Sec. 6403. CRIMINAL HISTORY BACKGROUND CHECKS

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## SEC. 6403 CRIMINAL HISTORY BACKGROUND CHECKS ###

(a)In General Not later than 180 days after the date of enactment of this Act, the Attorney General shall report to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives regarding all statutory requirements for criminal history record checks that are required to be conducted by the Department of Justice or any of its components. ###

(b)Definitions As used in this section— ####

(1)the terms “**criminal history information**” and “criminal history records” include— #####

(A)an identifying description of the individual to whom the information or records pertain; #####

(B)notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such individual; and #####

(C)any disposition to a notation described in subparagraph (B), including acquittal, sentencing, correctional supervision, or release; and ####

(2)the term “**IAFIS**” means the Integrated Automated Fingerprint Identification System of the Federal Bureau of Allocation, which serves as the national depository for fingerprint, biometric, and criminal history information, through which fingerprints are processed electronically. ###

(c)Identification of Information The Attorney General shall identify— ####

(1)the number of criminal history record checks requested, including the type of information requested; ####

(2)the usage of different terms and definitions regarding criminal history information; and ####

(3)the variation in fees charged for such information and who pays such fees. ###

(d)Recommendations The Attorney General shall make recommendations to Congress for improving, standardizing, and consolidating the existing statutory authorization, programs, and procedures for the conduct of criminal history record checks for non-criminal justice purposes. In making these recommendations to Congress, the Attorney General shall consider— ####

(1)the effectiveness and efficiency of utilizing commercially available databases as a supplement to IAFIS criminal history information checks; ####

(2)any security concerns created by the existence of these commercially available databases concerning their ability to provide sensitive information that is not readily available about law enforcement or intelligence officials, including their identity, residence, and financial status; ####

(3)the effectiveness of utilizing State databases; ####

(4)any feasibility studies by the Department of Justice of the resources and structure of the Federal Bureau of Investigation to establish a system to provide criminal history information; ####

(5)privacy rights and other employee protections, including— #####

(A)employee consent; #####

(B)access to the records used if employment was denied; #####

(C)the disposition of the fingerprint submissions after the records are searched; #####

(D)an appeal mechanism; and #####

(E)penalties for misuse of the information; ####

(6)the scope and means of processing background checks for private employers utilizing data maintained by the Federal Bureau of Investigation that the Attorney General should be allowed to authorize in cases where the authority for such checks is not available at the State level; ####

(7)any restrictions that should be placed on the ability of an employer to charge an employee or prospective employee for the cost associated with the background check; ####

(8)which requirements should apply to the handling of incomplete records; ####

(9)the circumstances under which the criminal history information should be disseminated to the employer; ####

(10)the type of restrictions that should be prescribed for the handling of criminal history information by an employer; ####

(11)the range of Federal and State fees that might apply to such background check requests; ####

(12)any requirements that should be imposed concerning the time for responding to such background check requests; ####

(13)any infrastructure that may need to be developed to support the processing of such checks, including— #####

(A)the means by which information is collected and submitted in support of the checks; and #####

(B)the system capacity needed to process such checks at the Federal and State level; ####

(14)the role that States should play; and ####

(15)any other factors that the Attorney General determines to be relevant to the subject of the report. ###

(e)Consultation In developing the report under this section, the Attorney General shall consult with representatives of State criminal history record repositories, the National Crime Prevention and Privacy Compact Council, appropriate representatives of private industry, and representatives of labor, as determined appropriate by the Attorney General. * * * * * * * ## Subtitle G Providing Material Support to Terrorism