Page:United States Statutes at Large Volume 107 Part 3.djvu/554

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107 STAT. 2492 PUBLIC LAW 103-209—DEC. 20, 1993 (A) cont£dns the name, address, and date of birth appearing on a valid identification document (as defined in section 1028 of title 18, United States Code) 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); (D) notifies the provider of the provider's rights under paragraph (2); and (E) notifies the provider that prior to the completion of the backgroimd check the qualified entity may choose to deny the provider imsupervised access to a child to whom the qualified entity provides child care; (2) that each provider who is the subject of a backgroimd check is entitled— (A) to obtain a copy of any backgroimd 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 an individual's fitness to have responsibility for the safety and well-being of children and shall convey that determination to the qualified entity; and (5) that any backgroimd check under subsection (a) and the results thereof shall be handled in accordance with the requirements of Public Law 92-544. (c) REGULATIONS.—(1) The Attorney General may by regulation prescribe such other measures as may be required to carry out the purposes of this Act, 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) LlABiLiTY.^ -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 £my agency, officer or employee thereof, be liable in an action for damages for the failure of a qualified entity to take action adverse to a provider who was the subject of a background check. (e) FEES.—In the case of a bacl^oimd check pursuant to a State requirement adopted after the date of the enactment of this Act conducted with fingerprints on a person who volunteers with a qualified entity, the fees collected by authorized State agencies