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34 U.S.C. § 41105 — Criminal background checks for applicants for employment in nursing facilities and home health care agencies
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A nursing facility or home health care agency may submit a request to the Attorney General to conduct a search and exchange of records described in subsection (b) regarding an applicant for employment if the employment position is involved in direct patient care.
(2) A nursing facility or home health care agency requesting a search and exchange of records under this section shall submit to the Attorney General through the appropriate State agency or agency designated by the Attorney General a copy of an employment applicant’s fingerprints, a statement signed by the applicant authorizing the nursing facility or home health care agency to request the search and exchange of records, and any other identification information not more than 7 days (excluding Saturdays, Sundays, and legal public holidays under [section 6103(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103/a&num=0&edition=prelim)) after acquiring the fingerprints, signed statement, and information.
**(b)** Pursuant to any submission that complies with the requirements of subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other identification information submitted. The Attorney General shall provide any corresponding information resulting from the search to the appropriate State agency or agency designated by the Attorney General to receive such information.
**(c)** Information regarding an applicant for employment in a nursing facility or home health care agency obtained pursuant to this section may be used only by the facility or agency requesting the information and only for the
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Source file: Laws/federal/codes/united-states-code/title-34/section-41105-criminal-background-checks-for-applicants-for-employment-in-nursing-faci--010e4aac33.md
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Source location: Title 34, Chapter 411, § 41105; chapter-411-access-to-criminal-history-and-identification-records.md
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**(a)**
(1) A nursing facility or home health care agency may submit a request to the Attorney General to conduct a search and exchange of records described in subsection (b) regarding an applicant for employment if the employment position is involved in direct patient care.
(2) A nursing facility or home health care agency requesting a search and exchange of records under this section shall submit to the Attorney General through the appropriate State agency or agency designated by the Attorney General a copy of an employment applicant’s fingerprints, a statement signed by the applicant authorizing the nursing facility or home health care agency to request the search and exchange of records, and any other identification information not more than 7 days (excluding Saturdays, Sundays, and legal public holidays under [section 6103(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6103/a&num=0&edition=prelim)) after acquiring the fingerprints, signed statement, and information.
**(b)** Pursuant to any submission that complies with the requirements of subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other identification information submitted. The Attorney General shall provide any corresponding information resulting from the search to the appropriate State agency or agency designated by the Attorney General to receive such information.
**(c)** Information regarding an applicant for employment in a nursing facility or home health care agency obtained pursuant to this section may be used only by the facility or agency requesting the information and only for the purpose of determining the suitability of the applicant for employment by the facility or agency in a position involved in direct patient care.
**(d)** The Attorney General may charge a reasonable fee, not to exceed $50 per request, to any nursing facility or home health care agency requesting a search and exchange of records pursuant to this section.
**(e)** Not later than 2 years after October 21, 1998, the Attorney General shall submit a report to Congress on the number of requests for searches and exchanges of records made under this section by nursing facilities and home health care agencies and the disposition of such requests.
**(f)** Whoever knowingly uses any information obtained pursuant to this section for a purpose other than as authorized under subsection (c) shall be fined in accordance with title 18, imprisoned for not more than 2 years, or both.
**(g)** A nursing facility or home health care agency that, in denying employment for an applicant, reasonably relies upon information provided by the Attorney General pursuant to this section shall not be liable in any action brought by the applicant based on the employment determination resulting from the incompleteness or inaccuracy of the information.
**(h)** The Attorney General may promulgate such regulations as are necessary to carry out this section, including regulations regarding the security, confidentiality, accuracy, use, destruction, and dissemination of information, audits and recordkeeping, the imposition of fees, and any necessary modifications to the definitions contained in subsection (i).
**(i)** In this section:
(1) The term “home health care agency” means an agency that provides home health care or personal care services on a visiting basis in a place of residence.
(2) The term “nursing facility” means a facility or institution (or a distinct part of an institution) that is primarily engaged in providing to residents of the facility or institution nursing care, including skilled nursing care, and related services for individuals who require medical or nursing care.
**(j)** This section shall apply without fiscal year limitation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Attorney General shall—
(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records;
(2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
(3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin);
(4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and
(5) provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen.
**(b)** The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section.
**(c)** The Attorney General may appoint officials to perform the functions authorized by this section.
**(d) Indian Law Enforcement Agencies.—**
(1) **In general.—** — The Attorn
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 534
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Federal law — U.S. Code and appendices · legal_authorities
Page 637
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 41105
Editorial Notes
CODIFICATION
Section was formerly classified as a note under sec-
tion 509 of Title 28, Judiciary and Judicial Procedure,
prior to editorial reclassification and renumbering as
this section.
Section is from the Department of Justice Appropria-
tions Act, 1990, and also from the Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1990.
§ 41104. Processing of fingerprint identification
records and name checks by FBI
For fiscal year 1991 and hereafter the Director
of the Federal Bureau of Investigation may es-
tablish and collect fees to process fingerprint
identification records and name checks for non-
criminal justice, non-law enforcement employ-
ment and licensing purposes and for certain em-
ployees of private sector contractors with classi-
fied Government contracts, and notwithstanding
the provisions of section 3302 of title 31, credit
such fees to this appropriation to be used for
salaries and other expenses incurred in pro-
viding these services, and that the Director of
the Federal Bureau of Investigation may estab-
lish such fees at a level to include an additional
amount to establish a fund to remain available
until expended to defray expenses for the auto-
mation of fingerprint identification and crimi-
nal justice information services and associated
costs.
(Pub. L. 101–515, title II, Nov. 5, 1990, 104 Stat.
2112; Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996,
110 Stat. 11, amended Pub. L. 104–99, title II,
§ 211, Jan. 26, 1996, 110 Stat. 37.)
Editorial Notes
CODIFICATION
Section was formerly classified as a note under sec-
tion 534 of Title 28, Judiciary and Judicial Procedure,
prior to editorial reclassific
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 41105
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