[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1362 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1362
To amend the National Child Protection Act of 1993 to establish a
permanent background check system.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2013
Mr. Schumer (for himself, Mr. Hatch, Ms. Klobuchar, Mr. Franken, and
Mr. Coons) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the National Child Protection Act of 1993 to establish a
permanent background check system.
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 ``Child Protection Improvements and
Electronic Life and Safety Security Systems Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation maintains
fingerprints and criminal history records on more than
71,000,000 individuals.
(2) Congress has worked with the States to make criminal
history background checks available to organizations seeking to
screen employees and volunteers who work with children, the
elderly, and individuals with disabilities, through the
National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.),
the Volunteers for Children Act (Public Law 105-251; 112 Stat.
1885), the Serve America Act (Public Law 111-13; 123 Stat.
1460), the Adam Walsh Child Protection and Safety Act of 2006
(Public Law 109-248; 120 Stat. 587), and statutes enacted by 48
states in compliance with Public Law 92-544. However, there may
still be persons providing care and services to children who
fall outside these numerous and broad categories of criminal
history background checks authorized by Federal and State law.
(3) The electronic life safety and security systems
industry provides commercial buildings, public agencies and
private residences with alarm, security and central monitoring
systems to help prevent crime. These systems may be installed
by individual employer-owned companies and other private sector
businesses.
(4) Although 18 States currently have legislation, enacted
under Public Law 92-544, to authorize criminal history
background checks on individuals in burglar alarm installation
and related professions, most States do not require a criminal
history background check. To protect lives and property,
individuals in the electronic life safety and security systems
industry should undergo a State and national criminal history
background check.
SEC. 3. BACKGROUND CHECKS.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended--
(1) by redesignating section 5 as section 6; and
(2) by inserting after section 4 the following:
``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS.
``(a) Definitions.--In this section--
``(1) the term `background check designee' means the entity
designated by the Attorney General under subsection (b)(3) to
carry out the duties described in subsection (c);
``(2) the term `covered entity' means any business or
organization that provides, or licenses, certifies, or
coordinates individuals or organizations to provide, care, care
placement, supervision, treatment, education, training,
instruction, or recreation to children;
``(3) the term `covered individual' means an individual--
``(A) who has, seeks to have, or may have
unsupervised access to vulnerable populations served by
a covered entity;
``(B) who--
``(i) is employed by or volunteers with, or
seeks to be employed by or volunteer with, a
covered entity; or
``(ii) owns or operates, or seeks to own or
operate, a covered entity; or
``(C) who is an employer or employee in the
electronic life and safety security systems industry;
``(4) the term `criminal history review designee' means the
entity designated by the Attorney General under subsection
(b)(2) to carry out the criminal history review program;
``(5) the term `criminal history review program' means the
program established under subsection (d);
``(6) the term `electronic life safety and security systems
industry' means employers and employees in businesses that
provide installation and central monitoring of fire and burglar
alarm systems to public or private entities, including fire
alarms, burglar alarms, closed-circuit television, biometric
systems, access control systems, personal emergency response
systems, and other crime prevention systems;
``(7) the term `qualified State program' means a program of
a State authorized agency that provides access to national
criminal history background checks, as authorized by Federal or
State law;
``(8) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau; and
``(9) the term `vulnerable populations' shall include
elderly persons, disabled persons, and children.
``(b) Establishment of Program.--
``(1) Purpose.--The purpose of this subsection is to
facilitate widespread access to State and national criminal
history background checks, not otherwise authorized by Federal
or State law, on covered individuals and on employers and
employees in the electronic life safety and security systems
industry.
``(2) In general.--Not later than 1 year after the date of
enactment of the Child Protection Improvements and Electronic
Life and Safety Security Systems Act of 2013, the Attorney
General shall establish--
``(A) policies and procedures to carry out the
duties described in subsection (c); and
``(B) a criminal history review program in
accordance with subsection (d).
``(3) Designees.--The Attorney General may designate 1 or
more Federal Government agencies to carry out the duties
described in subsection (c).
