[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7033 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7033
To provide safeguards with respect to the Federal Bureau of
Investigation criminal background checks prepared for employment
purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2008
Mr. Scott of Virginia (for himself, Mr. LoBiondo, and Mr. LaTourette)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide safeguards with respect to the Federal Bureau of
Investigation criminal background checks prepared for employment
purposes, 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 ``Fairness and Accuracy in Employment
Background Checks Act of 2008''.
SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS.
(a) In General.--In any exchange of records and information for
employment purposes through the records system created under section
534 of title 28, United States Code, the Attorney General shall--
(1) before making the exchange, use reasonable procedures
to ensure maximum possible accuracy and completeness of the
records and information;
(2) at time of getting the consent of the individual
inquired about for the inquiry, accord that individual an
opportunity to receive a copy of the records and information
provided to the inquirer prior to release to the inquirer;
(3) provide an opportunity to the individual inquired about
to challenge the accuracy and completeness of the records and
information provided;
(4) investigate each such challenge by contacting the
relevant Federal, State, and local law enforcement officials
and provide the specific findings and results of that
investigation to the individual not later than 30 days after
the challenge is made;
(5) notify the inquirer of any challenge by the individual
to the accuracy or completeness of a record or information and
provide to the inquirer a copy of any corrected records or
information resulting from the investigation;
(6) upon finding that a record or information is
inaccurate, incomplete, or cannot be verified, promptly delete
that record or information, or correct that record or
information, as appropriate and notify each appropriate
Federal, State, or local criminal history record repository of
that finding;
(7) if the disposition of an arrest is not included in the
record or information relating to that arrest, obtain that
disposition or verify that the arrest has not occurred not
later than 5 days after the request for the exchange was made,
before reporting that record or information to the requesting
entity; and
(8) not include any record or information--
(A) about an arrest more than one year old that
does not also include a disposition of that arrest if
there has been such a disposition; or
(B) relating to an adult or juvenile nonserious
offense of the sort described in 28 CFR Section
2032(b).
(b) Fees.--The Director of the Federal Bureau of Investigation may
collect reasonable fees, other from the individual inquired about, to
defray the expenses associated with the investigation of missing,
inaccurate, or incomplete information.
(c) Report.--The Attorney General shall include in an annual report
to Congress--
(1) the number of exchanges of records and information for
employment purposes made with entities in each State through
the records system created under section 534 of title 28,
United States Code;
(2) the number of such exchanges that included records and
information about arrests that did not result in convictions;
(3) any failure of a State to comply with the requirement
that dispositions of arrests be reported to the Federal Bureau
of Investigation not later than 120 days after the failure
occurs;
(4) the percent of missing arrest dispositions located
within the time limit provided in subsection (a)(7); and
(5) the results of any challenges to the accuracy and
completeness of records and information, including the State
where the records and information originated.
(d) Regulations on Reasonable Procedures.--Not later than 120 days
after the date of the enactment of this Act, the Attorney General shall
issue regulations to carry out this Act.
(e) Definition.--As used in this section, the term ``for employment
purposes'' means for the purpose of screening an individual for
employment or occupational licensing , or for any other purpose
relating to employment.
SEC. 3. REPORT ON ALL THE EMPLOYMENT RESTRICTIONS AND DISQUALIFICATIONS
BASED ON CRIMINAL RECORDS REQUIRED BY FEDERAL LAW AND
POLICY.
(a) In General.--Not later than one year after the date of the
enactment of this Act and annually thereafter, the Attorney General
shall report to Congress on all the employment restrictions and
disqualifications based on criminal records required by Federal law and
policy.
(b) Identification of Information.--In the report, the Attorney
General shall identify--
(1) the job title, occupation, or positions subject to
criminal background checks authorized by Federal law;
(2) the cause of the disqualification based on a criminal
record (statutory, regulatory, policy, or practice) and the
substance and terms of the disqualification, including a
listing of the disqualifying offenses, the recency of the
disqualifying offenses, and the duration of the
disqualification;
(3) the year the disqualification was adopted and its
rationale;
(4) the procedures, if any, to appeal, waive or exempt the
disqualification based on a showing of rehabilitation or other
relevant evidence;
(5) the numbers of individuals disqualified pursuant to the
applicable law or policy as a result of a criminal record; and
(6) the Federal agency with jurisdiction to implement and
enforce the applicable employment restrictions or
disqualifications.
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