34 U.S.C. § 41104 — Processing of fingerprint identification

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 reclassification and renumbering as this section. Section is from the Department of Justice Appropria- tions Act, 1991, and also from the Departments of Com- merce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991. Amendment by Pub. L. 104–91 is based on section 113 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, which was enacted into law by Pub. L. 104–91. AMENDMENTS 1996—Pub. L. 104–91, as amended by Pub. L. 104–99, which directed the amendment of this section by in- serting ‘‘and criminal justice information’’ after ‘‘for the automation of finger-print identification’’, was exe- cuted by making the insertion after ‘‘for the automa- tion of fingerprint identification’’ to reflect the prob- able intent of Congress. § 41105. Criminal background checks for appli- cants for employment in nursing facilities and home health care agencies (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 po- sition 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 appli- cant authorizing the nursing facility or home health care agency to request the search and ex- change 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) after acquiring the fingerprints, signed statement, and informa- tion. (b) Pursuant to any submission that complies with the requirements of subsection (a), the At- torney 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 em- ployment in a nursing facility or home health care agency obtained pursuant to this section may be used only by the facility or agency re- questing the information and only for the pur- pose of determining the suitability of the appli- cant for employment by the facility or agency in a position involved in direct patient care. (d) The Attorney General may charge a rea- sonable fee, not to exceed $50 per request, to any nursing facility or home health care agency re- questing a search and exchange of records pursu- ant 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, impris- oned for not more than 2 years, or both. (g) A nursing facility or home health care agency that, in denying employment for an ap- plicant, reasonably relies upon information pro- vided by the Attorney General pursuant to this section shall not be liable in any action brought by the applicant based on the employment de- termination 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, destruc- tion, 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.