Sec. 2. Findings
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Congress finds the following: There are close to 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. The Integrated Automated Fingerprint 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 70,000,000 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. 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.
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- Pub. L. 92-544
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