SEC. 7. ENSURING ACCURACY IN THE FBI BACKGROUND 
CHECK SYSTEM. 
(a) IN GENERAL.—Section 534 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(g) ENSURING ACCURACY
IN
THE FBI BACK-
GROUND CHECK SYSTEM.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘applicant’ means the indi-
vidual to whom a record sought to be exchanged 
pertains; 
‘‘(B) the term ‘incomplete’, with respect to 
a record, means the record— 
‘‘(i) indicates that an individual was 
arrested but does not describe the offense 
for which the individual was arrested; or 
‘‘(ii) indicates that an individual was 
arrested or criminal proceedings were insti-
tuted against an individual but does not 
include the final disposition of the arrest 
or of the proceedings if a final disposition 
has been reached; 
‘‘(C) the term ‘record’ means a record or 
other information collected under this section; 
‘‘(D) the term ‘reporting jurisdiction’ 
means any person or entity that provides a 
VerDate Sep 11 2014 
02:49 Apr 03, 2015
Jkt 049200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H1672.IH
H1672
emcdonald on DSK67QTVN1PROD with BILLS
record to the Attorney General under this sec-
tion; and 
‘‘(E) the term ‘requesting entity’— 
‘‘(i) means a person or entity that 
seeks the exchange of a record for civil 
purposes that include employment, hous-
ing, credit, or any other type of applica-
tion; and 
‘‘(ii) does not include a law enforce-
ment or intelligence agency that seeks the 
exchange of a record for— 
‘‘(I) investigative purposes; or 
‘‘(II) purposes relating to law en-
forcement employment. 
‘‘(2) INCOMPLETE OR INACCURATE RECORDS.— 
The Attorney General shall establish and enforce 
procedures to ensure the prompt release of accurate 
records exchanged for employment-related purposes 
through the records system created under this sec-
tion. 
‘‘(3) REQUIRED PROCEDURES.—The procedures 
established under paragraph (2) shall include the 
following: 
‘‘(A) INACCURATE RECORD OR INFORMA-
TION.—If the Attorney General determines that 
VerDate Sep 11 2014 
02:49 Apr 03, 2015
Jkt 049200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H1672.IH
H1672
emcdonald on DSK67QTVN1PROD with BILLS
a record is inaccurate, the Attorney General 
shall promptly correct the record, including by 
making deletions to the record if appropriate. 
‘‘(B) INCOMPLETE RECORD.— 
‘‘(i) IN
GENERAL.—If the Attorney 
General determines that a record is incom-
plete or cannot be verified, the Attorney 
General— 
‘‘(I) shall attempt to complete or 
verify the record; and 
‘‘(II) if unable to complete or 
verify the record, may promptly make 
any changes or deletions to the 
record. 
‘‘(ii) LACK
OF
DISPOSITION
OF
AR-
REST.—For purposes of this subpara-
graph, an incomplete record includes a 
record that indicates there was an arrest 
and does not include the disposition of the 
arrest. 
‘‘(iii) OBTAINING DISPOSITION OF AR-
REST.—If the Attorney General determines 
that a record is an incomplete record de-
scribed in clause (ii), the Attorney General 
shall, not later than 10 days after the date 
VerDate Sep 11 2014 
02:49 Apr 03, 2015
Jkt 049200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H1672.IH
H1672
emcdonald on DSK67QTVN1PROD with BILLS
on which the requesting entity requests the 
exchange and before the exchange is made, 
obtain the disposition (if any) of the ar-
rest. 
‘‘(C) NOTIFICATION OF REPORTING JURIS-
DICTION.—The Attorney General shall notify 
each appropriate reporting jurisdiction of any 
action taken under subparagraph (A) or (B). 
‘‘(D) OPPORTUNITY TO REVIEW RECORDS 
BY
APPLICANT.—In connection with an ex-
change of a record under this section, the At-
torney General shall— 
‘‘(i) obtain the consent of the appli-
cant to exchange the record with the re-
questing entity; 
‘‘(ii) at the time of consent, notify the 
applicant that the applicant can obtain a 
copy of the record; 
‘‘(iii) provide to the applicant an op-
portunity to— 
‘‘(I) obtain a copy of the record 
upon request; and 
‘‘(II) challenge the accuracy and 
completeness of the record; 
VerDate Sep 11 2014 
02:49 Apr 03, 2015
Jkt 049200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H1672.IH
H1672
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(iv) promptly notify the requesting 
entity of any such challenge; 
‘‘(v) not later than 30 days after the 
date on which the challenge is made, com-
plete an investigation of the challenge; 
‘‘(vi) provide to the applicant the spe-
cific findings and results of that investiga-
tion; 
‘‘(vii) promptly make any changes or 
deletions to the records required as a re-
sult of the challenge; and 
‘‘(viii) report those changes to the re-
questing entity. 
‘‘(E) CERTAIN EXCHANGES PROHIBITED.— 
An exchange shall not include any record— 
‘‘(i) about an arrest more than 2 
years old as of the date of the request for 
the exchange, that does not also include a 
disposition (if any) of that arrest; 
‘‘(ii) relating to an adult or juvenile 
non-serious offense of the sort described in 
section 20.32(b) of title 28, Code of Fed-
eral Regulations, as in effect on July 1, 
2009; or 
VerDate Sep 11 2014 
02:49 Apr 03, 2015
Jkt 049200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H1672.IH
H1672
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(iii) to the extent the record is not 
clearly an arrest or a disposition of an ar-
rest. 
‘‘(4) FEES.—The Attorney General may collect 
a reasonable fee for an exchange of records for em-
ployment-related purposes through the records sys-
tem created under this section to defray the costs 
associated with exchanges for those purposes, includ-
ing any costs associated with the investigation of in-
accurate or incomplete records.’’. 
(b) REGULATIONS ON REASONABLE PROCEDURES.— 
Not later than 1 year after the date of enactment of this 
Act, the Attorney General shall issue regulations to carry 
out section 534(g) of title 28, United States Code, as 
added by subsection (a). 
(c) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Attorney General shall sub-
mit to Congress a report on the implementation of sub-
section (g) of section 534 of title 28, United States Code, 
as added by subsection (a), that includes— 
(1) the number of exchanges of records for em-
ployment-related purposes made with entities in each 
State through the records system created under such 
section 534; 
VerDate Sep 11 2014 
02:49 Apr 03, 2015
Jkt 049200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H1672.IH
H1672
emcdonald on DSK67QTVN1PROD with BILLS