| L1Verified · primary source |
34 U.S.C. § 40102(c)(2) reads: “The Attorney General shall, to the maximum extent possible, encourage the use of the best technology available in conducting background checks.” (formerly 42 U.S.C. § 5119a).
The Attorney General shall, to the maximum extent possible, encourage the use of the best technology available in conducting background checks.
Wording confirmed character-for-character on both uscode.house.gov and law.cornell.edu. Formerly codified at 42 U.S.C. § 5119a(c)(2); transferred to Title 34 by the 2017 editorial reclassification. Source credit: Pub. L. 103-209 § 3 (1993); amended Pub. L. 103-322 § 320928 (1994), Pub. L. 105-251 § 222 (1998), Pub.…
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34 U.S.C. § 40102 — Background checks (United States Code, Title 34, Subtitle IV, Chapter 401) Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov); mirrored by Cornell Legal Information Institute · Current U.S. Code text as accessed 2026-09-10 (section enacted Pub. L. 103-209 § 3, Dec. 20, 1993; last amended Pub. L. 115-141, Mar. 23, 2018) · 34 U.S.C. § 40102(c)(2) |
| L2Verified · primary source |
34 U.S.C. § 40102(a)(2): authorized agencies must make reasonable efforts to respond to a qualified-entity inquiry within 15 business days.
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.
The Act itself requires no one to be checked: section 3(a)(1) lets a state adopt procedures that require qualified entities to request checks (T11). The same 15-day language is in the original Act, Pub. L. 103-209 § 3(a)(2), 107 Stat. 2490 to 2491, and on Cornell LII.
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34 U.S.C. § 40102 — Background checks Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov) · Current U.S. Code text as accessed 2026-09-10 · 34 U.S.C. § 40102(a)(2) |
| L3Verified · primary source |
The National Child Protection Act of 1993 (P.L. 103-209) § 4 authorized $20,000,000 in TOTAL (not per year) for FY1994–FY1997 for states to computerize criminal history records; later re-authorized for FY1999–FY2002 (34 U.S.C. § 40103(b)(2)).
There are authorized to be appropriated for grants under paragraph (1) a total of $20,000,000 for fiscal years 1994, 1995, 1996, and 1997.
TOTAL confirmed: the statute says “a total of $20,000,000” across the four fiscal years, not $20M per year. Current 34 U.S.C. § 40103(b)(2) reads: “There are authorized to be appropriated for grants under paragraph (1) a total of $20,000,000 for fiscal years 1999, 2000, 2001, and 2002.” The 1998 change was made by…
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Public Law 103-209, National Child Protection Act of 1993, § 4(b)(2), 107 Stat. 2490 (at 2493); and 34 U.S.C. § 40103(b)(2) as amended by Pub. L. 105-251 § 222(c) U.S. Government Publishing Office (govinfo.gov, Statutes at Large); Office of the Law Revision Counsel / Cornell LII for current code · Enacted Dec. 20, 1993; amended Oct. 9, 1998 · P.L. 103-209 § 4(b)(2), 107 Stat. 2493; current text at 34 U.S.C. § 40103(b)(2) |
| L4Verified · primary source |
GAO report GGD-97-32 (1997) on the National Child Protection Act found the Act “does not provide a specific list of disqualifying offenses; rather, each state must make these determinations.”
However, the act does not provide a specific list of disqualifying offenses; rather, each state must make these determinations.
Full PDF: gao.gov (text extracted locally with pdftotext). The claim’s wording matches verbatim. Same page also corroborates L6: “When enacted in 1993, NCPA specified that fees… could not exceed the actual cost. The provision was amended in 1994 to specify that the fee for these volunteers could not exceed $18 or…
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Fingerprint-Based Background Checks: Implementation of the National Child Protection Act of 1993 (GAO/GGD-97-32), report to the Honorable Fred Thompson, U.S. Senate U.S. General Accounting Office (now Government Accountability Office) · January 15, 1997 · Letter report, pp. 3-4 (sentence begins at the foot of p. 3 and completes at the top of p. 4); B-272098 |
| L5Verified · primary source |
The NCPA/VCA contains a liability shield: a qualified entity is not liable in damages solely for failing to conduct a check, and states are not liable in damages for a qualified entity’s failure to take adverse action against a person who was checked (34 U.S.C. § 40102(d)).
A qualified entity shall not be liable in an action for damages solely for failure to conduct a criminal background check on a covered individual, nor shall a State or political subdivision thereof … be liable in an action for damages for the failure of a qualified entity (other than itself) to take action adverse to a covered individual
CITATION CORRECTION: the liability shield is subsection (d), not (f). Subsection (f), added in 2018 by the Child Protection Improvements Act (P.L. 115-141, div. S, title I, § 101(a)(1)(G)), sets up the national check program’s designated entities; the same Act extended the (d) shield to designated entities (§…
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34 U.S.C. § 40102 — Background checks, subsection (d) Liability Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov) · Current U.S. Code text as accessed 2026-09-10 (provision originates in Pub. L. 103-209 § 3(d), 1993) · 34 U.S.C. § 40102(d) — NOT (f) |
| L6Primary source differs · corrected |
The limit of $18 each on state and FBI fees (or the actual cost, if less) for fingerprint checks of volunteers was added in 1994 (P.L. 103-322, § 320928(e)), not by the Volunteers for Children Act of 1998. In 2018 the Child Protection Improvements Act (P.L. 115-141) removed the $18 limit: for fingerprint checks under a state requirement, state and FBI fees may not exceed the actual cost, and the fee system must still not discourage volunteers (34 U.S.C. § 40102(e)(1), (e)(3)).
