Security Officers Quality Assurance Act of 1992 - Makes a State ineligible for certain funding under the Omnibus Crime Control and Safe Streets Act of 1968 or under the Crime Control Act of 1990 unless such State has in effect or establishes pursuant to this Act a program to license and control security officers and employers of security officers. Directs the Attorney General of each State to report the provisions of the State's program to the Attorney General of the United States as part of the grant process under such Acts.
Requires each State to establish requirements and procedures for the licensing and review of operations of security contractors and employers of proprietary security officers within two years. Authorizes the licensing agency of each State to charge a reasonable fee for applicants and licensees to offset administrative costs of the program, subject to specified requirements.
Directs that State requirements and procedures, at a minimum, provide that employers, including security contractors, permanently deploy a person as a security officer only after completion of preemployment screening, training, and licensing under guidelines specified in this Act.
Sets forth provisions regarding: (1) preemployment screening, including background checks; (2) security officer training and employer certification; (3) State licensing procedures for such officers; and (4) a prohibition on an employer's contracting with such an officer to limit the employee's right to seek other employment as a security officer following termination.
Requires the State to establish procedures regarding criminal charges against a security officer, based on specified minimum guidelines.
Provides penalties for violations of this Act.
HR 5931 IH 102d CONGRESS 2d Session H. R. 5931 To assure the quality of security services and competence of security officer personnel, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 10, 1992 Mr. MARTINEZ introduced the following bill; which was referred to the Committee on the Judiciary A BILL To assure the quality of security services and competence of security officer personnel, and for other purposes. 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 `Security Officers Quality Assurance Act of 1992'. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) employment of security officers in the United States is growing rapidly; (2) the private security industry provides numerous opportunities for entry-level job applicants; (3) the American public demands the employment of qualified, well-trained security officers; (4) employers should be required to screen the qualifications of applicants for employment as security officers; (5) employers should be required to provide training to newly hired security officers; (6) State requirements, where imposed, for the screening and training of security officers, vary widely; (7) public safety would be improved if all employers of security officers provided appropriate screening and training of security officers; (8) States should enact regulations imposing minimum standards that are the same nationwide for the screening and training of security officers; and (9) State security officer regulations 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 `security officer' means any individual, other than an individual employed in active military service, or an active law enforcement officer employed by a governmental unit at the local, State, or Federal level-- (A) who is employed for the primary purpose of performing security services in protection of 1 or more persons; or (B) who is employed for the primary purpose of performing security services at a specific location, whether held in public or in private hands; (2) the term `security services' means the performance by a security officer of one or more of the following-- (A) the observation and reporting of intrusion, larceny, vandalism, fire, or trespass, (B) the observation or reporting of any unauthorized activity, (C) the protection of individuals from harm, or (D) the control of access to the premises being protected; (3) the term `security contractor' means any private entity which provides the services of a security officer for a fee; (4) the term `proprietary security officer' means a security officer employed for the purpose of providing security services for an employer (other than for or through a security contractor); (5) the term `proprietary security manager' means an individual employed by an entity (other than a government law enforcement unit or a security contractor) whose responsibilities include the provision of security services for the employer, through employing one or more proprietary security officers. SEC. 4. ELIGIBILITY FOR FUNDING. No State shall be eligible to receive funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 or under the Crime Control Act of 1990 unless such State has in effect a program as of the effective date of this Act or establishes a program pursuant to section 5 to license and control security officers and employers of security officers in accordance with the provisions of this Act. The Attorney General of each State shall report the provisions of the State's program to the Attorney General of the United States as part of the grant process under the above cited Acts. SEC. 5. STATE LICENSING OF SECURITY CONTRACTORS AND EMPLOYERS OF PROPRIETARY SECURITY OFFICERS. (a) REQUIREMENTS- Not later than 2 years after the date of the enactment of this Act, each State (to the extent not previously established) shall establish requirements and procedures for the licensing and review of operations of security contractors and employers of proprietary security officers. (b) FEES FOR LICENSING- The licensing agency of each State may charge a reasonable fee for applicants and licensees to offset the administrative costs of the program. Such fee may be adjusted periodically to compensate for increased costs, but in no case