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 proce-
dures ensuring accuracy in employment-related ex-
changes of records and information, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accurate Background 
Check Act of 2013’’ or as the ‘‘ABC Act of 2013’’. 
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SEC. 2. PROCEDURES RELATING TO EMPLOYMENT-RE-
LATED EXCHANGES OF RECORDS AND INFOR-
MATION. 
Section 534 of title 28, United States Code, is 
amended by adding at the end the following: 
‘‘(g) EMPLOYMENT WITH FEDERAL GOVERNMENT 
OR FEDERAL CONTRACTOR.— 
‘‘(1) PROCEDURES TO ENSURE ACCURACY OF 
RECORDS.—The Attorney General shall by rule pro-
vide for procedures to ensure that any records and 
information exchanged under this section for pur-
poses of employment background checks are as accu-
rate and complete as is reasonably possible. 
‘‘(2) 
NECESSARY
ELEMENTS
OF
PROCE-
DURES.—The procedure under paragraph (1) shall 
ensure that, if a record or information is determined 
to be inaccurate or incomplete, then not later than 
10 days after a request for an exchange of the 
record or information is made and prior to releasing 
the record or information to the requesting entity, 
the Attorney General shall correct or, if appropriate, 
delete or amend that information, and— 
‘‘(A) conduct research in whatever State 
and local recordkeeping systems are available in 
order to obtain complete data; 
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‘‘(B) maintain a disposition document 
database that contains information obtained 
pursuant to subparagraph (A) that cannot oth-
erwise be posted or maintained and searched in 
other databases; 
‘‘(C) search the disposition document data-
base established pursuant to subparagraph (B) 
and any other Federal databases that contain 
relevant disposition information; and 
‘‘(D) notify each appropriate reporting ju-
risdiction of any updated information obtained 
pursuant to this paragraph. 
‘‘(3) COMPLETENESS OF RECORD OR INFORMA-
TION.—For purposes of this subsection, a record or 
information is incomplete if that record or informa-
tion indicates that an arrest was made and does not 
include the disposition of that arrest. 
‘‘(4) OPPORTUNITY
TO
REVIEW
RECORDS
OR 
INFORMATION.—In connection with an exchange of a 
record or information under this section for purposes 
of employment background checks, the Attorney 
General shall, prior to the exchange— 
‘‘(A) obtain a statement of consent signed 
by the subject of such record or information au-
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thorizing the exchange of a record or informa-
tion; 
‘‘(B) provide the applicant an opportunity 
to obtain a copy of the record or information 
upon request and to challenge the accuracy and 
completeness of that record or information; 
‘‘(C) promptly notify the requesting entity 
of any such challenge; 
‘‘(D) not later than 30 days after the chal-
lenge is made, complete an investigation of the 
challenge; 
‘‘(E) provide to the applicant the specific 
findings and results of that investigation; and 
‘‘(F) enter such findings in the disposition 
document database established pursuant to 
paragraph (2)(B). 
‘‘(5) REPORT
OF
ATTORNEY
GENERAL.—Not 
later than 2 years after the date of enactment of 
this Act, the Attorney General shall submit a report 
to Congress that includes— 
‘‘(A) the number of requests for informa-
tion made under this section; 
‘‘(B) appropriate statistical information to 
determine whether the exchange of records or 
information about arrests that did not result in 
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convictions is affecting the employment oppor-
tunities of applicants to whom those records or 
information pertain; 
‘‘(C) any prolonged failure of a reporting 
jurisdiction to comply with a request by the At-
torney General for information about disposi-
tions of arrests; 
‘‘(D) the percentage of missing arrest dis-
positions located within the time limit required 
by this Act; and 
‘‘(E) the number of successful and unsuc-
cessful challenges to the accuracy and complete-
ness of records or information. 
‘‘(6) CERTAIN OTHER PARTIES INCLUDED AS 
AUTHORIZED
OFFICIALS
FOR
EXCHANGES
UNDER 
THIS
SUBSECTION.—For purposes of exchanges 
under this subsection, the term ‘employment back-
ground checks’ includes background investigations 
authorized by Executive Order 10450, background 
investigations authorized by Homeland Security 
Presidential Directive 12, and any exchanges made 
pursuant to section 70105(d) of title 46, United 
States Code.’’. 
Æ 
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