1994—Subsec. (e). Pub. L. 103–322, §320928(e), substituted “eighteen dollars, respectively, or the actual cost, whichever is less,” for “the actual cost”.
The $18-or-actual-cost cap was NOT created by the Volunteers for Children Act of 1998. It was added by the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. 103-322 § 320928(e) (the original 1993 Act said only “the actual cost”). The 1998 Volunteers for Children Act (Pub. L. 105-251, title II, subtitle…
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34 U.S.C. § 40102, Amendments notes (Office of the Law Revision Counsel); Pub. L. 105-251 § 222 text (govinfo); GAO/GGD-97-32 p. 4 Office of the Law Revision Counsel, U.S. House of Representatives; U.S. Government Publishing Office; U.S. General Accounting Office · Amendment enacted Sept. 13, 1994 (Pub. L. 103-322); cap repealed Mar. 23, 2018 (Pub. L. 115-141) · 34 U.S.C. § 40102, Notes — Amendments, 1994 (subsec. (e)) and 2018 (subsec. (e)); former 42 U.S.C. § 5119a(e) |
| L7Verified · primary source |
A 1995 national survey by the American Bar Association’s Center on Children and the Law, funded by OJJDP and reported in OJJDP’s 1998 screening guidelines, found that 35% of youth-serving organizations conducted at least one type of criminal record check on volunteer applicants.
More than one-third (35 percent) conducted at least one type of criminal record check on volunteer applicants; State and local checks were used more often than FBI checks.
Attribution nuance: the 1998 OJJDP publication reports the results of an OJJDP-funded study, “Effective Screening of Child Care and Youth Service Workers” (ABA Center on Children and the Law, Washington, DC, 1995; OJJDP grant 92-MC-CX-0013), which surveyed approximately 3,800 child- and youth-serving organizations…
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Guidelines for the Screening of Persons Working With Children, the Elderly, and Individuals With Disabilities in Need of Support — Summary (NCJ 167248) U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention (OJJDP) · April 1998 · p. 5 (section on current screening practices; footnote 7) |
| L8Verified · primary source |
CCDBG Act of 2014 (P.L. 113-186) requires an FBI fingerprint check, a National Sex Offender Registry search, and state criminal, sex offender and child abuse and neglect registry searches (in the state of residence and each state lived in during the past five years), with a new check at least once every five years, for staff of licensed, regulated or registered child care providers and of providers eligible for CCDF assistance, except people related to all the children in their care (42 U.S.C. § 9858f; 45 CFR 98.43).
(ii) Not less than once during each 5-year period for any existing staff member.
Scope confirmed: § 98.43(a)(1)(i) requires checks for child care staff members “of all licensed, regulated, or registered child care providers and all child care providers eligible to deliver services for which assistance is provided under this part”; (a)(2)(i)(B) defines a covered provider as one that “Is…
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45 CFR § 98.43 — Criminal background checks (Code of Federal Regulations, Title 45, Part 98, Subpart E) U.S. Department of Health and Human Services, Administration for Children and Families (regulation); text read on Cornell Legal Information Institute (eCFR blocked automated access) · 81 FR 67584, Sept. 30, 2016, as amended at 89 FR 15414, Mar. 1, 2024 · 45 CFR § 98.43(a)(1)(i), (a)(2)(i)(B), (b)(1)-(3), (d)(2)(ii) |
| L9Verified · primary source |
FBI Rap Back: subscriptions may be set up only by a government agency or a nongovernmental entity that the FBI’s CJIS Division has assigned an ORI, and noncriminal justice subscriptions are limited to entities authorized by federal statute, federal executive order or state statute; subscribers often use a state identification bureau, an authorized federal agency or an authorized contractor as submitter. A private or non-profit employer can take part only where such an authority covers it.
Therefore, Noncriminal Justice Rap Back subscriptions allow only government agencies or nongovernmental entities that have been authorized by federal statute, federal executive order, or state statute to have access to Rap Back information.
Corrected September 27, 2026: the row had said private non-profit employers “generally cannot enroll directly”; the FBI’s own test is legal authority and an ORI, not the kind of employer. The PIA also states: “The Rap Back Service provides automated, accurate, and timely responses to authorized agencies that submit…
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Privacy Impact Assessment for the Next Generation Identification Rap Back Service Federal Bureau of Investigation (issued by FBI Privacy and Civil Liberties Officer; approved by DOJ Chief Privacy and Civil Liberties Officer) · Approved June 13, 2025 · printed p. 14 (PDF p. 15: “Rap Back subscriptions may only be established by a government agency or a nongovernmental entity that has been assigned an ORI by the CJIS Division”); printed p. 18 (PDF p. 19); printed pp. 2 to 3 (PDF pp. 3 to 4, subscribers and submitters) Archived copy |
| L10Verified · primary source |
HHS OIG, “National Background Check Program for Long-Term Care Providers: A Final Assessment” (Nov. 2024): 29 jurisdictions (27 states, the District of Columbia and Puerto Rico) took part at various times from 2010 to 2024; OIG credits the program with helping 27 of them develop background check programs. Maryland and Wisconsin withdrew early, and the last two participants ended participation on May 31, 2024.
