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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3379 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3379
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 14, 2021
Mr. Toomey introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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