,,ii #aacth ,,congress #ast ,session ,s4 #acfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #be1 #bjac ,mr4 ,schumer 7for himself1 ,mr4 ,hatch1 ,ms4 ,klobuchar1 ,mr4 ,franken1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,national ,child ,protection ,act of #aiic to establish a permanent background check system4 #a4 ,short title ,this ,act may be cited as the ,child ,protection ,improvements and ,electronic ,life and ,safety ,security ,systems ,act of #bjac4 #b4 ,findings ,congress finds the following3 7#a7 ,the ,integrated ,automated ,fingerprint ,identification ,system of the ,federal ,bureau of ,investigation maintains fingerprints and criminal history records on more than #ga1jjj1jjj individuals4 7#b7 ,congress has worked with the ,states to make criminal history background checks available to organizations seeking to screen employees and volunteers who work with children1 the elderly1 and individuals with disabilities1 through the ,national ,child ,protection ,act of #aiic 7#db ,u4,s4,c4 #eaai et seq471 the ,volunteers for ,children ,act 7,public ,law #aje-bea2 #aab ,stat4 #ahhe71 the ,serve ,america ,act 7,public ,law #aaa-ac2 #abc ,stat4 #adfj71 the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7,public ,law #aji-bdh2 #abj ,stat4 #ehg71 and statutes enacted by #dh states in compliance with ,public ,law #ib-edd4 ,however1 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 law4 7#c7 ,the electronic life safety and security systems industry provides commercial buildings1 public agencies and private residences with alarm1 security and central monitoring systems to help prevent crime4 ,these systems may be installed by individual employer-owned companies and other private sector businesses4 7#d7 ,although #ah ,states currently have legislation1 enacted under ,public ,law #ib-edd1 to authorize criminal history background checks on individuals in burglar alarm installation and related professions1 most ,states do not require a criminal history background check4 ,to protect lives and property1 individuals in the electronic life safety and security systems industry should undergo a ,state and national criminal history background check4 #c4 ,background checks ,the ,national ,child ,protection ,act of #aiic 7#db ,u4,s4,c4 #eaai et seq47 is amended-- 7#a7 by redesignating section #e as section #f2 and 7#b7 by inserting after section #d the following3 #e4 ,program for national criminal history background checks 7a7 ,definitions ,in this section-- 7#a7 the term background check designee means the entity designated by the ,attorney ,general under subsection 7b77#c7 to carry out the duties described in subsection 7c72 7#b7 the term covered entity means any business or organization that provides1 or licenses1 certifies1 or coordinates individuals or organizations to provide1 care1 care placement1 supervision1 treatment1 education1 training1 instruction1 or recreation to children2 7#c7 the term covered individual means an individual-- 7,a7 who has1 seeks to have1 or may have unsupervised access to vulnerable populations served by a covered entity2 7,b7 who-- 7i7 is employed by or volunteers with1 or seeks to be employed by or volunteer with1 a covered entity2 or 7ii7 owns or operates1 or seeks to own or operate1 a covered entity2 or 7,c7 who is an employer or employee in the electronic life and safety security systems industry2 7#d7 the term criminal history review designee means the entity designated by the ,attorney ,general under subsection 7b77#b7 to carry out the criminal history review program2 7#e7 the term criminal history review program means the program established under subsection 7d72 7#f7 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 entities1 including fire alarms1 burglar alarms1 closed-circuit television1 biometric systems1 access control systems1 personal emergency response systems1 and other crime prevention systems2 7#g7 the term qualified ,state program means a program of a ,state authorized agency that provides access to national criminal history background checks1 as authorized by ,federal or ,state law2 7#h7 the term ,state means a ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,virgin ,islands1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,federated ,states of ,micronesia1 the ,republic of the ,marshall ,islands1 and the ,republic of ,palau2 and 7#i7 the term vulnerable populations shall include elderly persons1 disabled persons1 and children4 7b7 ,establishment of program 7#a7 ,purpose ,the purpose of this subsection is to facilitate widespread access to ,state and national criminal history background checks1 not otherwise authorized by ,federal or ,state law1 on covered individuals and on