Twenty-nine States participated in the program at various times from 2010 to 2024. The last two States ended participation on May 31, 2024. … The National Background Check Program was successful in assisting 27 States to develop programs to identify efficient, effective, and economical procedures for conducting background checks
Full report PDF: oig.hhs.gov. WORDING FIX: the last two States “ended”/”finished participation” on May 31, 2024 — they completed the program; they did not withdraw. The two States that “withdrew from the program early” were Maryland and Wisconsin, “because of a lack of support for efforts to obtain legislative…
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National Background Check Program for Long-Term Care Providers: A Final Assessment (OEI-07-24-00100) U.S. Department of Health and Human Services, Office of Inspector General · Issued November 4, 2024 (posted November 7, 2024); cover dated November 2024 · Report Highlights page (“Why OIG Did This Review” / “What OIG Found”); Conclusion; Appendix (state table) |
| L11Verified · primary source |
BJS National Criminal History Improvement Program (NCHIP): BJS says spending from 1995 through 2024 was “almost $1.1 billion” (its award tables total about $1.02 billion); annual NCHIP awards ran about $48 million to $64 million in FY2020 to FY2024, plus about $18 million to $25 million a year under NARIP.
Total expenditures since the inception in 1995 through 2024 were almost $1.1 billion.
Annual awards in the claim are from BJS’s award tables (see G18); the $70 million and $25 million figures below are solicitation ceilings, not awards. Cumulative figure verified. Annual figure partially verified: BJS FY24 NCHIP solicitation lists “Anticipated Total Amount To Be Awarded Under This Solicitation:…
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National Criminal History Improvement Program (NCHIP) program page; BJS FY24 National Criminal History Improvement Program (NCHIP) solicitation (O-BJS-2024-172008) U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics · Program page dated March 3, 2021 (text updated through 2024); FY24 solicitation released March 4, 2024 · NCHIP program page (Overview); FY24 NCHIP solicitation, “Anticipated Total Amount To Be Awarded Under This Solicitation: $70,000,000” |
| L12Verified · primary source |
CMS National Background Check Program (ACA § 6201): grants of up to $3 million per state at a 3:1 federal match.
The payment amount to each State that the Secretary enters into an agreement with under paragraph (1)(A) shall be 3 times the amount that the State guarantees to make available under clause (i), except that in no case may the payment amount exceed $3,000,000
Both figures verified in statute. Nuance: the $3,000,000 cap applies to newly participating States; States that had participated in the earlier MMA § 307 pilot are capped at $1,500,000 under (a)(5)(B)(ii), also at 3:1. CMS’s program page (cms.gov, surfaced in search, not opened) describes the “three-to-one match.”
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42 U.S.C. § 1320a-7l — Nationwide program for national and State background checks on direct patient access employees of long-term care facilities and providers (enacted as Patient Protection and Affordable Care Act § 6201) U.S. Code (Pub. L. 111-148, title VI, § 6201, Mar. 23, 2010); text read on Cornell Legal Information Institute · March 23, 2010 · 42 U.S.C. § 1320a-7l(a)(5)(A)(ii) (newly participating States) |
| L13Verified · primary source |
HR.com’s HR Research Institute, in a 2021 survey sponsored by the Professional Background Screening Association: 19% of responding organizations worldwide run background checks at times beyond hiring and onboarding. The 19% does not measure continuous monitoring as such.
Among the 19% of organizations that conduct background checks at times in addition to the initial hiring/onboarding process worldwide, criminal background screening is the most common type of recurring background check (67%).
Primary survey report located on PBSA’s own publication server (the WebFetch summarizer could not parse it; text extracted locally with pdftotext). Nuances for site copy: (1) the 19% is of “organizations… worldwide” responding to the HR.com/PBSA survey, not U.S. employers only; (2) the report is authored by…
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Background Screening: Trends in the U.S. and Abroad (2021 research report) HR.com’s HR Research Institute in partnership with (sponsored by) the Professional Background Screening Association (PBSA) · August 2021 · p. 11, “Criminal Background Screening is the Most Common Recurring Type of Check” |
| L14Verified · primary source |
Virginia State Crime Commission staff (October 2018): the Virginia State Police “Hold File” held at least 751,154 offenses not applied to criminal history records, 90% (675,081) because they lacked fingerprints. PBSA later cited the finding.
VSP maintains a “CCRE Hold File” with at least 751,154 offenses not applied to criminal history records due to errors: 90% lack fingerprints (675,081) 10% are due to other errors (76,073)
The state is Virginia; the repository is the Virginia State Police Central Criminal Records Exchange (CCRE). PBSA’s own document (pubs.thepbsa.org, p. 2) states: “In Virginia, more than 750,000 criminal records were missing, including murder convictions, drunk driving arrests, family abuse and drug charges, among…
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Fingerprinting of Defendants (staff presentation to the Virginia State Crime Commission); PBSA, “Background Screening Comparison: Professional Background Screening vs. FBI Fingerprint Check” Virginia State Crime Commission (primary); Professional Background Screening Association (secondary documentation) · October 11, 2018 (VSCC presentation); PBSA comparison sheet undated · VSCC presentation, slide 4 (“Fingerprinting in Virginia — According to VSP data”); PBSA comparison sheet, p. 2 |
| L15Verified · primary source |
Congressional Research Service: as of 2022, slightly less than half of states, territories and tribes were in full compliance with CCDBG background-check requirements.
HHS reported that as of 2022, slightly less than half of states, territories, and tribes were in full compliance with all requirements except the requirement for checks to be completed within 45 days.