``(c) Access to State and National Background Checks.--
``(1) Duties.--The Attorney General shall--
``(A) inform covered entities and covered
individuals about how to request State and national
background checks--
``(i) for covered entities and covered
individuals located in a State with a qualified
State program, by referring the covered entity
or covered individual to the State authorized
agency; or
``(ii) for covered entities and covered
individuals located in a State without a
qualified State program, by providing
information on alternative methods of obtaining
a State and national background check;
``(B) complete a check of the national criminal
history background check system; and
``(C) provide information received in response to
such national criminal history background check to the
criminal history review designee.
``(2) Required information.--A request for a State and
national criminal history background check shall include--
``(A) the fingerprints of the covered individual;
``(B) other documents required by State law for a
State criminal history background check; and
``(C) the appropriate fee.
``(3) Fees.--The Attorney General shall, in addition to the
fee for the noncriminal justice national criminal history
background check authorized under section 534 of title 28,
United States Code--
``(A) collect a fee to offset the costs of carrying
out the duties described in subsection (d), in an
amount equal to the cost of conducting the criminal
history review; and
``(B) remit such fee to the Federal Bureau of
Investigation.
``(d) Criminal History Review Program.--
``(1) Purpose.--The purpose of this subsection is to
provide covered entities with reliable and accurate information
regarding the fitness of the covered individuals to have
responsibility for the safety and well-being of vulnerable
populations in their care, or for the installation and central
monitoring of fire and burglar alarm systems.
``(2) Requirements.--The Attorney General or designee
shall--
``(A) establish procedures to securely receive
criminal history records;
``(B) make determinations regarding whether the
criminal history records received in response to a
criminal history background check conducted under this
section indicate that the covered individual has a
criminal history that may bear on the covered
individual's fitness to provide care to vulnerable
populations or to install and monitor fire and burglar
alarm systems;
``(C) convey to the covered entity that submitted
the request for a State and national criminal history
background check--
``(i) the fitness and suitability of the
covered individual based solely on the criteria
described in paragraph (3); and
``(ii) instructions and guidance that the
covered entity should consult the Equal
Employment Opportunity Commission Enforcement
Guidance #915.002, dated April 25, 2012,
`Consideration of Arrest and Conviction Records
in Employment Decisions under Title VII of the
Civil Rights Act of 1964', or any successor
thereto, issued by the United States Equal
Employment Opportunity Commission.
``(3) Criminal history review criteria.--In determining
whether a criminal history record indicates that a covered
individual has a criminal history that may bear on the fitness
of the covered individual to provide care to vulnerable
populations or to install and monitor fire and burglar alarm
systems, the Attorney General or designee shall employ the
criteria used to evaluate individuals under other Federal laws,
such as the Volunteers for Children Act (Public Law 105-251;
112 Stat. 1885), the Serve America Act (Public Law 111-13; 123
Stat. 1460), and the Adam Walsh Child Protection and Safety Act
of 2006 (Public Law 109-248; 120 Stat. 587).
``(4) Application processing.--
``(A) In general.--The Attorney General shall
establish the process by which a covered entity or a
covered individual in a State without a qualified State
program may obtain a State and national criminal
history background check.
``(B) Challenge to completeness of record.--A
covered individual may challenge the completeness of
any information in the criminal history record of the
individual by contacting the Federal Bureau of
Investigations under the procedure set out in section
16.34 of title 28, Code of Federal Regulations, or any
successor thereto.
``(5) Participation in program.--The Attorney General or
designee shall determine whether an entity is a covered entity.
``(6) Privacy of information.--
``(A) In general.--Any entity authorized to receive
or transmit fingerprints or criminal history records
under this section--
``(i) 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
``(ii) shall maintain adequate security
measures to ensure the confidentiality of the
fingerprints, the criminal history records, and
the information in the criminal history
records.
``(B) Retention of fingerprints by the fbi.--In
accordance with State or Federal procedures, for the
purpose of providing fingerprint verification, criminal
investigation or subsequent hit notification services,
or for the retention of criminal history, the Federal
Bureau of Investigation may retain any fingerprints
submitted to the Federal Bureau of Investigation under
this section.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to change or replace any background check
program authorized by Federal or State law on the day before
the date of enactment of the Child Protection Improvements and
Electronic Life and Safety Security Systems Act of 2013.''.
<all>