Accurate Background Check Act of 2013 or the ABC Act of 2013 - Amends the federal judicial code to 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.
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.
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.
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.
Extends the procedures established pursuant to this Act to apply to authorized 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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2999 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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''.
SEC. 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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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