Correct CRS report is R47312 (not R43707). The canonical congress.gov URL (listed in search results under the report’s title) sits behind a bot-verification page and crsreports.congress.gov returned HTTP 403, so the page could not be opened from this environment; the report text (Dec. 3, 2024 version) was read from…
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The Child Care and Development Block Grant: In Brief (CRS Report R47312), Karen E. Lynch, Specialist in Social Policy Congressional Research Service, Library of Congress · Updated December 3, 2024 (first issued November 18, 2022) · p. 10, “Criminal Background Checks” (footnote 66) |
| L16Verified · published investigation, not a government document |
A 2019 Boston Globe and ProPublica survey of 49 states, D.C. and Puerto Rico on five areas of the Child Abuse Prevention and Treatment Act found no state agency fully compliant; the reporters wrote that no state upholds all 27 provisions.
In fact, not a single state upholds all 27 provisions of the anti-child-abuse law.
A newsroom survey of five CAPTA areas (49 states, D.C., Puerto Rico), not a government audit. See M1.
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The federal government has one main law to prevent child abuse. No state follows all of it The Boston Globe and ProPublica · December 13, 2019 · Investigation; methodology published by ProPublica |
| L17Primary source differs · corrected |
HHS OIG audit of Louisiana nursing homes (A-06-21-02000, November 2023): at one nursing home a non-licensed employee provided patient care for almost 14 months before officials learned the employee’s background check was incomplete.
At another nursing home, a non-licensed direct-hired employee provided patient care for almost 14 months before nursing home officials became aware that the employee’s background check was incomplete—a fact that was discovered during a routine internal audit of employee records.
ATTRIBUTION ERROR: the 14-month case comes from a federal HHS-OIG audit of Louisiana (A-06-21-02000; audit period Oct. 1, 2019-June 30, 2021; 209 non-licensed employees at 9 nursing homes), not from the Louisiana Legislative Auditor. Full report PDF: oig.hhs.gov. The Louisiana Department of Health’s memo to…
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Louisiana Should Improve Its Oversight of Nursing Homes’ Compliance With Requirements That Prohibit Employment of Individuals With Disqualifying Background Checks (A-06-21-02000) U.S. Department of Health and Human Services, Office of Inspector General (Office of Audit Services) — NOT the Louisiana Legislative Auditor · Issued November 29, 2023 · Findings section (“Potential Limitations in Nursing Homes’ Background Check Searches and Adjudication Methods”), complete report PDF |
| L18Verified · primary source |
HHS OIG, OEI-07-09-00110 (March 2011), from its 2009 review of state requirements: 43 states, counting the District of Columbia, required nursing facilities to run an FBI or statewide criminal background check on covered prospective employees (10 required both; some others required an FBI check for people new to the state), and 8 states had no criminal background check requirement. Federal law separately requires a nurse aide registry inquiry for nurse aides (T9).
Ten States require an FBI criminal background check as well as a statewide check. Thirty-three States require a criminal background check in the State where the nursing facility is located. The remaining eight States do not have a background check requirement.
The report counts the District of Columbia as a state (footnote 8; Table 1 totals 51). Which employees must be checked varies by state. The figures are OIG’s own 2009 research, not a news report. Executive Summary: “Forty-three States required nursing facilities to conduct either an FBI or a statewide criminal…
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Nursing Facilities’ Employment of Individuals With Criminal Convictions (OEI-07-09-00110) U.S. Department of Health and Human Services, Office of Inspector General (Daniel R. Levinson, Inspector General) · March 2011 · Introduction, printed p. 3 (PDF p. 8), and Table 1 (source line: “OIG Internet research and phone calls to States, 2009”); Executive Summary, p. ii Archived copy |
| L19Verified · primary source |
The Child Protection Improvements Act (P.L. 115-141, division S, title I, March 23, 2018) requires the Attorney General to establish a program giving qualified organizations that care for children, older adults or people with disabilities access to national fingerprint checks, fully implemented within one year (by March 23, 2019). Use is voluntary. The fitness-criteria rule was proposed on August 25, 2023 (88 FR 58167) and, as checked on September 27, 2026, is not final: DOJ’s 2026 agenda lists the final action as “To Be Determined.”
The Attorney General shall establish a program, in accordance with this section, to provide qualified entities
Deadline: sec. 101(b), 132 Stat. 1126. Agenda: reginfo.gov RIN 1110-AA33, “Final Action To Be Determined”, legal deadline 03/23/2019. Time-sensitive: recheck before each rebuild. Separate from the National Background Check Program for long-term care workers (42 U.S.C. 1320a-7l).
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Public Law 115-141, Consolidated Appropriations Act, 2018 (March 23, 2018), division S, title I, Child Protection Improvements Act, 132 Stat. 1123 to 1126 GPO (govinfo) · March 23, 2018 · Div. S, title I, sec. 101(a)(1)(C), 132 Stat. 1124 (new 34 U.S.C. 40102(a)(3)(A)) Archived copy |
| L20Verified · primary source |
34 U.S.C. § 40102(f)(2)(A): the Attorney General “shall designate, and enter into an agreement with, one or more entities” to make the fitness determination from the FBI’s check results, and may not designate a federal agency.
The Attorney General shall designate, and enter into an agreement with, one or more entities to make determinations described in subparagraph (B).
