H.R. 10, The House 9-11 Commission Recommendations Implementation Act

H.R. 10, the House 9-11 Commission Recommendations Implementation Act, contains two provisions that are extremely adverse to employment background screening. First, Section 2142 creates a pilot program administered by the Attorney General through which private employers will be authorized to directly obtain fingerprint-based, criminal history background checks for employees and applicants from the FBI’s Integrated Automated Fingerprint Identification System (IAFIS). Second, Section 2145 creates a task force to provide recommendations to establish a clearinghouse for fingerprint-based, FBI IAFIS background check requests submitted by private security guard services. In addition, the bill would require the Attorney General to make recommendations regarding the possible consolidation of criminal history employment background checks to be conducted by the Justice Department or its components.

The Senate has already passed its 9-11 bill, S. 2845, and this bill does not include the FBI employment background check provisions. The House is expected to pass H.R. 10 by Friday or Saturday of this week.

Thus, the 9-11 Commission recommendation bills will be in conference next week, with an eye to coming up with one bill that can be brought back to both houses for a vote in late October and be on the President’s desk for signature before election day. Obviously, it is very important that the final bill not include the FBI pilot provisions.

Authorizing employers to conduct FBI IAFIS check would encourage employers to rely upon a background check that is less comprehensive, less thorough and less reliable than background checks that employers are currently able to obtain from commercial vendors.

Authorizing employers to go directly to the FBI outflanks the consumer and privacy protections in the Fair Credit Reporting Act.

Authorizing employers to go directly to the FBI will chill and discourage a role for consumer reporting agencies and commercial background check screeners and, thereby, divert FBI resources from their homeland security and public safety responsibilities.

These provisions have been added without the benefit of any study, congressional hearings or, indeed, any discussion whatsoever about the comparative merits of various types of employment background checks. The House language is well-intentioned, in the sense that it is an effort to develop a comprehensive “solution” for employment background checks and avoid the seemingly never-ending parade of criminal history background check piecemeal legislation that comes before the Congress. Nevertheless, the language in H.R. 10 is not the way to address this problem.

Please urge your Congressman or Senator to oppose this provision. Please assure your member that NAPBS is very willing and prepared to work with the Congress next year to develop a comprehensive and appropriate approach to criminal history employment background screening. If the Congress feels that it must do something in the 9-11 recommendations legislation, then a study to address how to improve federal and FBI participation in the employment screening process and the key role that can and must be played by professional background screening companies would be a worthwhile alternative.

I will take any questions from the FR Residents on this subject. Folks, having the FBI involved in background checks of citizens as a "new standard" is disaster waiting to happen on multiple levels.

Please review this, and contact your Congressional Representives and tell them you don't want this bill to contain the above provisions after "conferencing" with the Senate is completed.

Thanks!

fyi, NAPBS stands for "National Association of Professional Background Screeners". It has several hundred member companies that all perform high quality background checks for employers throughout the North American continent.

Is this a way for the Feds to gain control/access to information to compliment a "national ID?"

I read that a McCain admendment to Senate Bill 2845 passed without debate last Friday night. It dealt with drivers license uniformity, much like what is in the H.R. 10.

"Is this a way for the Feds to gain control/access to information to compliment a "national ID?" "

I would say that a logical assumption.

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