Fairness and Accuracy in Employment Background Checks Act of 2013 - Requires the Attorney General to: (1) establish and enforce procedures to ensure the prompt release of accurate federal criminal background records and information exchanged for employment-related purposes; and (2) report to Congress on the exchange of records or information for employment-related purposes under this Act and on all federal statutes, regulations, and policies providing employment restrictions and disqualifications based on criminal records.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2865 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2865
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
July 30, 2013
Mr. Scott of Virginia (for himself, Ms. Loretta Sanchez of California,
Mr. Johnson of Georgia, Mr. Conyers, Mr. Gutierrez, Mr. Thompson of
Mississippi, Mr. Nadler, Ms. Chu, Mr. Cummings, Mr. Watt, Mr. Rangel,
Mr. Cohen, and Mrs. Napolitano) 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 2013''.
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 beginning 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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Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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