[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5300 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5300

      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

                              May 13, 2010

Mr. Scott of Virginia (for himself, Mr. LaTourette, Ms. Loretta Sanchez 
 of California, Mr. LoBiondo, and Mrs. Miller of Michigan) 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 2010''.

SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS.

    The Attorney General shall establish and enforce procedures to 
ensure the prompt release of accurate records and information exchanged 
for employment-related purposes through the records system created 
under section 534 of title 28, United States Code.

SEC. 3. REQUIRED PROCEDURES.

    The procedures established under section 2 shall include the 
following:
            (1) Inaccurate record or information.--If the Attorney 
        General determines that a record or information is inaccurate, 
        the Attorney General shall promptly correct that record or 
        information or, if appropriate, promptly make any changes or 
        deletions to the records or information.
            (2) Incomplete record or information.--
                    (A) If the Attorney General determines that a 
                record or information is incomplete or cannot be 
                verified, the Attorney General shall attempt to 
                complete or verify the record or information, and if 
                the Attorney General is unable to do so, the Attorney 
                General may promptly make any changes or deletions to 
                the record or information.
                    (B) For the purposes of this paragraph, an 
                incomplete record or information includes a record or 
                information that indicates there was an arrest and does 
                not include the disposition of that arrest.
                    (C) If the record or information is an incomplete 
                record or information described in subparagraph (B), 
                the Attorney General shall, not later than 10 days 
                after the requesting entity requests the exchange and 
                before the exchange is made, obtain the disposition (if 
                any) of the arrest.
            (3) Notification of reporting jurisdiction.--The Attorney 
        General shall notify each appropriate reporting jurisdiction of 
        any action taken under paragraph (1) or (2).
            (4) Opportunity to review records or information by 
        applicant.--In connection with an exchange of such a record or 
        information, the Attorney General shall--
                    (A) obtain the consent of the applicant to exchange 
                the record or information with the requesting entity;
                    (B) at the time of consent, notify the applicant 
                that the applicant can obtain a copy of the record or 
                information;
                    (C) provide to the applicant an opportunity to 
                obtain a copy of the record or information upon request 
                and to challenge the accuracy and completeness of that 
                record or information;
                    (D) promptly notify the requesting entity of any 
                such challenge;
                    (E) not later than 30 days after the challenge is 
                made, complete an investigation of the challenge;
                    (F) provide to the applicant the specific findings 
                and results of that investigation;
                    (G) promptly make any changes or deletions to the 
                records or information required as a result of the 
                challenge; and
                    (H) report those changes to the requesting entity.
            (5) Certain exchanges prohibited.--An exchange shall not 
        include any record or information--
                    (A) about an arrest more than one year old as of 
                the date of the request for the exchange, that does not 
                also include a disposition (if any) of that arrest;
                    (B) relating to an adult or juvenile non-serious 
                offense of the sort described in section 20.32(b) of 
                title 28, Code of Federal Regulations, as in effect on 
                July 1, 2009; or
                    (C) to the extent the record or information is not 
                clearly an arrest or a disposition of an arrest.

SEC. 4. FEES.

    The Attorney General may collect reasonable fees for all exchanges 
of records or information for employment-related purposes through the 
records system created under section 534 of title 28, United States 
Code, to defray the costs associated with exchanges for those purposes, 
including any costs associated with the investigation of inaccurate or 
incomplete records or information.

SEC. 5. REGULATIONS ON REASONABLE PROCEDURES.

    Not later than 1 year after the date of the enactment of this Act, 
the Attorney General shall issue regulations to carry out this Act.

SEC. 6. ANNUAL REPORTS ON PROCEDURES.

    For each of the first 3 years after the date of enactment of this 
Act, the Attorney General shall submit an annual report to Congress 
that includes--
            (1) the number of exchanges of records or information for 
        employment-related purposes made with entities in each State 
        through the records system created under section 534 of title 
        28, United States Code;
            (2) appropriate statistical information to determine 
        whether the exchange of records or information about arrests 
        that did not result in convictions is affecting the employment 
        opportunities of employees to whom those records or information 
        pertain;
            (3) any prolonged failure of a reporting jurisdiction to 
        comply with a request by the Attorney General for information 
        about dispositions of arrests;
            (4) the percent of missing arrest dispositions located 
        within the time limit required by this Act; and
            (5) the numbers of successful and unsuccessful challenges 
        to the accuracy and completeness of records or information, by 
        State where the records and information originated.

SEC. 7. REPORT ON STATUTORY AND REGULATORY RESTRICTIONS AND 
              DISQUALIFICATIONS BASED ON CRIMINAL RECORDS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Attorney General shall report to Congress on 
all Federal statutes, regulations, and policies providing employment 
restrictions and disqualifications based on criminal records.
    (b) Identification of Information.--In the report, the Attorney 
General shall identify each occupation or position to which such 
restrictions or disqualifications apply, and for each such occupation 
or position, include--
            (1) a description of the restriction or disqualification;
            (2) the duration of the restriction or disqualification;
            (3) an evaluation of the rationale for the restriction or 
        disqualification and its continuing usefulness;
            (4) the procedures, if any, to appeal, waive or exempt the 
        restriction or disqualification based on a showing of 
        rehabilitation or other relevant evidence;
            (5) any information available about the numbers of 
        individuals restricted or disqualified on the basis of a 
        criminal record; and
            (6) the identity of the Federal agency with jurisdiction 
        over the restriction or disqualification.

SEC. 8. DEFINITIONS.

    In this Act--
            (1) the term ``for employment-related purposes'' includes 
        for the purpose of screening an individual for employment or 
        occupational licensing;
            (2) the term ``applicant'' means the person to whom the 
        record or information sought to be exchanged pertains;
            (3) the term ``requesting entity'' means the person or 
        entity seeking the exchange of records or information;
            (4) the term ``State'' includes the District of Columbia, 
        Puerto Rico, and each other territory and possession of the 
        United States; and
            (5) the term ``reporting jurisdiction'' includes any person 
        or entity that provides relevant records and information to the 
        Attorney General under section 534 of title 28, United States 
        Code.
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