[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 243 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 243

     To provide for reviews of criminal records of applicants for 
 participation in shared housing arrangements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

 Ms. Sanchez (for herself, Mr. Martinez, Mr. Frost, Mr. Lipinski, Mr. 
 Pallone, and Mrs. Maloney of New York) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To provide for reviews of criminal records of applicants for 
 participation in shared housing arrangements, 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 `Older and Disabled Americans Criminal 
Protection Act of 1998'.

SEC. 2. BACKGROUND CHECKS.

    (a) In General.--A shared housing referral service, as determined 
for the purpose of this section by the Attorney General, may request 
the Attorney General to conduct a search and exchange of records under 
subsection (b) regarding any applicant for participation in a shared 
housing arrangement as a service provider resident by--
            (1) submitting, to the Attorney General--
                    (A) fingerprints regarding such applicant; and
                    (B) a written statement authorizing the shared 
                housing referral service to request the search and 
                exchange of records regarding the applicant, which is 
                signed by the applicant; and
            (2) making the submission of the information under 
        paragraph (1) not more than 7 days (not including Saturdays, 
        Sundays, and legal public holidays under section 6103 of title 
        5, United States Code) after completing acquiring the 
        information.
    (b) Search and Exchange of Records.--Pursuant to any submission 
that complies with subsection (a), the Attorney General shall search 
the records of the Criminal Justice Information Services Division of 
the Federal Bureau of Investigation for any criminal history records 
corresponding to the fingerprints or other positive identification 
submitted. The Attorney General shall provide any corresponding 
information identified by the search to the appropriate State or local 
governmental agency authorized to receive such information.
    (c) Use of Information.--Information regarding any applicant for 
participation in a shared housing arrangement obtained pursuant to 
subsection (b) may be used only by the shared housing referral service 
requesting the information and only for determining the suitability of 
the applicant for participation in a shared housing arrangement as a 
service provider resident.
    (d) Fees.--The Attorney General may charge a reasonable fee, which 
may not exceed $50, to any shared housing referral service requesting a 
search and exchange of records pursuant to subsection (b) to cover the 
costs of conducting the search and providing the records.
    (e) Report.--The Attorney General shall submit a report to the 
House of Representatives and the Senate not later than 2 years after 
the date of enactment of this Act regarding the number of requests for 
searches and exchanges of records made under this section by shared 
housing referral services and the disposition of such requests.

SEC. 3. CRIMINAL PENALTY.

    Whoever knowingly uses any information obtained pursuant to section 
2(b) in violation of section 2(c) shall be fined under title 18, United 
States Code, or imprisoned for not more than 2 years, or both.

SEC. 4. ORGANIZATIONAL LIABILITY.

    A shared housing referral agency that, in making a determination 
regarding any referral for participation in a shared housing 
arrangement, reasonably relies upon information provided to the agency 
by the Attorney General pursuant to section 2 shall not be liable, in 
any action for damages based on the referral determination, for any 
damages resulting from incompleteness or inaccuracy of the information.

SEC. 5. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Shared housing arrangement.--The term `shared housing 
        arrangement' means a primary residential arrangement that 
        consists of at least 2 persons--
                    (A) who reside in the same dwelling unit and share 
                the use of all or part of the facilities of the 
                dwelling unit;
                    (B) who have no familial relationship;
                    (C) one of whom is the owner or lessee of the 
                dwelling unit, including any owner or lessee who is an 
                elderly person or a person with disabilities, and
                    (D) another of whom provides care or other services 
                for the benefit of the person described in subparagraph 
                (C) in exchange for free occupancy in the dwelling 
                unit, a reduction in the cost otherwise charged for 
                occupancy of the dwelling unit, or other remuneration.
            (2) Shared housing referral service.--The term `shared 
        housing referral service' means any nonprofit organization, 
        person, or other entity that, for consideration, performs 
        services which involve the referral of individuals or families 
        for participation in shared housing arrangements as service 
        provider residents.
            (3) Service provider resident.--The term `service provider 
        resident' means, with respect to a shared housing arrangement, 
        the individual participating in the arrangement who is 
        described in paragraph (1)(D).
            (4) Elderly person; person with disabilities.--The terms 
        `elderly person' and `person with disabilities' have the 
        meanings given such terms in section 3(b) of the United States 
        Housing Act of 1937.

SEC. 6. REGULATIONS.

    The Attorney General may prescribe any regulations necessary to 
carry out this Act, including regulations regarding the security, 
confidentiality, accuracy, use, and dissemination of information and 
audits and recordkeeping and the imposition of fees necessary for the 
recovery of costs.
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