II 

112TH CONGRESS 

2D SESSION S. 3707 

To authorize utilities to obtain national criminal history background checks 

of certain employees in sensitive positions. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2012 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To authorize utilities to obtain national criminal history 

background checks of certain employees in sensitive positions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Utility Employee 

5 Background Check Act of 2012’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 

8 (1) the term ‘‘Chemical Facility Anti-Terrorism 

9 Standards’’ means the interim final regulations 

10 issued by the Secretary of Homeland Security under 


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1 section 550 of the Department of Homeland Secu2 rity Appropriations Act, 2007 (6 U.S.C. 121 note); 

3 and 

4 (2) the term ‘‘covered entities’’ means— 

5 (A) a regional entity or user, owner, or op6 erator of the bulk-power system, as defined in 

7 section 215 of the Federal Power Act (16 

8 U.S.C. 824(o)); 

9 (B) a facility licensed pursuant to the 

10 Atomic Energy Act of 1954 (42 U.S.C. 2011 et 

11 seq.) and covered by the provisions of section 

12 170 a. of such Act (42 U.S.C. 2210(a)); and 

13 (C) a chemical facility subject to the 

14 Chemical Facility Anti-Terrorism Standards. 

15 SEC. 3. ACCESS TO FBI BACKGROUND CHECKS. 

16 (a) IN GENERAL.—The Attorney General, acting 

17 through the Director of the Federal Bureau of Investiga18 tion, shall establish procedures for owners and operators 

19 of covered entities to obtain national criminal history 

20 background checks, including a search of the Interstate 

21 Identification Index of the National Crime Information 

22 Centers, for employees of the covered entities who have 

23 access to the most sensitive areas of operation. 

24 (b) USER FEES.—The Director of the Federal Bu25 reau of Investigation may collect fees for national criminal 


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1 history background checks provided for under subsection 

2 (a). 

3 SEC. 4. MANDATORY BACKGROUND CHECKS. 

4 (a) ELECTRIC UTILITIES.—Section 215(d) of the 

5 Federal Power Act (16 U.S.C. 824o(d)) is amended by 

6 adding at the end the following: 

7 ‘‘(7) The Commission shall order the Electric Reli8 ability Organization to submit to the Commission a pro9 posed reliability standard that would require each regional 

10 entity and user, owner, and operator of the bulk-power 

11 system to obtain a background check authorized under 

12 section 3(a) of the Utility Employee Background Check 

13 Act of 2012 for every employee of the regional entity, user, 

14 owner, or operator of the bulk-power system that has ac15 cess to the most sensitive areas of operation of the bulk16 power system.’’. 

17 (b) NUCLEAR FACILITIES.—Section 170D of the 

18 Atomic Energy Act of 1954 (42 U.S.C. 2210d) is amended 

19 by adding at the end the following: 

20 ‘‘f. BACKGROUND CHECKS.—The Commission shall 

21 require each licensed facility to obtain a background check 

22 authorized under section 3(a) of the Utility Employee 

23 Background Check Act of 2012 for every employee of the 

24 licensed facility who has access to the most sensitive areas 

25 of operation of the licensed facility.’’. 


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1 (c) CHEMICAL FACILITIES.—Not later than 180 days 

2 after the date of enactment of this Act, the Secretary of 

3 Homeland Security shall promulgate rules that require 

4 that each chemical facility subject to the Chemical Facility 

5 Anti-Terrorism Standards obtain a background check au6 thorized under section 3(a) of this Act for every employee 

7 of the chemical facility who has access to the most sen8 sitive areas of operation of the chemical facility. 

Æ 


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