To provide safeguards with respect to the Federal Bureau of Investigation criminal background checks prepared for employment purposes, and for other purposes.

Summary: Fairness and Accuracy in Employment Background Checks Act of 2008 - Requires the Attorney General to: (1) adopt procedures to ensure the accuracy and completeness of federal criminal background records exchanged for employment purposes; and (2) report annually to Congress on all employment restrictions and disqualifications based on criminal records required by federal law and policy.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness and Accuracy in Employment 
Background Checks Act of 2008''.

SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS.

    (a) In General.--In any exchange of records and information for 
employment purposes through the records system created under section 
534 of title 28, United States Code, the Attorney General shall--
            (1) before making the exchange, use reasonable procedures 
        to ensure maximum possible accuracy and completeness of the 
        records and information;
            (2) at time of getting the consent of the individual 
        inquired about for the inquiry, accord that individual an 
        opportunity to receive a copy of the records and information 
        provided to the inquirer prior to release to the inquirer;
            (3) provide an opportunity to the individual inquired about 
        to challenge the accuracy and completeness of the records and 
        information provided;
            (4) investigate each such challenge by contacting the 
        relevant Federal, State, and local law enforcement officials 
        and provide the specific findings and results of that 
        investigation to the individual not later than 30 days after 
        the challenge is made;
            (5) notify the inquirer of any challenge by the individual 
        to the accuracy or completeness of a record or information and 
        provide to the inquirer a copy of any corrected records or 
        information resulting from the investigation;
            (6) upon finding that a record or information is 
        inaccurate, incomplete, or cannot be verified, promptly delete 
        that record or information, or correct that record or 
        information, as appropriate and notify each appropriate 
        Federal, State, or local criminal history record repository of 
        that finding;
            (7) if the disposition of an arrest is not included in the 
        record or information relating to that arrest, obtain that 
        disposition or verify that the arrest has not occurred not 
        later than 5 days after the request for the exchange was made, 
        before reporting that record or information to the requesting 
        entity; and
            (8) not include any record or information--
                    (A) about an arrest more than one year old that 
                does not also include a disposition of that arrest if 
                there has been such a disposition; or
                    (B) relating to an adult or juvenile nonserious 
                offense of the sort described in 28 CFR Section 
                2032(b).
    (b) Fees.--The Director of the Federal Bureau of Investigation may 
collect reasonable fees, other from the individual inquired about, to 
defray the expenses associated with the investigation of missing, 
inaccurate, or incomplete information.
    (c) Report.--The Attorney General shall include in an annual report 
to Congress--
            (1) the number of exchanges of records and information for 
        employment purposes made with entities in each State through 
        the records system created under section 534 of title 28, 
        United States Code;
            (2) the number of such exchanges that included records and 
        information about arrests that did not result in convictions;
            (3) any failure of a State to comply with the requirement 
        that dispositions of arrests be reported to the Federal Bureau 
        of Investigation not later than 120 days after the failure 
        occurs;
            (4) the percent of missing arrest dispositions located 
        within the time limit provided in subsection (a)(7); and
            (5) the results of any challenges to the accuracy and 
        completeness of records and information, including the State 
        where the records and information originated.
    (d) Regulations on Reasonable Procedures.--Not later than 120 days 
after the date of the enactment of this Act, the Attorney General shall 
issue regulations to carry out this Act.
    (e) Definition.--As used in this section, the term ``for employment 
purposes'' means for the purpose of screening an individual for 
employment or occupational licensing , or for any other purpose 
relating to employment.

SEC. 3. REPORT ON ALL THE EMPLOYMENT RESTRICTIONS AND DISQUALIFICATIONS 
              BASED ON CRIMINAL RECORDS REQUIRED BY FEDERAL LAW AND 
              POLICY.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Attorney General 
shall report to Congress on all the employment restrictions and 
disqualifications based on criminal records required by Federal law and 
policy.
    (b) Identification of Information.--In the report, the Attorney 
General shall identify--
            (1) the job title, occupation, or positions subject to 
        criminal background checks authorized by Federal law;
            (2) the cause of the disqualification based on a criminal 
        record (statutory, regulatory, policy, or practice) and the 
        substance and terms of the disqualification, including a 
        listing of the disqualifying offenses, the recency of the 
        disqualifying offenses, and the duration of the 
        disqualification;
            (3) the year the disqualification was adopted and its 
        rationale;
            (4) the procedures, if any, to appeal, waive or exempt the 
        disqualification based on a showing of rehabilitation or other 
        relevant evidence;
            (5) the numbers of individuals disqualified pursuant to the 
        applicable law or policy as a result of a criminal record; and
            (6) the Federal agency with jurisdiction to implement and 
        enforce the applicable employment restrictions or 
        disqualifications.