II 112th CONGRESS 2d Session S. 3707 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.

1.

Short title

This Act may be cited as the Utility Employee Background Check Act of 2012.

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.

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).

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.