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
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.
This Act may be cited as the
Accurate Background Check Act of
or as the
ABC Act of
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:
Employment with Federal Government or Federal contractor
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.
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—
conduct research in whatever State and local recordkeeping systems are available in order to obtain complete data;
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;
search the disposition document database established pursuant to subparagraph (B) and any other Federal databases that contain relevant disposition information; and
notify each appropriate reporting jurisdiction of any updated information obtained pursuant to this paragraph.
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.
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—
obtain a statement of consent signed by the subject of such record or information authorizing the exchange of a record or information;
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;
promptly notify the requesting entity of any such challenge;
not later than 30 days after the challenge is made, complete an investigation of the challenge;
provide to the applicant the specific findings and results of that investigation; and
enter such findings in the disposition document database established pursuant to paragraph (2)(B).
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—
the number of requests for information made under this section;
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;
any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests;
the percentage of missing arrest dispositions located within the time limit required by this Act; and
the number of successful and unsuccessful challenges to the accuracy and completeness of records or information.
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.