[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1441 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1441

 To provide for background checks of persons working in the electronic 
   life safety and security systems industry, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 9, 2013

Mr. Luetkemeyer (for himself and Mr. Michaud) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for background checks of persons working in the electronic 
   life safety and security systems industry, and for other purposes.

    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 ``Electronic Life Safety and Security 
Systems Federal Background Check Act of 2013''.

SEC. 2. ELECTRONIC LIFE SAFETY AND SECURITY SYSTEMS FEDERAL BACKGROUND 
              CHECKS.

    (a) Findings.--Congress finds the following:
            (1) The electronic life safety and security systems 
        industry performs critical security installation and protection 
        for much of the infrastructure in the United States and 
        provides commercial buildings, public agencies and residences 
        with alarm and security systems that are an important part of 
        homeland security and anti-crime and terrorist prevention.
            (2) The electronic life safety and security systems 
        industry includes central monitoring stations and individual 
        employer-owned companies and other private sector businesses 
        that install alarm and security systems in infrastructure of 
        the United States.
            (3) Some States do not provide for any licensing or 
        regulation requirement that includes a State or Federal 
        background check on employees of the companies involved in the 
        electronic life safety and security systems industry.
            (4) Many employees in the electronic life safety and 
        security systems industry travel across State lines to install 
        systems and may or may not be required to undergo Federal 
        background checks as a condition of employment and in some 
        cases there may be background check requirements at the State 
        level or duplicated background checks at the county or city 
        levels.
    (b) Definitions.--In this section:
            (1) Electronic life safety and security systems industry.--
        The term ``electronic life safety and security systems 
        industry'' means businesses that provide electronic life safety 
        and security systems installation and central monitoring of 
        fire and burglar alarm systems to public or private entities, 
        including fire alarms, burglar alarms, smoke detection, closed-
        circuit TV, biometric systems, access control systems, personal 
        emergency response systems, and other crime prevention systems.
            (2) Employee.--The term ``employee'' means an individual 
        employed in the electronic life safety and security systems 
        industry.
            (3) Prospective employee.--The term ``prospective 
        employee'' means an individual seeking employment in the 
        electronic life safety and security systems industry.
            (4) Covered entity.--The term ``covered entity'' means any 
        employer in the electronic life safety and security systems 
        industry.
    (c) Purpose.--The purpose of this section is to facilitate 
widespread access to State and national criminal history background 
checks, not otherwise authorized by Federal or State law, on employees 
and prospective employees in the electronic life safety and security 
systems industry.
    (d) Establishment of Background Check.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Attorney General shall establish 
        a method to permit covered entities to request a fitness 
        determination by a governmental entity based on State and 
        Federal fingerprint-based criminal history background checks, 
        in accordance with the information contained in records 
        acquired under section 534 of title 28, United States Code.
            (2) Duties.--The Attorney General shall--
                    (A) inform covered entities about how to request 
                background checks--
                            (i) for covered entities located in a State 
                        with a qualified State program, as determined 
                        by the Attorney General, by referring the 
                        covered entities to the State authorized 
                        agency; and
                            (ii) for covered entities located in a 
                        State without a qualified State program, as 
                        determined by the Attorney General, by 
                        providing information on alternative methods of 
                        obtaining a background check;
                    (B) complete a check of the national criminal 
                history records system;
                    (C) establish procedures for the secure receipt of 
                criminal history records;
                    (D) make determinations regarding whether the 
                criminal history records received in response to a 
                background check conducted under this section indicate, 
                that the employee or prospective employee has a 
                criminal history that may bear on the employee's or 
                prospective employee's fitness for employment in the 
                electronic life safety and security systems industry, 
                based on whether the employee or prospective employee 
                has, during the 10-year period before the background 
                check is conducted, been convicted of or imprisoned for 
                a felony or an offense involving dishonesty or false 
                statement or the use of force against the person of 
                another; and
                    (E) convey to the covered entity requesting the 
                background check, the fitness determination of the 
                employee or prospective employee.
            (3) Provision of records to employees and prospective 
        employees and opportunity to challenge or withdraw consent.--
                    (A) In general.--When the Attorney General makes a 
                determination under paragraph (2) that an employee's or 
                prospective employee's criminal history may bear on 
                that employee's or prospective employee's fitness for 
                employment, the Attorney General shall provide the 
                employee or prospective employee with the criminal 
                history records of the employee or prospective employee 
                and a detailed notification of the rights of the 
                employee or prospective employee under this paragraph.
                    (B) Opportunity to challenge or withdraw consent.--
                An employee or prospective employee described in 
                subparagraph (A) may challenge the accuracy or 
                completeness of any information in the criminal history 
                record or to withdraw consent to participate in the 
                fitness determination under procedures the Attorney 
                General shall establish.
            (4) Fees.--The Attorney General shall collect from an 
        employer requesting a fitness determination under this section 
        a fee to offset the costs of carrying out the duties described 
        in this section, including this subsection, in an amount equal 
        to the sum of the actual cost of conducting the fitness 
        determination and other criteria.
    (e) Privacy of Information.--
            (1) Prohibition on unauthorized disclosure or use of 
        criminal history records.--Except for an employee or 
        prospective employee, any entity or individual authorized to 
        receive or transmit fingerprints or criminal history records 
        under this section--
                    (A) shall use the fingerprints, criminal history 
                records, or information in the criminal history records 
                only for the purposes specifically set forth in this 
                section; and
                    (B) shall maintain adequate security measures to 
                ensure the confidentiality of the fingerprints, the 
                criminal history records, and the information in the 
                criminal history records.
            (2) Compliance.--The Attorney General shall issue 
        regulations--
                    (A) to ensure the enforcement of the nondisclosure 
                requirements under paragraph (1) and to provide for 
                appropriate sanctions in the case of violations of the 
                requirements; and
                    (B) to ensure the non-retention of fingerprints and 
                records obtained under this section by entities outside 
                the Department of Justice for periods longer than those 
                necessary to carry out the functions for which the 
                records were obtained.
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