I 
110TH CONGRESS 
2D SESSION 
H. R. 7033 
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 
SEPTEMBER 24, 2008 
Mr. SCOTT of Virginia (for himself, Mr. LOBIONDO, and Mr. LATOURETTE) 
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 Representa-
tives 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 2008’’. 
SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS. 
(a) IN GENERAL.—In any exchange of records and 
information for employment purposes through the records 
VerDate Aug 31 2005 
03:06 Sep 26, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7033.IH
H7033
wwoods2 on PRODPC68 with BILLS
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 indi-
vidual inquired about for the inquiry, accord that in-
dividual 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 in-
quired about to challenge the accuracy and com-
pleteness of the records and information provided; 
(4) investigate each such challenge by con-
tacting the relevant Federal, State, and local law en-
forcement 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 result-
ing from the investigation; 
(6) upon finding that a record or information is 
inaccurate, incomplete, or cannot be verified, 
VerDate Aug 31 2005 
03:06 Sep 26, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7033.IH
H7033
wwoods2 on PRODPC68 with BILLS
promptly delete that record or information, or cor-
rect 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 in-
cluded in the record or information relating to that 
arrest, obtain that disposition or verify that the ar-
rest 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 non-
serious 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 associ-
ated with the investigation of missing, inaccurate, or in-
complete information. 
(c) REPORT.—The Attorney General shall include in 
an annual report to Congress— 
VerDate Aug 31 2005 
03:06 Sep 26, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7033.IH
H7033
wwoods2 on PRODPC68 with BILLS
(1) the number of exchanges of records and in-
formation for employment purposes made with enti-
ties in each State through the records system cre-
ated 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 re-
quirement 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 lo-
cated 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, includ-
ing 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 
VerDate Aug 31 2005 
03:06 Sep 26, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7033.IH
H7033
wwoods2 on PRODPC68 with BILLS
screening an individual for employment or occupational li-
censing , or for any other purpose relating to employment. 
SEC. 3. REPORT ON ALL THE EMPLOYMENT RESTRICTIONS 
AND DISQUALIFICATIONS BASED ON CRIMI-
NAL 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 re-
port, 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 dis-
qualification, 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; 
VerDate Aug 31 2005 
03:06 Sep 26, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7033.IH
H7033
wwoods2 on PRODPC68 with BILLS