Sec. 7. Ensuring accuracy in the FBI background check system
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/bill/113/s/2567/is/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 534 of title 28, United States Code, is amended by adding at the end the following: In this subsection— the term applicant means the individual to whom a record sought to be exchanged pertains; the term incomplete , with respect to a record, means the record— indicates that an individual was arrested but does not describe the offense for which the individual was arrested; or indicates that an individual was arrested or criminal proceedings were instituted against an individual but does not include the final disposition of the arrest or of the proceedings if a final disposition has been reached; the term record means a record or other information collected under this section; the term reporting jurisdiction means any person or entity that provides a record to the Attorney General under this section; and the term requesting entity — means a person or entity that seeks the exchange of a record for civil purposes that include employment, housing, credit, or any other type of application; and does not include a law enforcement or intelligence agency that seeks the exchange of a record for— investigative purposes; or purposes relating to— law enforcement employment; or employment that requires a government security clearance.
Not later than 1 year after the date of enactment of the Record Expungement Designed to Enhance Employment Act of 2014 , and every 2 years thereafter, the Attorney General shall— review each record for completeness and accuracy; and to the extent feasible, update or correct each incomplete or inaccurate record. If the Attorney General determines under paragraph (2)(A) that a record is incomplete or inaccurate, the Attorney General— shall notify each relevant reporting jurisdiction that the record is incomplete or inaccurate; and may not exchange the record with a requesting entity until the Attorney General updates or corrects the record. .
Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of section 534(g) of title 28, United States Code, as added by subsection (a), that includes— the number of exchanges of records or information for employment-related purposes made with entities in each State through the records system created under section 534 of title 28, United States Code; appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of employees to whom those records or information pertain; any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; and the numbers of successful and unsuccessful challenges to the accuracy and completeness of records or information, by State where the records and information originated.