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Reprinted from SecurityManagement

September 2004

 

Legal Reporter

 
 

Airport screeners.   The Transportation Security Administration has issued guidelines for airports to use in deciding whether to retain federal screeners or return to the use of private screening companies.  Under laws passed after September 11, as of November 19,2004, airports may start applying for the right to use contract security services.

As the guidelines explain, the TSA will set standards, conduct oversight, and enforce compliance with all screening requirements.  However, airports that opt to go for private screeners will have greater flexibility in managing their workforce.  In either case, screeners will be paid from the same federal funds.

Port security.  A new report for the Government Accountability Office concludes that the Coast Guard's plan to review all vessel security plans has faced numerous challeges and should be updated.  As of the beginning of June, the report notes, the Coast Guard had reviewed only half of the 6,400 vessel plans submitted by the July 1 deadline set out in federal law.  The GAO further questions whether the Coast Guard's compliance inspections, also required by law, wil be timely and thorough.  These on-site compliance inspections will be difficult to carry out, according to the report, because it is unclear whether the Coast Guard will have enough inspectors, a training program sufficient to prepare the inspectors, and adequate guidance to generate consistent reviews.

Concealed weapons.  A bill (H. R. 218) that would exempt off-duty and retired law enforcement personnel from compliance with concealed-weapons laws has been approved by both houses of Congress.

Persons covered under the bill would be exempt from state and local concealed-weapons laws except in certain circumstances.  The bill would not supercede state laws that allow private property owners to ban firearms on their property.  Similarly, the bill would not apply to state or local goverment buildings where firearms are prohibited. 

The bill has been sent to President Bush for his signature.  He is expected to sign.

Mike's note: Is there no end to special treatment for police?

Preemployment screening.  A bill (H.R.4022) introduced by Rep. Robert Andrews (D-NJ) would allow the owners of private security companies to access the FBI's criminal database through the National Crime Information Center.  Owners of contract security companies would be required to check the database for any criminal activity committed by prospective employees; it also would require an anual check of current employees.  Those found to have a criminal history would not be allowed to work for a private security company.

Under the provisions of the bill, companies would have to maintain the confidentiality of the criminal records checks.  They would also have to ensure that the information was used properly and seen only by those involved in the employment decision at hand.

The bill also requires that the information from the record check be destroyed after a hiring decision is made or within 180 days of receiving the data, whichever occurs first.

HR 4022 has one cosponsor and has been referred to the House Education and Workforce Committee's Subcommittee on Employer-Employee Relations and the House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security.

Another bill, S.1743, would allow companies with in-house security officers to access the same federal criminal database to do background checks on job candidates, but would not require it. It has been voed out of commitee and is pending before the full Senate.

Mike's note: It would be a great advance for the industry if the in-house people were required to meet the same minimum standards the contract people must meet.

 
     
 
 
 

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Corporate Security International, Inc. holds the following licenses / certifications from the North Carolina Private Protective Services Board (NCPPSB): # 1758, # 1763-2 & # 3304-PIA Private Investigator, # 620-GP & # 1323-GP Security Guard & Patrol, # 23-A Armored Car, # 43-C Courier Service, # 79-CI & # 118- CIT Counterintelligence Service (TSCM), # 17-FT Firearms Trainer, # NCPPSUT00474 & # NCPPSUT000704 Unarmed Security Officer Trainer. North Carolina Carry Concealed Handgun (CCH) Instructor # 00036.
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