Older and Disabled Americans Protection Act of 1997 - Authorizes: (1) a shared housing (a residential arrangement involving a caretaker and at least one elderly or disabled person) referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service.
Provides a criminal penalty for the knowing use of such information for other than housing determinations.
States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 2964 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 2964
To provide for reviews of criminal records of applicants for
participation in shared housing arrangements, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 8, 1997
Ms. Sanchez (for herself, Mr. Torres, Mr. Martinez, and Mr. Snyder)
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
Protection Act of 1997''.
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 (or another form of positive
identification approved by the Attorney General)
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 1 day (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 or 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 an elderly person or a person
with disabilities, who owns or is the lessee of the
dwelling unit; and
(D) another of whom who 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 or for-profit
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR E2381-2382)
Referred to the Subcommittee on Crime.
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