Added by P.L. 115-141, sec. 101(a)(1)(G). The designated entity decides whether the person “has been convicted of, or is under pending indictment for, a crime that bears upon” fitness (40102(b)(4)), using criteria the Attorney General sets by rule ((f)(2)(C)); the requesting organization still makes its own decision.
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34 U.S.C. 40102 (Background checks), text of laws in effect on September 26, 2026, with the GPO 2024 edition (notes) Office of the Law Revision Counsel, U.S. House; GPO · read 2026-09-27 · 34 U.S.C. 40102(f)(2)(A), first and second sentences; (f)(2)(B) Archived copy |
| L21Verified · primary source |
When a child in foster care goes missing, the state agency must report it “immediately, and in no case later than 24 hours after receiving” the information, to law enforcement for entry into NCIC and to NCMEC (42 U.S.C. § 671(a)(35)(B)); required no later than September 29, 2016. Twenty-four hours is the outer limit, not a waiting period.
the State agency shall report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children or youth to the law enforcement authorities … and to the National Center for Missing and Exploited Children
Enacted by P.L. 113-183, sec. 104 (September 29, 2014); effective no later than September 29, 2016 (ACYF-CB-PI-15-07). A Title IV-E state plan requirement. The 2023 additions are S12.
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42 U.S.C. 671(a)(35)(B), text in effect September 26, 2026 Office of the Law Revision Counsel, U.S. House of Representatives · laws in effect on 2026-09-26 · 42 U.S.C. 671(a)(35)(B), opening clause Archived copy |
| L22Verified · primary source |
The 28 laws in T1 to T28 are FComply’s catalog of federal laws since 1965 on the care and protection of children, older adults and people with disabilities, and on background checks. It is a selection, not an official count. Several federal laws that do require checks are not in it, among them the Crime Control Act of 1990 (34 U.S.C. 20351), the Head Start staff check (42 U.S.C. 9843a(g)) and the national service check (42 U.S.C. 12645g).
shall assure that all existing and newly-hired employees undergo a criminal history background check.
No government body publishes a count of federal laws protecting these groups; 28 is FComply’s own selection. The Head Start check and the national service check were read in the same review (42 U.S.C. 9843a(g)(3)(A); 42 U.S.C. 12645g(a)).
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34 U.S.C. 20351, Requirement for background checks (Crime Control Act of 1990, Pub. L. 101-647, title II, section 231) Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov) · Text of laws in effect on September 26, 2026 (retrieved September 27, 2026) · 34 U.S.C. 20351(a)(1); source credit Pub. L. 101-647, title II, sec. 231, Nov. 29, 1990, 104 Stat. 4808 Archived copy |
| L23Verified · primary source |
Most of the 28 laws (T1 to T28) in FComply’s catalog require no background check. Many of them are civil rights, education, services and trafficking laws that do not address screening at all. Where a law in the catalog does require checks, it does so as a condition States must meet to receive federal funds. Read law by law, seven set such conditions: 1997 (a State could opt out until 2008), 2003, 2006, 2008 (only where a State offers kinship guardianship payments), the 2010 CAPTA law, 2014, and 2018 (a State may report alternative checks). Two require checks only inside voluntary long-term care programs (2003 and 2010), and the 1987 nursing home law requires a nurse aide registry inquiry before an aide starts work.
subparagraph (A) shall not apply to a State plan if the Governor of the State has notified the Secretary in writing that the State has elected to make subparagraph (A) inapplicable to the State
Each law’s own text is in its row, T1 to T28: 1997 (T13), 2003 (T17), 2006 (T19), 2008 (T20), 2010 CAPTA (T22), 2014 (T24), 2018 (T27); voluntary programs 2003 (T18) and 2010 (T21); the 1987 registry inquiry (T9).
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Public Law 105-89, Adoption and Safe Families Act of 1997, 111 Stat. 2115 Government Publishing Office (govinfo.gov), official Statutes at Large / Public Law text · November 19, 1997 · sec. 106, new SSA 471(a)(20)(A) and (B), 111 Stat. 2120 to 2121 Archived copy |
| L24Verified · primary source |
No law in FComply’s catalog makes continuous monitoring the rule. The closest is section 6201 of the 2010 Affordable Care Act: States that joined its voluntary long-term care program had to develop and test Rap Back, so that the State and then the employer learn when a checked employee is later convicted. Federal grant participation ended on May 31, 2024. Federal child care rules require a new check at least once every five years, and HHS encourages, but does not require, Rap Back.
require States to describe and test methods that reduce duplicative fingerprinting, including providing for the development of “rap back” capability by the State
The federal child care rule is 42 U.S.C. 9858f(d)(3)(B); HHS: “Although not a requirement, we encourage Lead Agencies to enroll child care staff members in rap back programs” (81 FR 67500). CMS let states keep running the program after the grants ended.
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Public Law 111-148, Patient Protection and Affordable Care Act (section 6201; Elder Justice Act, title VI, subtitle H), 124 Stat. 119 Government Publishing Office (govinfo.gov), official Statutes at Large / Public Law text · March 23, 2010 · sec. 6201(a)(3)(B), 124 Stat. 722 (42 U.S.C. 1320a-7l(a)(3)(B)) Archived copy |
| L25Verified · primary source |
Federal law requires checks before unsupervised work for some caregiving jobs: child care staff in licensed or federally funded care and Head Start staff, who may not be left alone with children until every check is back, and foster and adoptive parents, who are checked before approval. Nursing homes must search the nurse aide registry before an aide starts. For most school, nursing home and home health jobs, criminal checks come from state law, and the rules differ, including whether a new worker can start before the results arrive. In the most recent federal surveys, 46 states required checks for public school applicants (GAO, 2014), 43 for nursing facility staff (HHS OIG, 2011) and 41 for home health staff, 26 of which let new workers start while results were pending (HHS OIG, 2014).
