I 

113TH CONGRESS 

1ST SESSION H. R. 1441 

To provide for background checks of persons working in the electronic life 

safety and security systems industry, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 9, 2013 

Mr. LUETKEMEYER (for himself and Mr. MICHAUD) introduced the following 

bill; 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 industry, 

and for other purposes. 

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 ‘‘Electronic Life Safety 

5 and Security Systems Federal Background Check Act of 

6 2013’’. 

7 SEC. 2. ELECTRONIC LIFE SAFETY AND SECURITY SYSTEMS 

8 FEDERAL BACKGROUND CHECKS. 

9 (a) FINDINGS.—Congress finds the following: 


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1 (1) The electronic life safety and security sys2 tems industry performs critical security installation 

3 and protection for much of the infrastructure in the 

4 United States and provides commercial buildings, 

5 public agencies and residences with alarm and secu6 rity systems that are an important part of homeland 

7 security and anti-crime and terrorist prevention. 

8 (2) The electronic life safety and security sys9 tems industry includes central monitoring stations 

10 and individual employer-owned companies and other 

11 private sector businesses that install alarm and secu12 rity systems in infrastructure of the United States. 

13 (3) Some States do not provide for any licens14 ing or regulation requirement that includes a State 

15 or Federal background check on employees of the 

16 companies involved in the electronic life safety and 

17 security systems industry. 

18 (4) Many employees in the electronic life safety 

19 and security systems industry travel across State 

20 lines to install systems and may or may not be re21 quired to undergo Federal background checks as a 

22 condition of employment and in some cases there 

23 may be background check requirements at the State 

24 level or duplicated background checks at the county 

25 or city levels. 


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1 (b) DEFINITIONS.—In this section: 

2 (1) ELECTRONIC LIFE SAFETY AND SECURITY

3 SYSTEMS INDUSTRY.—The term ‘‘electronic life safe4 ty and security systems industry’’ means businesses 

5 that provide electronic life safety and security sys6 tems installation and central monitoring of fire and 

7 burglar alarm systems to public or private entities, 

8 including fire alarms, burglar alarms, smoke detec9 tion, closed-circuit TV, biometric systems, access 

10 control systems, personal emergency response sys11 tems, and other crime prevention systems. 

12 (2) EMPLOYEE.—The term ‘‘employee’’ means 

13 an individual employed in the electronic life safety 

14 and security systems industry. 

15 (3) PROSPECTIVE EMPLOYEE.—The term ‘‘pro16 spective employee’’ means an individual seeking em17 ployment in the electronic life safety and security 

18 systems industry. 

19 (4) COVERED ENTITY.—The term ‘‘covered en20 tity’’ means any employer in the electronic life safety 

21 and security systems industry. 

22 (c) PURPOSE.—The purpose of this section is to fa23 cilitate widespread access to State and national criminal 

24 history background checks, not otherwise authorized by 

25 Federal or State law, on employees and prospective emVerDate Mar 15 2010 16:03 Apr 15, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1441.IH H1441

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1 ployees in the electronic life safety and security systems 

2 industry. 

3 (d) ESTABLISHMENT OF BACKGROUND CHECK.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of the enactment of this Act, the At6 torney General shall establish a method to permit 

7 covered entities to request a fitness determination by 

8 a governmental entity based on State and Federal 

9 fingerprint-based criminal history background 

10 checks, in accordance with the information contained 

11 in records acquired under section 534 of title 28, 

12 United States Code. 

13 (2) DUTIES.—The Attorney General shall— 

14 (A) inform covered entities about how to 

15 request background checks— 

16 (i) for covered entities located in a 

17 State with a qualified State program, as 

18 determined by the Attorney General, by re19 ferring the covered entities to the State au20 thorized agency; and 

21 (ii) for covered entities located in a 

22 State without a qualified State program, 

23 as determined by the Attorney General, by 

24 providing information on alternative meth25 ods of obtaining a background check; 


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1 (B) complete a check of the national crimi2 nal history records system; 

3 (C) establish procedures for the secure re4 ceipt of criminal history records; 

5 (D) make determinations regarding wheth6 er the criminal history records received in re7 sponse to a background check conducted under 

8 this section indicate, that the employee or pro9 spective employee has a criminal history that 

10 may bear on the employee’s or prospective em11 ployee’s fitness for employment in the electronic 

12 life safety and security systems industry, based 

13 on whether the employee or prospective em14 ployee has, during the 10-year period before the 

15 background check is conducted, been convicted 

16 of or imprisoned for a felony or an offense in17 volving dishonesty or false statement or the use 

18 of force against the person of another; and 

19 (E) convey to the covered entity requesting 

20 the background check, the fitness determination 

21 of the employee or prospective employee. 

22 (3) PROVISION OF RECORDS TO EMPLOYEES

23 AND PROSPECTIVE EMPLOYEES AND OPPORTUNITY

24 TO CHALLENGE OR WITHDRAW CONSENT.— 


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1 (A) IN GENERAL.—When the Attorney 

2 General makes a determination under para3 graph (2) that an employee’s or prospective em4 ployee’s criminal history may bear on that em5 ployee’s or prospective employee’s fitness for 

6 employment, the Attorney General shall provide 

7 the employee or prospective employee with the 

8 criminal history records of the employee or pro9 spective employee and a detailed notification of 

10 the rights of the employee or prospective em11 ployee under this paragraph. 

12 (B) OPPORTUNITY TO CHALLENGE OR

13 WITHDRAW CONSENT.—An employee or pro14 spective employee described in subparagraph 

15 (A) may challenge the accuracy or completeness 

16 of any information in the criminal history 

17 record or to withdraw consent to participate in 

18 the fitness determination under procedures the 

19 Attorney General shall establish. 

20 (4) FEES.—The Attorney General shall collect 

21 from an employer requesting a fitness determination 

22 under this section a fee to offset the costs of car23 rying out the duties described in this section, includ24 ing this subsection, in an amount equal to the sum 


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1 of the actual cost of conducting the fitness deter2 mination and other criteria. 

3 (e) PRIVACY OF INFORMATION.— 

4 (1) PROHIBITION ON UNAUTHORIZED DISCLO5 SURE OR USE OF CRIMINAL HISTORY RECORDS.— 

6 Except for an employee or prospective employee, any 

7 entity or individual authorized to receive or transmit 

8 fingerprints or criminal history records under this 

9 section— 

10 (A) shall use the fingerprints, criminal his11 tory records, or information in the criminal his12 tory records only for the purposes specifically 

13 set forth in this section; and 

14 (B) shall maintain adequate security meas15 ures to ensure the confidentiality of the finger16 prints, the criminal history records, and the in17 formation in the criminal history records. 

18 (2) COMPLIANCE.—The Attorney General shall 

19 issue regulations— 

20 (A) to ensure the enforcement of the non21 disclosure requirements under paragraph (1) 

22 and to provide for appropriate sanctions in the 

23 case of violations of the requirements; and 

24 (B) to ensure the non-retention of finger25 prints and records obtained under this section 


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1 by entities outside the Department of Justice 

2 for periods longer than those necessary to carry 

3 out the functions for which the records were ob4 tained. 

Æ 


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