,i #aacth ,,congress #ast ,session ,h4 ,r4 #bhfe ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjac ,mr4 ,scott of ,virginia 7for himself1 ,ms4 ,loretta ,sanchez of ,california1 ,mr4 ,johnson of ,georgia1 ,mr4 ,conyers1 ,mr4 ,gutirrez1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,nadler1 ,ms4 ,chu1 ,mr4 ,cummings1 ,mr4 ,watt1 ,mr4 ,rangel1 ,mr4 ,cohen1 and ,mrs4 ,napolitano7 introduced the following bill2 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 purposes1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fairness and ,accuracy in ,employment ,background ,checks ,act of #bjac4 #b4 ,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 #ecd of title #bh1 ,united ,states ,code4 #c4 ,required procedures ,the procedures established under section #b shall include the following3 7#a7 ,inaccurate record or information ,if the ,attorney ,general determines that a record or information is inaccurate1 the ,attorney ,general shall promptly correct that record or information or1 if appropriate1 promptly make any changes or deletions to the records or information4 7#b7 ,incomplete record or information 7,a7 ,if the ,attorney ,general determines that a record or information is incomplete or cannot be verified1 the ,attorney ,general shall attempt to complete or verify the record or information1 and if the ,attorney ,general is unable to do so1 the ,attorney ,general may promptly make any changes or deletions to the record or information4 7,b7 ,for the purposes of this paragraph1 an incomplete record or information includes a record or information that indicates there was an arrest and does not include the disposition of that arrest4 7,c7 ,if the record or information is an incomplete record or information described in subparagraph 7,b71 the ,attorney ,general shall1 not later than #aj days after the requesting entity requests the exchange and before the exchange is made1 obtain the disposition 7if any7 of the arrest4 7#c7 ,notification of reporting jurisdiction ,the ,attorney ,general shall notify each appropriate reporting jurisdiction of any action taken under paragraph 7#a7 or 7#b74 7#d7 ,opportunity to review records or information by applicant ,in connection with an exchange of such a record or information1 the ,attorney ,general shall-- 7,a7 obtain the consent of the applicant to exchange the record or information with the requesting entity2 7,b7 at the time of consent1 notify the applicant that the applicant can obtain a copy of the record or information2 7,c7 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 information2 7,d7 promptly notify the requesting entity of any such challenge2 7,e7 not later than #cj days after the challenge is made1 complete an investigation of the challenge2 7,f7 provide to the applicant the specific findings and results of that investigation2 7,g7 promptly make any changes or deletions to the records or information required as a result of the challenge2 and 7,h7 report those changes to the requesting entity4 7#e7 ,certain exchanges prohibited ,an exchange shall not include any record or information-- 7,a7 about an arrest more than one year old as of the date of the request for the exchange1 that does not also include a disposition 7if any7 of that arrest2 7,b7 relating to an adult or juvenile non-serious offense of the sort described in section #bj4cb7;b7 of title #bh1 ,code of ,federal ,regulations1 as in effect on ,july #a1 #bjji2 or 7,c7 to the extent the record or information is not clearly an arrest or a disposition of an arrest4 #d4 ,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 #ecd of title #bh1 ,united ,states ,code1 to defray the costs associated with exchanges for those purposes1 including any costs associated with the investigation of inaccurate or incomplete records or information4 #e4 ,regulations on reasonable procedures ,not later than #a year after the date of the enactment of this ,act1 the ,attorney ,general shall issue regulations to carry out this ,act4 #f4 ,annual reports on procedures ,for each of the first #c years beginning after the date of enactment of this ,act1 the ,attorney ,general shall submit an annual report to ,congress that includes-- 7#a7 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 #ecd of title #bh1 ,united ,states ,code2 7#b7 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 pertain2 7#c7 any prolonged failure of a reporting jurisdiction to comply with a request by the ,attorney ,general for information about dispositions of arrests2 7#d7 the percent of missing arrest dispositions located within the time limit required by this ,act2 and 7#e7 the numbers of successful and unsuccessful challenges to the accuracy and completeness of records or information1 by ,state where the records and information originated4 #g4 ,report on statutory and regulatory restrictions and disqualifications based on criminal records 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,attorney ,general shall report to ,congress on all ,federal statutes1 regulations1 and policies providing employment restrictions and disqualifications based on criminal records4 7b7 ,identification of information ,in the report1 the ,attorney ,general shall identify each occupation or position to which such restrictions or disqualifications apply1 and for each such occupation or position1 include-- 7#a7 a description of the restriction or disqualification2 7#b7 the duration of the restriction or disqualification2 7#c7 an evaluation of the rationale for the restriction or disqualification and its continuing usefulness2 7#d7 the procedures1 if any1 to appeal1 waive or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence2 7#e7 any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record2 and 7#f7 the identity of the ,federal agency with jurisdiction over the restriction or disqualification4 #h4 ,definitions ,in this ,act-- 7#a7 the term for employment-related purposes includes for the purpose of screening an individual for employment or occupational licensing2 7#b7 the term applicant means the person to whom the record or information sought to be exchanged pertains2 7#c7 the term requesting entity means the person or entity seeking the exchange of records or information2 7#d7 the term ,state includes the ,district of ,columbia1 ,puerto ,rico1 and each other territory and possession of the ,united ,states2 and 7#e7 the term reporting jurisdiction includes any person or entity that provides relevant records and information to the ,attorney ,general under section #ecd of title #bh1 ,united ,states ,code4