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H.R.5300 - Fairness and Accuracy in Employment Background Checks Act of 2010
To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes.
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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 JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
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
SEC. 3. REQUIRED PROCEDURES.
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
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
SEC. 5. REGULATIONS ON REASONABLE PROCEDURES.
SEC. 6. ANNUAL REPORTS ON PROCEDURES.
(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
(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;CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
SEC. 8. DEFINITIONS.
(5) the term ‘reporting jurisdiction’ includes any person or entity that provides relevant records and information to the Attorney General under