H.R.4112 — Private Security Officer Screening Improvement Act (Introduced in House – IH) 

HR 4112 IH

112th CONGRESS2d Session H. R. 4112To allow screening entities to submit, receive, and screen criminal history record information for purposes of criminal history record information searches on private security officers under the Private Security Officer Employment Authorization Act of 2004.

IN THE HOUSE OF REPRESENTATIVESFebruary 29, 2012Mr. MARINO (for himself and Mr. MEEHAN) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILLTo allow screening entities to submit, receive, and screen criminal history record information for purposes of criminal history record information searches on private security officers under the Private Security Officer Employment Authorization Act of 2004.

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’.

SEC. 2. AMENDMENTS TO ALLOW SCREENING ENTITIES TO PERFORM CRIMINAL HISTORY RECORD INFORMATION SEARCHES.

Section 6402 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 401 note) is amended–

(1) in subsection (c)–

(A) in paragraph (2)(B)–

(i) by inserting `or through a screening entity’ after `State identification bureau’; and

(ii) by striking `section’ and inserting `Act’; and

(B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following:

`(4) SCREENING ENTITY- The term `screening entity’ means a private business, non-profit organization, or individual authorized by the Attorney General to submit, receive, and screen criminal history record information for the purposes of a criminal history record information search pursuant to this Act.’; and

(2) in subsection (d)–

(A) in paragraph (1)(A), by inserting `or to a screening entity if the State of employment is a State that is a non-participating State,’ after `State identification bureau of a participating State’;

(B) in paragraph (1)(B)(i), by striking `to the State identification bureau of the participating State the’ and inserting `a’;

(C) in paragraph (1)(C)–

(i) in the subparagraph heading, by inserting `OR SCREENING ENTITY’ before the period;

(ii) by striking `pursuant to this Act, submitted through the State identification bureau of a participating State’ and inserting `submitted through a State identification bureau or a screening entity pursuant to this Act’; and

(iii) in clause (ii), by inserting `or screening entity’ after `submitting State identification bureau’;

(D) in paragraph (1)(D)(i), by inserting `or screening entity’ after `by the State identification bureau’;

(E) in paragraph (1)(D)(ii)–

(i) in subclause (I)–

(I) by striking `a participating’ and inserting `employment in a’; and

(II) by inserting `identification bureau or screening entity’ after `, the State’; and

(ii) in subclause (II)–

(I) by striking `a participating’ and inserting `employment in a’; and

(II) by inserting `identification bureau or screening entity’ after `, the State’; and

(F) in paragraph (2)–

(i) in subparagraph (B), by striking `and’ at the end;

(ii) by redesignating subparagraph (C) as subparagraph (E); and

(iii) by inserting after subparagraph (B) the following:

`(C) standards for qualification as a screening entity;

`(D) standards and procedures to provide for screening entities to submit, receive, and screen criminal history record information for the purposes of a criminal history record information search pursuant to this Act; and’.

SEC. 3. 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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EDITORIAL about bill:

 

Legislation introduced by Congressman Thomas Marino (R-PA-10), if passed, will allow DOJ Authorized Third Party Screeners to Conduct FBI Checks in Instances Where States Do Not Provide for Such.

 
The National Association of Security Companies (NASCO), representing contract private security companies, has endorsed H.R. 4112, the Private Security Officer Screening Improvement Act (PSOSIA), introduced March 6 by Representative Thomas Marino (R-PA-10).

 
In 2004, Congress passed the PSOEAA, the Private Security Officer Employment Authorization Act, recognizing the need for employers of private security officers to have access to an important criminal background check — the FBI criminal history record check.  However, the PSOEAA required such checks to be conducted by a state government agency, and unfortunately, too many states still do not provide the checks for all security officers eligible to be checked under the PSOEAA. This effectively means that tens if not hundreds of thousands of security officers in the United States work without a full FBI check of their criminal history.

 
The PSOSIA amends the Private Security Officer Employment Authorization Act (PSOEAA) to allow Department of Justice authorized “screening entities” to conduct FBI checks on private security officers, as provided for in the PSOEAA, for authorized employers when such checks are not available from the State of employment.

 
“The PSOSIA will dramatically increase availability of FBI criminal background checks for all private security officers,” said Jeff Flint, Executive Director of NASCO, “and that will make the public safer.  The public wants to know that when they rely on a private security officer for their safety as they do in so many venues, that officer has been subject to a background check. It’s that simple.”
The PSOSIA would allow employers of security officers, to go through a Department of Justice-authorized “screening entity” for an FBI check when the state of employment does not provide the check. A “screener” is defined as a third-party entity authorized by DOJ to access FBI criminal records and provide background checks for employers.  Third party entities are already being used for congressionally authorized FBI background checks in fields such as banking, nursing homes, financial securities, and others.  Their use should also be expanded to private security. ISPLA has been actively working to gain similar access for other entities and for additional purposes.

 
“NASCO has always been at the forefront of increasing standards and professionalism in private security,” continued Flint. “The current gap in the PSOEAA is a public safety and homeland security risk and it must be closed. 

 

Direct Link:  http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.4112: