HR 1331

112th CONGRESS
1st Session

H. R. 1331

To direct the Attorney General to establish a system of background checks for employers and employees of the electronic life safety and security system installation and monitoring industry, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 1, 2011

Mr. LUETKEMEYER (for himself, Mr. ISRAEL, and Mrs. EMERSON) introduced the following bill; which was referred to the Committee on the Judiciary

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A BILL

To direct the Attorney General to establish a system of background checks for employers and employees of the electronic life safety and security system installation and monitoring 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 2011'.

SEC. 2. FINDINGS.

Congress finds--

(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) these systems include central monitoring stations and individual employer-owned companies and other private sector businesses that install systems in these structures;

(3) some States do not provide for any licensing or regulation requirement that includes a State or Federal background check on employers and employees of these companies;

(4) many employers and their employees in the industry travel across State lines to install their 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; and

(5) many employers and their employees in the industry have access to public and private structures and should undergo a Federal background check to protect lives and property.

SEC. 3. ESTABLISHMENT OF BACKGROUND CHECK.

Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish a method to permit employers in the electronic life safety and security systems installation and monitoring industry to access the information contained in appropriate records acquired under section 534 of title 28, United States Code, to provide the employers with any resulting relevant criminal history record information in accordance with the following goals and standards:

(1) Employers should be able to discover if employees or prospective employees have been convicted of a felony or of an offense involving dishonesty or false statement or the use of force against the person of another within the 10 years prior to the check.

(2) Employers should be able to obtain access to Federal criminal history record information by the Attorney General designating, the Electronic Security Association, as the channeling organization representing the electronic life safety and security systems industry.

(3) The access provided under this Act should not duplicate access by an employer regarding an employee working only within one State where the State licensing and regulation of that employee already requires a Federal background check.

(4) Each employee for whom a background check is provided under this Act should be issued a Federal Background Check Completion identification card by the Department of Justice for an appropriate period of time up to one year, indicating that the check was made with no adverse results. During that period of time, an employer or prospective employer may rely on this card instead of seeking a new Federal background check.

(5) The Federal Background Check Completion ID card should receive reciprocity from States, including those without a requirement for a Federal background check for this industry or without any requirement for background checks for this industry.

(6) The Attorney General may set reasonable fees to be charged in connection with the method for background checks authorized under this Act.

(7) The Attorney General, in establishing the method for background checks, shall give due consideration to privacy protections and employee rights. Each employee for whom a background check is provided under this section should have an effective means provided to seek a correction or dispute the outcome of the check.

SEC. 4. DEFINITION.

As used in this Act, the term `electronic life safety and security systems industry' means businesses that provide installation and central monitoring of fire and burglar alarm systems to public or private entities including but not limited to fire alarms, burglar alarms, closed-circuit TV, biometric systems, access control systems and other crime prevention systems.

END