ABC Act of 2013

Bill: 113-hr-2999
Sponsor: full_name: Rep. Ellison, Keith [D-MN-5]
Introduced: 2013-08-02
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures

Administrative remedies

Criminal justice information and records

Department of Justice

Employee hiring

Government employee pay, benefits, personnel management

Government information and archives

Transportation employees

Transportation safety and security
Latest action: action_date: 2013-09-13
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.

Summaries:
action_date: 2013-08-02
action_desc: Introduced in House
text: <p>Accurate Background Check Act of 2013 or the ABC Act of 2013 - Amends the federal judicial code to&nbsp;require the Attorney General (DOJ) to provide procedures to ensure the accuracy and completeness of certain criminal records and information exchanged for employment background checks.</p> <p>Directs the Attorney General, if a record or information is inaccurate or incomplete, to correct, delete, or amend such information within 10 days after a request is made and prior to releasing the record to the requesting entity. Requires the Attorney General, in such an instance, to also research state and local recordkeeping systems, maintain a disposition document database to be searched along with other federal databases, and notify reporting jurisdictions of any updated information.</p> <p>Considers a record or information to be incomplete if it indicates that an arrest was made and does not include the disposition of such arrest. </p> <p>Requires the Attorney General, prior to such an employment background check exchange, to obtain the signed consent of the subject of such information, provide the applicant an opportunity to challenge the record, notify the requesting entity of any such challenge, and complete an investigation of such challenge within 30 days.</p> <p>Extends the procedures established pursuant to this Act to apply to authorized&nbsp;exchanges for: (1) national security background investigations for employment in federal service, (2) government-wide security standards for forms of identification issued to federal employees and contractors, and (3) government background checks for the issuance of transportation security cards to access the secure areas of shipping vessels and facilities.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2999 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. Short title This Act may be cited as the Accurate Background Check Act of 2013 or as the ABC Act of 2013 . 2. Procedures relating to employment-related exchanges of records and information 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 provide for procedures to ensure that any records and information exchanged under this section for purposes of employment background checks are as accurate and complete as is reasonably possible. (2) Necessary elements of procedures 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; (B) maintain a disposition document database that contains information obtained pursuant to subparagraph (A) that cannot otherwise be posted or maintained and searched in other databases; (C) search the disposition document database established pursuant to subparagraph (B) and any other Federal databases that contain relevant disposition information; and (D) notify each appropriate reporting jurisdiction of any updated information obtained pursuant to this paragraph. (3) Completeness of record or information For purposes of this subsection, a record or information is incomplete if that record or information 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 authorizing the exchange of a record or information; (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 challenge 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 information made under this section; (B) 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 applicants to whom those records or information pertain; (C) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; (D) the percentage of missing arrest dispositions located within the time limit required by this Act; and (E) the number of successful and unsuccessful challenges to the accuracy and completeness 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 background 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. .