Pending completion of all background check components in paragraph (b) of this section, the staff member must be supervised at all times
Other sources: 42 U.S.C. 671(a)(20)(A); 42 U.S.C. 1396r(b)(5)(C); GAO-14-42, printed p. 16; HHS OIG OEI-07-09-00110, p. ii; HHS OIG OEI-07-14-00131, p. 5; 42 CFR 483.12(a)(3).
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45 CFR 98.43, Criminal background checks (eCFR, up to date as of September 24, 2026) Office of the Federal Register and Government Publishing Office (eCFR) · Current as of September 24, 2026; section history: 81 FR 67584 (Sept. 30, 2016), as amended at 89 FR 15414 (Mar. 1, 2024) · 45 CFR 98.43(d)(4) (govinfo annual edition p. 559) Archived copy |
| L26Verified · primary source |
HHS OIG reported in November 2012 that there were no federal requirements specifying qualifications for Medicaid personal care services attendants; states were required to set their own qualifications or requirements, the most common being background checks.
Although there are no Federal requirements for PCS attendants, States are required to develop qualifications or requirements for attendants to ensure quality of care.
A 2012 report; state requirements vary. The page also says: “The most common requirements were background checks; training; supervision; minimum age; health status…; and education.”
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Personal Care Services: Trends, Vulnerabilities, and Recommendations for Improvement (OIG-12-12-01) Office of Inspector General, U.S. Department of Health and Human Services · November 2012 · Background, p. 1 (PDF p. 8); p. 4 (PDF p. 11) Archived copy |
| L27Verified · primary source |
No federal law requires every volunteer, or every youth sports coach, to be background checked. Federal law does mention volunteers. It lets states and qualified organizations request national checks on volunteers (34 U.S.C. 40102 and 40104) and lets CASA programs request FBI checks of prospective volunteers, whom federal CASA grants require programs to screen (34 U.S.C. 20323). It encourages federal child care facilities to check volunteers (34 U.S.C. 20351(e)). It requires amateur sports organizations in interstate competition to report abuse, limit one-on-one contact with minors, train adults and bar retaliation, but not to check them (36 U.S.C. 220530). Federal rules do require checks of volunteers in specific programs: child care covered by the Child Care and Development Block Grant, for volunteers with unsupervised access to children (42 U.S.C. 9858f; 45 CFR 98.43); Defense Department child and youth programs, where coaches are “specified volunteers” (32 CFR 86.3 and 86.6); Bureau of Indian Affairs and Indian Health Service programs and the tribal programs they fund, for positions with regular contact with Indian children (25 CFR 63.14; 42 CFR 136.403 and 136.406); Medicare hospices, for volunteers with direct patient contact or access to patient records (42 CFR 418.3 and 418.114(d)); federally funded runaway and homeless youth programs, for volunteers with regular and unsupervised private contact with youth (45 CFR 1351.23(j)); care providers for unaccompanied children in federal custody (45 CFR 411.16); and State Department high school exchange sponsors and host families (22 CFR 62.25). AmeriCorps members and stipended senior volunteers are checked under the national service law (42 U.S.C. 12645g; 45 CFR 2540.201). The list is of the laws and rules read, not a certified complete search. As of December 19, 2025, Little League counted 13 states with background check laws for volunteers in youth sports and other non-school activities; the laws differ in whom they cover.
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…
Little League’s count is its own compilation of state laws, not a statute.
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34 U.S.C. 40102, Background checks (National Child Protection Act of 1993, as amended) Office of the Law Revision Counsel, U.S. House of Representatives · laws in effect on 2026-09-26 · 34 U.S.C. 40102(a)(1) Archived copy |
| L28Verified · primary source |
A background check begins with the identity the applicant presents. For fingerprint checks, the ID step is what ties the prints to the named applicant: the FBI Compact Council wrote its voluntary identity verification guide after fingerprinting agencies raised concern that someone could pose as the applicant at the appointment, and the guide suggests accepting only current, valid photo ID. Some rules and agency instructions require an ID at that step (TSA’s rule for airport workers, 49 CFR 1542.209(e)(3); California’s and Texas’s instructions for the fingerprint appointment), and the federal child care and volunteer check law requires the applicant’s signed statement to carry the name, address and date of birth on a valid ID document (34 U.S.C. 40102(b)(1)(A)). No single federal rule requires an ID document to be checked for every employment or licensing check; in 2006 the Attorney General recommended national standards for verifying the identity of people being checked.
unless the covered individual first provides a set of fingerprints and completes and signs a statement that … contains the name, address, and date of birth appearing on a valid identification document
Compact Council, Identity Verification Program Guide (revised 2014), printed pp. 1 and 3; 34 U.S.C. 40316, Article V(a); 49 CFR 1542.209(e)(3); The Attorney General’s Report on Criminal History Background Checks (2006), printed p. 25.