may fees be assessed on licensees in excess of the direct costs of administering the licensing program. (c) DEPLOYMENT OF OFFICERS- (1) State requirements and procedures shall, at a minimum, provide that employers, including security contractors, shall only permanently deploy a person as a security officer after completion of preemployment screening, training, and licensing under the guidelines stated in sections 6 and 7 of this Act. (2) An employer may deploy a person as an unarmed security officer for a period not to exceed 90 days, pending the results of the preemployment background check and resolution of the licensing process; if the prospective employee has submitted an application as required by section 6(a)(1), the employer has verified the applicant's personal references and 5-year prior employment history as required by section 6(b)(2), and the employee has completed the training required by section 7(a)(1). (3) An employer may deploy a person, not in possession of a current license from the State where the services are to be performed, as a security officer, including an armed security officer, for a period not to exceed 90 days, if the employee is in possession of a current security officer's license issued by a State which has adopted security officer standards pursuant to this Act. The State licensing agency shall provide an annual listing of qualified States to all licensed security contractors or employers. This subsection shall apply only to persons employed by the employer prior to deployment to a State in which the employee does not possess a current security officer's license. (4) An employer may not deploy as a security officer any person who has, within 10 years of the date of employment, been convicted of a felony, or any misdemeanor which, in the determination of the State licensing agency, bears such a relationship to the performance of security services as to constitute a disqualification for employment, unless the prospective employee is first cleared for employment by the State licensing agency. SEC. 6. PREEMPLOYMENT SCREENING. (a) PREEMPLOYMENT REQUIREMENTS- Each State shall, to the extent not already in force, establish requirements for the hiring and retention of security personnel which shall provide, at a minimum, that employers shall not permanently deploy any person as a security officer until the following predeployment actions have been completed-- (1) submission by the prospective employee of an application for employment including a history of prior employment, military service, personal references, and description of any criminal record; (2) verification by the employer of the applicant's prior employment history for 5 years and verification of personal references; (3) a review of the records of the State police agency, a comparison of contemporaneous fingerprints with the fingerprint records on file with the Federal Bureau of Investigation, and an active records check through the National Crime Information Center or other centralized reporting source to ensure that no open warrants or other actions are outstanding for such individual on the date of employment; (4) the completion of preliminary training programs as described in section 7 of this Act; and (5) the issuance of a certification of completion of preemployment verification and training to the State licensing agency. (b) BACKGROUND CHECKS- Section 552a(b) of title 5, United States Code, is amended by-- (1) striking `and' at the beginning of paragraph (11); (2) striking the period at the end of paragraph (12) and inserting `and'; and (3) adding at the end the following new paragraph: `(13) To the employer of security officers or their agents, for the sole purpose of conducting a background check with respect to employment as security officers, as defined in the Security Officers Quality Assurance Act of 1992. The Attorney General shall prescribe regulations for the procedures for the taking and transmitting of fingerprints to such employers or their agents. The actual cost of such background checks shall be paid by the applicant or the employer or prospective employer.'. (c) EMPLOYEE CERTIFICATION- The State shall require that the employer issue a certificate to the State licensing agency when the applicant has successfully completed the requirements of subsections (a) and (b) of this section. (d) WAIVER- The preemployment screening and preliminary training requirements of this section may be waived by the employer for any applicant who possesses a valid security officer license granted by the law or regulations of the State where the services are to be performed, pursuant to procedures established by section 8. SEC. 7. SECURITY OFFICER TRAINING. (a) TRAINING- Each State shall establish training requirements for security officers and proprietary security officers, which shall consist of the following, at a minimum: (1) For unarmed security officers or unarmed proprietary security officers-- (A) a minimum of 8 hours of basic classroom instruction and successful completion of a written examination, plus a minimum of 4 hours on-the-job training. A State may establish standards for individuals or entities conducting the classroom instruction; (B) the classroom portion of the training shall include, but may be expanded beyond (at the discretion of the instructor or the State licensing agency) the following: (i) The legal powers and limitations of a security officer, including, at a minimum, instructions in the law of arrest, search and seizure, and the appropriate use of force as related to private security. (ii) Safety and fire detection and reporting. (iii) When and how to notify public authorities. (iv) The employer's policy for reporting incidents and how to prepare an incident report. (v) The fundamentals of patrolling. (vi) Deportment and ethics. (vii) Information about the specific assignment and use of equipment. (2) For armed security officers or armed proprietary