118 STAT. 3759 PUBLIC LAW 108–458—DEC. 17, 2004 (d) RECOMMENDATIONS.—The Attorney General shall make rec- ommendations 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 Inves- tigation 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 Procedures. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00293 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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