employers and employees in the electronic life safety and security systems industry4 7#b7 ,in general ,not later than #a year after the date of enactment of the ,child ,protection ,improvements and ,electronic ,life and ,safety ,security ,systems ,act of #bjac1 the ,attorney ,general shall establish-- 7,a7 policies and procedures to carry out the duties described in subsection 7c72 and 7,b7 a criminal history review program in accordance with subsection 7d74 7#c7 ,designees ,the ,attorney ,general may designate #a or more ,federal ,government agencies to carry out the duties described in subsection 7c74 7c7 ,access to state and national background checks 7#a7 ,duties ,the ,attorney ,general shall-- 7,a7 inform covered entities and covered individuals about how to request ,state and national background checks-- 7i7 for covered entities and covered individuals located in a ,state with a qualified ,state program1 by referring the covered entity or covered individual to the ,state authorized agency2 or 7ii7 for covered entities and covered individuals located in a ,state without a qualified ,state program1 by providing information on alternative methods of obtaining a ,state and national background check2 7,b7 complete a check of the national criminal history background check system2 and 7,c7 provide information received in response to such national criminal history background check to the criminal history review designee4 7#b7 ,required information ,a request for a ,state and national criminal history background check shall include-- 7,a7 the fingerprints of the covered individual2 7,b7 other documents required by ,state law for a ,state criminal history background check2 and 7,c7 the appropriate fee4 7#c7 ,fees ,the ,attorney ,general shall1 in addition to the fee for the noncriminal justice national criminal history background check authorized under section #ecd of title #bh1 ,united ,states ,code-- 7,a7 collect a fee to offset the costs of carrying out the duties described in subsection 7d71 in an amount equal to the cost of conducting the criminal history review2 and 7,b7 remit such fee to the ,federal ,bureau of ,investigation4 7d7 ,criminal history review program 7#a7 ,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 care1 or for the installation and central monitoring of fire and burglar alarm systems4 7#b7 ,requirements ,the ,attorney ,general or designee shall-- 7,a7 establish procedures to securely receive criminal history records2 7,b7 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 systems2 7,c7 convey to the covered entity that submitted the request for a ,state and national criminal history background check-- 7i7 the fitness and suitability of the covered individual based solely on the criteria described in paragraph 7#c72 and 7ii7 instructions and guidance that the covered entity should consult the ,equal ,employment ,opportunity ,commission ,enforcement ,guidance #iae4jjb1 dated ,april #be1 #bjab1 ,consideration of ,arrest and ,conviction ,records in ,employment ,decisions under ,title ,,vii of the ,civil ,rights ,act of #aifd1 or any successor thereto1 issued by the ,united ,states ,equal ,employment ,opportunity ,commission4 7#c7 ,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 systems1 the ,attorney ,general or designee shall employ the criteria used to evaluate individuals under other ,federal laws1 such as the ,volunteers for ,children ,act 7,public ,law #aje-bea2 #aab ,stat4 #ahhe71 the ,serve ,america ,act 7,public ,law #aaa-ac2 #abc ,stat4 #adfj71 and the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7,public ,law #aji-bdh2 #abj ,stat4 #ehg74 7#d7 ,application processing 7,a7 ,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 check4 7,b7 ,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 #af4cd of title #bh1 ,code of ,federal ,regulations1 or any successor thereto4 7#e7 ,participation in program ,the ,attorney ,general or designee shall determine whether an entity is a covered entity4 7#f7 ,privacy of information 7,a7 ,in general ,any entity authorized to receive or transmit fingerprints or criminal history records under this section-- 7i7 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 7ii7 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 ,retention of fingerprints by the ,,fbi ,in accordance with ,state or ,federal procedures1 for the purpose of providing fingerprint verification1 criminal investigation or subsequent hit notification services1 or for the retention of criminal history1 the ,federal ,bureau of ,investigation may retain any fingerprints submitted to the ,federal ,bureau of ,investigation under this section4 7#g7 ,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 #bjac4 4