110 HR 7033 IH: Fairness and Accuracy in Employment U.S. House of Representatives 2008-09-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7033 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.

1.

Short title

This Act may be cited as the Fairness and Accuracy in Employment Background Checks Act of 2008.

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.

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.