
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5119a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
   SUBCHAPTER VI--CHILD ABUSE CRIME INFORMATION AND BACKGROUND CHECKS
 
Sec. 5119a. Background checks


(a) In general

    (1) A State may have in effect procedures (established by State 
statute or regulation) that require qualified entities designated by the 
State to contact an authorized agency of the State to request a 
nationwide background check for the purpose of determining whether a 
provider has been convicted of a crime that bears upon the provider's 
fitness to have responsibility for the safety and well-being of 
children, the elderly, or individuals with disabilities.
    (2) The authorized agency shall access and review State and Federal 
criminal history records through the national criminal history 
background check system and shall make reasonable efforts to respond to 
the inquiry within 15 business days.
    (3) In the absence of State procedures referred to in paragraph (1), 
a qualified entity designated under paragraph (1) may contact an 
authorized agency of the State to request national criminal fingerprint 
background checks. Qualified entities requesting background checks under 
this paragraph shall comply with the guidelines set forth in subsection 
(b) of this section and with procedures for requesting national criminal 
fingerprint background checks, if any, established by the State.

(b) Guidelines

    The procedures established under subsection (a) of this section 
shall require--
        (1) that no qualified entity may request a background check of a 
    provider under subsection (a) of this section unless the provider 
    first provides a set of fingerprints and completes and signs a 
    statement that--
            (A) contains the name, address, and date of birth appearing 
        on a valid identification document (as defined in section 1028 
        of title 18) of the provider;
            (B) the provider has not been convicted of a crime and, if 
        the provider has been convicted of a crime, contains a 
        description of the crime and the particulars of the conviction;
            (C) notifies the provider that the entity may request a 
        background check under subsection (a) of this section;
            (D) notifies the provider of the provider's rights under 
        paragraph (2); and
            (E) notifies the provider that prior to the completion of 
        the background check the qualified entity may choose to deny the 
        provider unsupervised access to a person to whom the qualified 
        entity provides care;

        (2) that each provider who is the subject of a background check 
    is entitled--
            (A) to obtain a copy of any background check report; and
            (B) to challenge the accuracy and completeness of any 
        information contained in any such report and obtain a prompt 
        determination as to the validity of such challenge before a 
        final determination is made by the authorized agency;

        (3) that an authorized agency, upon receipt of a background 
    check report lacking disposition data, shall conduct research in 
    whatever State and local recordkeeping systems are available in 
    order to obtain complete data;
        (4) that the authorized agency shall make a determination 
    whether the provider has been convicted of, or is under pending 
    indictment for, a crime that bears upon the provider's fitness to 
    have responsibility for the safety and well-being of children, the 
    elderly, or individuals with disabilities and shall convey that 
    determination to the qualified entity; and
        (5) that any background check under subsection (a) of this 
    section and the results thereof shall be handled in accordance with 
    the requirements of Public Law 92-544, except that this paragraph 
    does not apply to any request by a qualified entity for a national 
    criminal fingerprint background check pursuant to subsection (a)(3) 
    of this section.

(c) Regulations

    (1) The Attorney General may by regulation prescribe such other 
measures as may be required to carry out the purposes of this 
subchapter, including measures relating to the security, 
confidentiality, accuracy, use, misuse, and dissemination of 
information, and audits and recordkeeping.
    (2) The Attorney General shall, to the maximum extent possible, 
encourage the use of the best technology available in conducting 
background checks.

(d) Liability

    A qualified entity shall not be liable in an action for damages 
solely for failure to conduct a criminal background check on a provider, 
nor shall a State or political subdivision thereof nor any agency, 
officer or employee thereof, be liable in an action for damages for the 
failure of a qualified entity (other than itself) to take action adverse 
to a provider who was the subject of a background check.

(e) Fees

    In the case of a background check pursuant to a State requirement 
adopted after December 20, 1993, conducted with fingerprints on a person 
who volunteers with a qualified entity, the fees collected by authorized 
State agencies and the Federal Bureau of Investigation may not exceed 
eighteen dollars, respectively, or the actual cost, whichever is less, 
of the background check conducted with fingerprints. The States shall 
establish fee systems that insure that fees to non-profit entities for 
background checks do not discourage volunteers from participating in 
child care programs.

(Pub. L. 103-209, Sec. 3, Dec. 20, 1993, 107 Stat. 2491; Pub. L. 103-
322, title XXXII, Sec. 320928(a)(1), (2), (c), (e), Sept. 13, 1994, 108 
Stat. 2131, 2132; Pub. L. 105-251, title II, Sec. 222(a), (b), Oct. 9, 
1998, 112 Stat. 1885.)

                       References in Text

    Public Law 92-544, referred to in subsec. (b)(5), is Pub. L. 92-544, 
Oct. 25, 1972, 86 Stat. 1109. Provisions relating to use of funds for 
the exchange of identification records are contained in section 201 of 
Pub. L. 92-544, which is set out as a note under section 534 of Title 
28, Judiciary and Judicial Procedure. For complete classification of 
this Act to the Code, see Tables.


                               Amendments

    1998--Subsec. (a)(3). Pub. L. 105-251, Sec. 222(a), added par. (3).
    Subsec. (b)(5). Pub. L. 105-251, Sec. 222(b), inserted before period 
at end ``, except that this paragraph does not apply to any request by a 
qualified entity for a national criminal fingerprint background check 
pursuant to subsection (a)(3) of this section''.
    1994--Subsec. (a)(1). Pub. L. 103-322, Sec. 320928(a)(1), 
substituted ``the provider's fitness to have responsibility for the 
safety and well-being of children, the elderly, or individuals with 
disabilities'' for ``an individual's fitness to have responsibility for 
the safety and well-being of children''.
    Subsec. (b)(1)(E). Pub. L. 103-322, Sec. 320928(a)(2)(A), 
substituted ``to a person to whom the qualified entity provides care'' 
for ``to a child to whom the qualified entity provides child care''.
    Subsec. (b)(4). Pub. L. 103-322, Sec. 320928(a)(2)(B), substituted 
``the provider's fitness to have responsibility for the safety and well-
being of children, the elderly, or individuals with disabilities'' for 
``an individual's fitness to have responsibility for the safety and 
well-being of children''.
    Subsec. (d). Pub. L. 103-322, Sec. 320928(c), inserted ``(other than 
itself)'' after ``failure of a qualified entity''.
    Subsec. (e). Pub. L. 103-322, Sec. 320928(e), substituted ``eighteen 
dollars, respectively, or the actual cost, whichever is less,'' for 
``the actual cost''.

                  Section Referred to in Other Sections

    This section is referred to in section 14072 of this title.