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34 U.S.C. 40102, Background checks (National Child Protection Act of 1993, sec. 3, Pub. L. 103-209, 107 Stat. 2491, as amended by Pub. L. 105-251, sec. 222, 112 Stat. 1885, and Pub. L. 115-141) U.S. Code, 2024 edition (govinfo.gov, Government Publishing Office) · 2024 edition of the U.S. Code · 34 U.S.C. 40102(b)(1)(A), printed page 585 Archived copy |
| L29Verified · primary source |
Criminal records are connected: the FBI’s Interstate Identification Index links the criminal history files of the FBI, all 50 states and D.C. into one national system (34 U.S.C. 40316; 28 CFR 20.3(p)). What does not connect is the check itself. Federal rules say records received through that system “shall be used only for the purpose requested” and that a current record should be requested for a later use (28 CFR 20.33(d)). Each employer, agency and state usually runs its own check, and a result usually does not carry over to the next job. Where the FBI’s Rap Back service keeps watching, the watch belongs to the agency that set it up and must be removed when that relationship ends. A child care check does not carry into another state: the provider in the new state must request new searches, including of every state the worker lived in during the past five years. Child care is a partial exception within a state, where a recent result can move with the worker to a new provider, and Texas child care reuses an active Rap Back subscription instead of taking new fingerprints.
The Interstate Identification Index (III) is an index pointer system that ties computerized criminal history record files of the FBI and the centralized files maintained by each III participating state into a national system.
28 CFR 20.3(p) defines the Interstate Identification Index; 45 CFR 98.43(d)(3)(i)(B) covers in-state child care portability; Texas child care: new fingerprints are not required while an active Rap Back subscription exists.
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Interstate Identification Index (III) / National Fingerprint File (NFF), as of July 15, 2025 FBI Criminal Justice Information Services Division · as of July 15, 2025 · page 2, first paragraph Archived copy |
| L30Verified · primary source |
A new job or a new state can mean a new check. Federal rules say FBI records may be used only for the purpose they were requested for, and that ‘a current record should be requested when needed for a subsequent authorized use’ (28 CFR 50.12(b); 28 CFR 20.33(d)); the national Compact tells states to ‘require that subsequent record checks are requested to obtain current information whenever a new need arises’ (34 U.S.C. 40316, Article IV(c)(2)). The child care law lets a worker change jobs without a new check only inside the same state, only if the last check is under five years old, and only after a gap of 180 days or less (42 U.S.C. 9858f(d)(4); 45 CFR 98.43(d)(3)). Maine, Michigan and California tell applicants that fingerprints taken for another job or state cannot be reused. Who pays differs: sometimes the worker, sometimes the employer or the state. Some systems do carry a check over, for example New York for school employees fingerprinted by the State Education Department since 2001.
Records obtained under this authority may be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities.
42 U.S.C. 9858f(d)(4); 45 CFR 98.43(d)(3); 34 U.S.C. 40316, Article IV(c)(2); 28 CFR 20.33(d).
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28 CFR 50.12, Exchange of FBI identification records (Order No. 2258-99, 64 FR 52229, Sept. 28, 1999) Office of the Federal Register and GPO (eCFR) · eCFR up to date as of 2026-09-24 · 28 CFR 50.12(b) |
| L31Verified · primary source |
Federal law sets disqualifications in some programs: for staff of child care providers that receive Child Care and Development Block Grant funds (42 U.S.C. 9858f(c)(1)), for prospective foster or adoptive parents in placements for which Title IV-E payments are to be made (42 U.S.C. 671(a)(20)(A)(i) and (ii)), and for people employed or engaged by Medicare- or Medicaid-participating nursing facilities (42 CFR 483.12(a)(3)). Outside such programs, disqualifying rules come from state law and differ by state; states may also add disqualifications within them.
A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual-
671(a)(20)(A)(i): a felony conviction for child abuse or neglect, spousal abuse, a crime against children or a crime involving violence (not other physical assault or battery) bars final approval; (ii): a felony conviction for physical assault, battery or a drug-related offense, if the felony was committed within…
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42 U.S.C. 9858f, Criminal background checks (Child Care and Development Block Grant Act) Office of the Law Revision Counsel, U.S. House of Representatives · text of laws in effect on September 26, 2026 · 42 U.S.C. 9858f(c)(1) Archived copy |
| L32Verified · primary source |
Periodic rechecks in federal law: covered child care staff at least once every five years (42 U.S.C. 9858f(d)(3)(B); 45 CFR 98.43(d)(2)(ii)); Head Start employees, consultants and contractors at least once every five years, unless the program shows the responsible HHS official a more stringent system (45 CFR 1302.90(b)(5)); and Bureau of Indian Affairs employees with regular contact with or control over Indian children, reinvestigated every five years (25 CFR 63.18(b)). The federal laws reviewed for this register set no periodic recheck for Title IV-E foster and adoptive parents, nursing home aides or school staff generally.
not less than once during each 5-year period following the first submission date under this paragraph for that staff member
Head Start: “A program must conduct the complete background check for each employee, consultant, or contractor at least once every five years” (45 CFR 1302.90(b)(5)). BIA: “must be reinvestigated every five years” (25 CFR 63.18(b)); tribes may choose to adopt it. States may check more often; some use Rap Back.
