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SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.

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(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

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.

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;

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.

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