,i #aacth ,,congress #ast ,session ,h4 ,r4 #adda ,,in ,,the ,,house ,,of ,,representatives ,april #i1 #bjac ,mr4 ,luetkemeyer 7for himself and ,mr4 ,michaud7 introduced the following bill2 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 industry1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,electronic ,life ,safety and ,security ,systems ,federal ,background ,check ,act of #bjac4 #b4 ,electronic life safety and security systems ,federal background checks 7a7 ,findings ,congress finds the following3 7#a7 ,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 buildings1 public agencies and residences with alarm and security systems that are an important part of homeland security and anti-crime and terrorist prevention4 7#b7 ,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 ,states4 7#c7 ,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 industry4 7#d7 ,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 levels4 7b7 ,definitions ,in this section3 7#a7 ,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 entities1 including fire alarms1 burglar alarms1 smoke detection1 closed-circuit ,,tv1 biometric systems1 access control systems1 personal emergency response systems1 and other crime prevention systems4 7#b7 ,employee ,the term employee means an individual employed in the electronic life safety and security systems industry4 7#c7 ,prospective employee ,the term prospective employee means an individual seeking employment in the electronic life safety and security systems industry4 7#d7 ,covered entity ,the term 8covered entity0 means any employer in the electronic life safety and security systems industry4 7c7 ,purpose ,the purpose of this section is to facilitate widespread access to ,state and national criminal history background checks1 not otherwise authorized by ,federal or ,state law1 on employees and prospective employees in the electronic life safety and security systems industry4 7d7 ,establishment of background check 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 checks1 in accordance with the information contained in records acquired under section #ecd of title #bh1 ,united ,states ,code4 7#b7 ,duties ,the ,attorney ,general shall-- 7,a7 inform covered entities about how to request background checks-- 7i7 for covered entities located in a ,state with a qualified ,state program1 as determined by the ,attorney ,general1 by referring the covered entities to the ,state authorized agency2 and 7ii7 for covered entities located in a ,state without a qualified ,state program1 as determined by the ,attorney ,general1 by providing information on alternative methods of obtaining a background check2 7,b7 complete a check of the national criminal history records system2 7,c7 establish procedures for the secure receipt of criminal history records2 7,d7 make determinations regarding whether the criminal history records received in response to a background check conducted under this section indicate1 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 industry1 based on whether the employee or prospective employee has1 during the #aj-year period before the background check is conducted1 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 another2 and 7,e7 convey to the covered entity requesting the background check1 the fitness determination of the employee or prospective employee4 7#c7 ,provision of records to employees and prospective employees and opportunity to challenge or withdraw consent 7,a7 ,in general ,when the ,attorney ,general makes a determination under paragraph 7#b7 that an employee's or prospective employee's criminal history may bear on that employee's or prospective employee's fitness for employment1 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 paragraph4 7,b7 ,opportunity to challenge or withdraw consent ,an employee or prospective employee described in subparagraph 7,a7 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 establish4 7#d7 ,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 section1 including this subsection1 in an amount equal to the sum of the actual cost of conducting the fitness determination and other criteria4 7e7 ,privacy of information 7#a7 ,prohibition on unauthorized disclosure or use of criminal history records ,except for an employee or prospective employee1 any entity or individual authorized to receive or transmit fingerprints or criminal history records under this section-- 7,a7 shall use the fingerprints1 criminal history records1 or information in the criminal history records only for the purposes specifically set forth in this section2 and 7,b7 shall maintain adequate security measures to ensure the confidentiality of the fingerprints1 the criminal history records1 and the information in the criminal history records4 7#b7 ,compliance ,the ,attorney ,general shall issue regulations-- 7,a7 to ensure the enforcement of the nondisclosure requirements under paragraph 7#a7 and to provide for appropriate sanctions in the case of violations of the requirements2 and 7,b7 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 obtained4