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42 U.S.C. 9858f, Criminal background checks (Child Care and Development Block Grant Act, section 658H, as added by Pub. L. 113-186, section 7) Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov) · Text of laws in effect on September 26, 2026 (retrieved September 27, 2026) · 42 U.S.C. 9858f(d)(3)(B) (prospective staff; (d)(2)(B) is the same rule for staff hired before November 19, 2014) Archived copy |
| L33Verified · primary source |
FBI Rap Back participation: eleven state agencies, eleven federal agencies and ten other authorized entities were approved to participate in the FBI’s noncriminal justice Rap Back service (FBI, June 13, 2025). SEARCH reported on July 16, 2025 that ten states (Florida, Georgia, Hawaii, Maryland, Michigan, Missouri, Oklahoma, Tennessee, Texas and Utah) are enrolled in the FBI noncriminal justice Rap Back program, from its discussions with the FBI’s Rap Back team; that figure is not a share of the 32 states that answered SEARCH’s June 2025 survey.
Currently there are eleven state agencies, eleven federal agencies, and ten other authorized entities approved to participate in the NGI Noncriminal Justice Rap Back Service.
SEARCH, States Make Steady Progress Toward FBI Rap Back Implementation (July 16, 2025): Arizona, Oregon and California approved but not yet submitting; Virginia began July 1, 2025. Agencies approved (FBI) and states submitting (SEARCH) are different units.
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Privacy Impact Assessment for the Next Generation Identification (NGI) Rap Back Service Federal Bureau of Investigation · approved June 13, 2025 · printed p. 2 (PDF p. 3) Archived copy |
| L34Verified · primary source |
REAL ID: from May 7, 2025, federal agencies may not accept a driver’s license or identification card for official purposes, such as boarding a plane, unless it is REAL ID compliant; an agency may phase in enforcement, with full enforcement no later than May 5, 2027 (6 CFR 37.5(b) and (d)).
on or after May 7, 2025, Federal agencies shall not accept a driver’s license or identification card for official purposes from any individual unless such license or card is a REAL ID-compliant driver’s license or identification card
REAL ID governs federal acceptance of a card, not whether a state may issue one.
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6 CFR 37.5, Validity periods and deadlines for REAL ID driver’s licenses and identification cards eCFR, Office of the Federal Register and GPO · eCFR current to September 24, 2026; last amended 90 FR 3503 (January 14, 2025) · 6 CFR 37.5(b) and (d) |
| L35Verified · primary source |
Illinois (Biometric Information Privacy Act, 740 ILCS 14), Texas (Tex. Bus. & Com. Code § 503.001) and Washington (RCW 19.375) regulate biometric identifiers by statute. Colorado added biometric duties to its privacy act in 2024 (HB24-1130, effective July 1, 2025).
in the context of employment, a release executed by an employee as a condition of employment
Texas generally requires destruction of a biometric identifier “within a reasonable time, but not later than the first anniversary of the date the purpose for collecting the identifier expires.” Washington’s law excludes photographs and video and is enforced solely by the Attorney General. Colorado: reported in the…
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Biometric Information Privacy Act, 740 ILCS 14 Illinois General Assembly · P.A. 95-994, effective October 3, 2008; amended by P.A. 103-769, effective August 2, 2024 · 740 ILCS 14/10, definition of “written release” (fragment) |
| L36Verified · primary source |
E-Verify (then the Basic Pilot): the Basic Pilot Program Extension and Expansion Act of 2003 (P.L. 108-156, December 3, 2003) required the Secretary of Homeland Security to expand the program, authorized in 1996, “to all 50 States not later than December 1, 2004”. That is availability in every state, not use by every employer.
the Secretary of Homeland Security shall expand the operation of the program to all 50 States not later than December 1, 2004
Behind the E-Verify bar on How it would roll out (1996 law, all states 2004, 8 years).
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Public Law 108-156, Basic Pilot Program Extension and Expansion Act of 2003 U.S. Government Publishing Office (govinfo) · December 3, 2003 · Sec. 3(a), amending sec. 401(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 |
| L37Verified · primary source |
Electronic Visit Verification: 42 U.S.C. 1396b(l)(1), added by the 21st Century Cures Act (P.L. 114-255, sec. 12006(a), December 13, 2016), reduces the federal Medicaid match for personal care services furnished from January 1, 2020 (moved from 2019 by P.L. 115-222, July 30, 2018) and for home health care services from January 1, 2023, unless the state requires an electronic visit verification system.
furnished in a calendar quarter beginning on or after January 1, 2020 (or, in the case of home health care services, on or after January 1, 2023), unless a State requires the use of an electronic visit verification system
Behind the EVV bar on How it would roll out (Cures Act 2016, home health deadline 2023, 7 years). Good-faith exemptions were available to states.
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42 U.S.C. 1396b(l), Electronic visit verification system for personal care services and home health care services Office of the Law Revision Counsel, U.S. House of Representatives (uscode.house.gov) · text of laws in effect in September 2026 · 42 U.S.C. 1396b(l)(1); amendment notes (2016: Pub. L. 114-255, sec. 12006(a), added subsec. (l); 2018: Pub. L. 115-222, sec. 1(a), substituted January 1, 2020 for January 1, 2019) |
| L38Verified · primary source |
FBI Rap Back began in September 2014: the FBI announced full operational capability of its Next Generation Identification system on September 15, 2014, introducing the Rap Back service, which gives authorized entities ongoing notice of criminal history reported on people in positions of trust.
As part of NGI’s full operational capability, the NGI team is introducing two new services: Rap Back and the Interstate Photo System (IPS).
Behind the Rap Back bar on How it would roll out (about ten years, 10 states enrolled by July 2025). Who may subscribe is L9.
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FBI Announces Full Operational Capability of the Next Generation Identification System Federal Bureau of Investigation, Criminal Justice Information Services Division (press release) · September 15, 2014 · Paragraph 2 |