[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3707 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3707

 To authorize utilities to obtain national criminal history background 
          checks of certain employees in sensitive positions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 21, 2012

  Mr. Schumer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize utilities to obtain national criminal history background 
          checks of certain employees in sensitive positions.

    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 ``Utility Employee Background Check 
Act of 2012''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Chemical Facility Anti-Terrorism Standards'' 
        means the interim final regulations issued by the Secretary of 
        Homeland Security under section 550 of the Department of 
        Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note); 
        and
            (2) the term ``covered entities'' means--
                    (A) a regional entity or user, owner, or operator 
                of the bulk-power system, as defined in section 215 of 
                the Federal Power Act (16 U.S.C. 824(o));
                    (B) a facility licensed pursuant to the Atomic 
                Energy Act of 1954 (42 U.S.C. 2011 et seq.) and covered 
                by the provisions of section 170 a. of such Act (42 
                U.S.C. 2210(a)); and
                    (C) a chemical facility subject to the Chemical 
                Facility Anti-Terrorism Standards.

SEC. 3. ACCESS TO FBI BACKGROUND CHECKS.

    (a) In General.--The Attorney General, acting through the Director 
of the Federal Bureau of Investigation, shall establish procedures for 
owners and operators of covered entities to obtain national criminal 
history background checks, including a search of the Interstate 
Identification Index of the National Crime Information Centers, for 
employees of the covered entities who have access to the most sensitive 
areas of operation.
    (b) User Fees.--The Director of the Federal Bureau of Investigation 
may collect fees for national criminal history background checks 
provided for under subsection (a).

SEC. 4. MANDATORY BACKGROUND CHECKS.

    (a) Electric Utilities.--Section 215(d) of the Federal Power Act 
(16 U.S.C. 824o(d)) is amended by adding at the end the following:
    ``(7) The Commission shall order the Electric Reliability 
Organization to submit to the Commission a proposed reliability 
standard that would require each regional entity and user, owner, and 
operator of the bulk-power system to obtain a background check 
authorized under section 3(a) of the Utility Employee Background Check 
Act of 2012 for every employee of the regional entity, user, owner, or 
operator of the bulk-power system that has access to the most sensitive 
areas of operation of the bulk-power system.''.
    (b) Nuclear Facilities.--Section 170D of the Atomic Energy Act of 
1954 (42 U.S.C. 2210d) is amended by adding at the end the following:
    ``f. Background Checks.--The Commission shall require each licensed 
facility to obtain a background check authorized under section 3(a) of 
the Utility Employee Background Check Act of 2012 for every employee of 
the licensed facility who has access to the most sensitive areas of 
operation of the licensed facility.''.
    (c) Chemical Facilities.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
promulgate rules that require that each chemical facility subject to 
the Chemical Facility Anti-Terrorism Standards obtain a background 
check authorized under section 3(a) of this Act for every employee of 
the chemical facility who has access to the most sensitive areas of 
operation of the chemical facility.
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