security officers, in addition to the training required by section 7(a)(1)-- (A) 15 hours of weapons instructions (including marksmanship described in subparagraph (B)) and a written examination on-- (i) the legal limitations on the use of weapons; (ii) weapons handling; and (iii) safety and maintenance. (B) A minimum marksmanship qualification of 70 percent to be attained on any silhouette target course approved by the State licensing agency. (b) ANNUAL TRAINING- Each unarmed security officer shall be required to complete an annual 4 hour (or more at the discretion of the State or the employer) refresher course in the subjects listed in subsection (a)(1)(B). In addition, each armed security officer shall be required to complete an annual (or more often, if prescribed by the State) refresher course in the subjects listed in subsection (a)(1)(C) and be requalified in the use of weapons. (c) EMPLOYER CERTIFICATION- The State shall require the employer to certify completion of the training and refresher training by the employee. To the extent that waivers are authorized, the certification shall include evidence as to the basis for such waiver (verification of a valid license). SEC. 8. STATE LICENSING OF SECURITY OFFICERS. (a) LICENSURE- To the extent not contained in laws or regulations in effect in any State on the date of the enactment of this Act, each State shall establish procedures for issuance of security officer's licensing upon receipt of certification from the employer upon completion of the requirements of sections 6 and 7 of this Act, or such other requirements as the State may establish, which meet the minimum prelicensing screening and training requirements in sections 6 and 7. (b) LICENSURE DENIAL- If a State rejects an applicant for a security officer's license for any reason, the State licensing agency shall notify the applicant and the employer in writing not later than 10 days after such determination is made. An applicant or employee may not continue to provide security services following receipt of notice that the State has denied the security officer a license, or if after 90 days after the date that employment began, the employee has not satisfactorily completed a criminal record check. (c) RENEWAL APPLICATIONS- State requirements and procedures for licensing of security officers shall require license renewal applications every two years, which shall include requirements of certification that annual refresher training as required by section 7(b) has been completed. SEC. 9. EMPLOYEE PROTECTION. No employer shall enter into a contract with a security officer which limits the right of such employee to seek other employment as a security officer following termination of employment, regardless of whether the termination was voluntary. SEC. 10. NOTICE OF CRIMINAL CHARGE. The State shall establish procedures regarding criminal charges against a security officer, requiring, at a minimum, that-- (1) if a security officer or proprietary security officer is charged with a felony, or misdemeanor, other than a traffic violation not involving driving under the influence of alcohol or a controlled substance or the death of another, the security officer shall notify the employer not later than 48 hours after the incident; (2) if an employer receives such notice, or learns of such charges in any manner, the employer shall report such information to the State licensing agency not later than 2 working days after receipt of such notice; (3) the license of the security officer may be suspended by the State licensing agency pending disposition of the charges; and (4) if the charges result in conviction for a felony, the State shall revoke the license of the security officer. If the charges result in conviction for a misdemeanor or lesser violation, the State may revoke the license. SEC. 11. PENALTIES. State regulations or statutory scheme shall provide for penalties that include-- (1) possible daily fines for uncorrected deficiencies, as determined by the State, if, after adequate notice, a security contractor or proprietary security manager fails to correct significant deficiencies cited by the State licensing agency or its delegate, and, following a public hearing, if requested by such contractor or manager. In the event the security contractor or proprietary security manager knowingly continues to violate any provision of State law or regulations required by this Act, the State may suspend or revoke the license granted pursuant to section 5; (2) possible State misdemeanor prosecution for security officers who knowingly falsify an application for employment for license or license renewal. The State licensing authority may suspend or revoke the license granted under section 8, following adequate notice, if a finding is made that false information was provided by a security officer on such application. Security officers shall have the right, as provided in the State licensing authority's rules and regulations, to appeal such findings. SEC. 12. MORE STRINGENT RULES. Nothing in this Act shall preclude or limit any State from adopting more stringent rules, by law or regulation, than those required by this Act. SEC. 13. UNIFORMITY. No State shall be eligible to receive funding as provided by section 4 unless it adopts rules by law or regulation that preempt an ordinance or regulation of any political subdivision of such State regulating security officers or their employers. This section shall not be construed to prevent a political subdivision from licensing or regulating security contractors or other employers of security officers with respect to activities performed which are not security services. SEC. 14. EFFECTIVE DATE. Except as otherwise provided in this Act, the provisions of this Act shall be effective on the date of the enactment of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Crime and Criminal Justice.
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