Mark Takano: “I appreciate the spirit in which the gentleman from North Carolina understands the intent here. I believe that most…”

“I appreciate the spirit in which the gentleman from North Carolina understands the intent here. I believe that most Americans seeing this language on its face would say it makes common sense. There is a kind of netherworld for that person who has been arrested but, yet, who has not been tried. I still say that our system of jurisprudence says that the person who has been arrested and not yet tried is still presumed to be innocent, and I still maintain that it is reasonable for Congress to hold a consumer reporting agency accountable to only reporting records of arrest for those who have been convicted. I understand there is some netherworld here, but I still think we need to err on the side of our system of jurisprudence, which says that we presume a person to be innocent until proven guilty, and a person who has been arrested and not yet gone to trial is in that status. Mr. Chairman, I reserve the balance of my time. Mr. McHENRY. Mr. Chairman, again, I still have concerns, but in the interest of due process, the direction of this amendment I think is a thoughtful one, and the gentleman's explanation is a strong explanation of his amendment. I would say in language such as no conviction, perhaps acquittal may be some better form of this, but this is something I am happy to work on if this ever gets to a conference committee, which I don't believe the bill will.…”