of 2021
Bill: S.3379 | Sponsor: Sen. Toomey, Patrick (R-PA)
Policy area: Crime and Law Enforcement

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.

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.

    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 ``Private Security Officer Screening 
Improvement Act of 2021''.

SEC. 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'') maintains fingerprints and criminal history 
        records on more than 79,000,000 individuals. FBI criminal 
        history background checks on private security officers have 
        uncovered serious criminal convictions that did not show up in 
        State and commercial criminal history background checks. 
        Accordingly, it is clearly in the public interest for private 
        security officers and applicants to be subject to FBI criminal 
        history background checks.
            (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) 
        (referred to in this section as the ``PSOEAA'') and statutes 
        enacted by dozens of States in compliance with Public Law 92-
        544. The PSOEAA authorized employers of private security 
        officers to request FBI criminal history background checks on 
        their officers and applicants through a State agency. However, 
        since the enactment of the PSOEAA in 2004, not all States have 
        made FBI criminal history background checks available to 
        employers of private security officers. As a result, there are 
        many private security officers and applicants for which 
        employers are unable to obtain FBI criminal history background 
        checks as authorized by the PSOEAA.

SEC. 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) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2)(B), by inserting ``or a 
                designated entity'' after ``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' 
        means an entity designated by the Attorney General, which may 
        not be a Federal agency, to receive and process requests under 
        subsection (d).''; and
                    (E) by inserting after paragraph (5), as so 
                redesignated, the following:
            ``(6) State.--The term `State' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, American Samoa, 
        the Virgin Islands, Guam, and the Trust Territories of the 
        Pacific.''; and
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``the 
                        State identification bureau of a participating 
                        State'' and inserting ``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'' and inserting ``a'';
                            (iii) in subparagraph (C)--
                                    (I) in the heading--
                                            (aa) by striking ``the 
                                        state'' and inserting ``a 
                                        state''; and
                                            (bb) by inserting ``or 
                                        designated entity'' after 
                                        ``bureau'';
                                    (II) in the matter preceding clause 
                                (i), by striking ``the State 
                                identification bureau of a 
                                participating State'' and inserting ``a 
                                State identification bureau or a 
                                designated entity''; and
                                    (III) in clause (ii), by inserting 
                                ``or designated entity'' after ``State 
                                identification bureau'';
                            (iv) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``the State identification bureau'' and 
                                inserting ``a State identification 
                                bureau or a designated entity''; and
                                    (II) in clause (ii)--
                                            (aa) in subclause (I), in 
                                        the matter preceding item 
                                        (aa)--

                                                    (AA) by striking 
                                                ``a participating'' and 
                                                inserting ``employment 
                                                in a''; and

                                                    (BB) by inserting 
                                                ``identification bureau 
                                                or a designated 
                                                entity'' after ``the 
                                                State''; and

                                            (bb) in subclause (II)--

                                                    (AA) by striking 
                                                ``a participating'' and 
                                                inserting ``employment 
                                                in a''; and

                                                    (BB) by inserting 
                                                ``identification bureau 
                                                or a designated 
                                                entity'' after ``the 
                                                State''; and

                            (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.''.

SEC. 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.
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