I 

113TH CONGRESS 

1ST SESSION H. R. 2999 

To amend title 28, United States Code, to provide for procedures ensuring 

accuracy in employment-related exchanges of records and information, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2013 

Mr. ELLISON (for himself, Ms. NORTON, Mr. RANGEL, Mr. SCOTT of Virginia, 

and Mr. THOMPSON of Mississippi) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to provide for procedures ensuring accuracy in employment-related exchanges of records and information, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Accurate Background 

5 Check Act of 2013’’ or as the ‘‘ABC Act of 2013’’. 


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1 SEC. 2. PROCEDURES RELATING TO EMPLOYMENT-RE2 LATED EXCHANGES OF RECORDS AND INFOR3 MATION. 

4 Section 534 of title 28, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(g) EMPLOYMENT WITH FEDERAL GOVERNMENT

7 OR FEDERAL CONTRACTOR.— 

8 ‘‘(1) PROCEDURES TO ENSURE ACCURACY OF

9 RECORDS.—The Attorney General shall by rule pro10 vide for procedures to ensure that any records and 

11 information exchanged under this section for pur12 poses of employment background checks are as accu13 rate and complete as is reasonably possible. 

14 ‘‘(2) NECESSARY ELEMENTS OF PROCE15 DURES.—The procedure under paragraph (1) shall 

16 ensure that, if a record or information is determined 

17 to be inaccurate or incomplete, then not later than 

18 10 days after a request for an exchange of the 

19 record or information is made and prior to releasing 

20 the record or information to the requesting entity, 

21 the Attorney General shall correct or, if appropriate, 

22 delete or amend that information, and— 

23 ‘‘(A) conduct research in whatever State 

24 and local recordkeeping systems are available in 

25 order to obtain complete data; 


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1 ‘‘(B) maintain a disposition document 

2 database that contains information obtained 

3 pursuant to subparagraph (A) that cannot oth4 erwise be posted or maintained and searched in 

5 other databases; 

6 ‘‘(C) search the disposition document data7 base established pursuant to subparagraph (B) 

8 and any other Federal databases that contain 

9 relevant disposition information; and 

10 ‘‘(D) notify each appropriate reporting ju11 risdiction of any updated information obtained 

12 pursuant to this paragraph. 

13 ‘‘(3) COMPLETENESS OF RECORD OR INFORMA14 TION.—For purposes of this subsection, a record or 

15 information is incomplete if that record or informa16 tion indicates that an arrest was made and does not 

17 include the disposition of that arrest. 

18 ‘‘(4) OPPORTUNITY TO REVIEW RECORDS OR

19 INFORMATION.—In connection with an exchange of a 

20 record or information under this section for purposes 

21 of employment background checks, the Attorney 

22 General shall, prior to the exchange— 

23 ‘‘(A) obtain a statement of consent signed 

24 by the subject of such record or information auVerDate Mar 15 2010 23:42 Aug 09, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2999.IH H2999

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1 thorizing the exchange of a record or informa2 tion; 

3 ‘‘(B) provide the applicant an opportunity 

4 to obtain a copy of the record or information 

5 upon request and to challenge the accuracy and 

6 completeness of that record or information; 

7 ‘‘(C) promptly notify the requesting entity 

8 of any such challenge; 

9 ‘‘(D) not later than 30 days after the chal10 lenge is made, complete an investigation of the 

11 challenge; 

12 ‘‘(E) provide to the applicant the specific 

13 findings and results of that investigation; and 

14 ‘‘(F) enter such findings in the disposition 

15 document database established pursuant to 

16 paragraph (2)(B). 

17 ‘‘(5) REPORT OF ATTORNEY GENERAL.—Not 

18 later than 2 years after the date of enactment of 

19 this Act, the Attorney General shall submit a report 

20 to Congress that includes— 

21 ‘‘(A) the number of requests for informa22 tion made under this section; 

23 ‘‘(B) appropriate statistical information to 

24 determine whether the exchange of records or 

25 information about arrests that did not result in 


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1 convictions is affecting the employment oppor2 tunities of applicants to whom those records or 

3 information pertain; 

4 ‘‘(C) any prolonged failure of a reporting 

5 jurisdiction to comply with a request by the At6 torney General for information about disposi7 tions of arrests; 

8 ‘‘(D) the percentage of missing arrest dis9 positions located within the time limit required 

10 by this Act; and 

11 ‘‘(E) the number of successful and unsuc12 cessful challenges to the accuracy and complete13 ness of records or information. 

14 ‘‘(6) CERTAIN OTHER PARTIES INCLUDED AS

15 AUTHORIZED OFFICIALS FOR EXCHANGES UNDER

16 THIS SUBSECTION.—For purposes of exchanges 

17 under this subsection, the term ‘employment back18 ground checks’ includes background investigations 

19 authorized by Executive Order 10450, background 

20 investigations authorized by Homeland Security 

21 Presidential Directive 12, and any exchanges made 

22 pursuant to section 70105(d) of title 46, United 

23 States Code.’’. 

Æ 


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