I
106TH CONGRESS
1ST SESSION
H. R. 1984
To prevent the abuse of elderly people.
IN THE HOUSE OF REPRESENTATIVES
MAY 27, 1999
Mr. CROWLEY (for himself, Ms. SLAUGHTER, Mrs. CLAYTON, Ms. KIL-
PATRICK, Ms. EDDIE BERNICE JOHNSON of Texas, and Mr. BENTSEN)
introduced the following bill; which was referred to the Committee on
Education and the Workforce, and in addition to the Committees on the
Judiciary, Banking and Financial Services, Ways and Means, Commerce,
and Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To prevent the abuse of elderly people.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Elderly Protection
Act’’.
TITLE I—FEDERAL PROHIBITION
OF VIOLENCE AGAINST THE
ELDERLY AND ADDITIONAL
ASSISTANCE FOR PROGRAMS
TO COMBAT THAT VIOLENCE
SEC. 101. FEDERAL PROHIBTION OF VIOLENCE AGAINST
THE ELDERLY.
(a) IN GENERAL.—Title 18, United States Code, is
amended by inserting after chapter 27 the following new
chapter:
‘‘‘‘CHAPTER 28—ELDER ABUSE
‘‘Sec.
‘‘571. Elder abuse.
‘‘§ 571. Elder abuse
‘‘(a) Whoever, in a circumstance described in sub-
section (b), willfully, because of a senior’s age, causes bod-
ily or psychological injury to that senior, or attempts to
cause bodily injury to that senior shall be punished as pro-
vided in subsection (c).
‘‘(b) The circumstances referred to in subsection (a)
are any of the following:
‘‘(1) The defendant or the victim are travelling
in interstate or foreign commerce at the time of the
offense or in connection with the offense.
‘‘(2) The defendant or the victim use an instru-
mentality of interstate or foreign commerce at the
time of the offense or in connection with the offense.
‘‘(3) The offense is in or affect interstate or
foreign commerce.
‘‘(c) A person who violates subsection (a) shall be
fined under this title or imprisoned not more than 10
years, or both, except that if death results from the of-
fense, or the victim of the offense was kidnapped or sub-
jected to an actual or attempted act that would constitute
aggravated sexual abuse as defined in section 2241 had
that act occurred in a Federal prison, the maximum term
of imprisonment is any term or years of for life.
‘‘(d) In this section, the term ‘senior’ means a person
who has attained the age of 62 years.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part I of title 18, United States Code, is amended by
adding after the item relating to chapter 27 the following
new item:
‘‘28. Elder abuse .................................................................................
571’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to any other authorization of appropriations for this
purpose, there are authorized to be appropriated such
sums as may be necessary for additional personnel and
other resources for the enforcement of section 571 of title
18, United States Code.
TITLE II—DOMESTIC VIOLENCE
PREVENTION
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
The budget authority under section 5(c) of the
United States Housing Act of 1937 for assistance under
subsections (b) and (o) of section 8 of such Act is author-
ized to be increased by $50,000,000 on or after October
1, 1998, and by such sums as may be necessary on or
after October 1, 1999.
SEC. 202. USE OF AMOUNTS FOR HOUSING ASSISTANCE
FOR VICTIMS OF DOMESTIC VIOLENCE.
Amounts available pursuant to section 201 shall be
made available by the Secretary of Housing and Urban
Development only to public housing agencies and qualified
nonprofit organizations only for use for providing tenant-
based rental assistance on behalf of families victimized by
domestic violence who have left or are leaving a residence
as a result of the domestic violence.
SEC. 203. TRANSITIONAL COMPENSATION.
Section 1059 of title 10, United States Code, is
amended—
(1) in subsection (e)(1)(A), by inserting ‘‘that
includes dependent-abuse as an underlying or prin-
cipal factor’’ after ‘‘for a dependent-abuse offense’’;
(2) in subsection (e)(1)(B), by inserting ‘‘un-
derlying, partial, or principal’’ before ‘‘basis’’; and
(3) in subsection (g)(2), by striking ‘‘the Sec-
retary may not resume such payments’’ and insert-
ing ‘‘the Secretary may resume such payments if the
Secretary determines that there was ongoing abuse.
Any such determination as to such a resumption of
payments shall be reviewed by the Secretary on a
case-by-case basis.’’.
SEC. 204. HEALTH BENEFITS.
Paragraph (1) of section 1076(e) of title 10, United
States Code, is amended to read as follows:
‘‘(1) The administering Secretary shall furnish
an abused dependent of a former member of a uni-
formed service described in paragraph (4), during
that period that the abused dependent is in receipt
of transitional compensation under section 1059 of
this title, with medical and dental care, including
mental health services, in facilities of the uniformed
services in accordance with the same eligibility and
benefits as were applicable for that abused depend-
ent during the period of active service of the former
member.’’.
SEC. 205. DOMESTIC VIOLENCE SHELTERS AND PROGRAMS
FOR OLDER INDIVIDUALS.
Section 422(b) of the Older Americans Act of 1965
(42 U.S.C. 3035a(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(11);
(2) by striking the period at the end of para-
graph (12) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(13) expand access to domestic violence shel-
ters and programs for older individuals and encour-
age the use of senior housing, nursing homes, or
other suitable facilities or services when appropriate
as emergency short-term shelters or measures for
older individuals who are the victims of elder abuse,
including domestic violence, and sexual assault,
against older individuals; and
‘‘(14) promote research on legal, organizational,
or training impediments to providing services to
older individuals through shelters, such as impedi-
ments to provision of the services in coordination
with delivery of health care or senior services.’’.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) OMBUDSMAN PROGRAM.—Section 702(a) of the
Older Americans Act of 1965 (42 U.S.C. 3058a(a)) is
amended to read as follows:
‘‘(a) OMBUDSMAN PROGRAM.—There are authorized
to be appropriated to carry out chapter 2 such sums as
may be necessary without fiscal year limitation.’’.
(b) ELDER ABUSE PREVENTION PROGRAM.—Section
702(b) of the Older Americans Act of 1965 (42 U.S.C.
3058a(b)) is amended to read as follows:
‘‘(b) PREVENTION OF ELDER ABUSE, NEGLECT, AND
EXPLOITATION.—There are authorized to be appropriated
to carry out chapter 3 such sums as may be necessary
without fiscal year limitation.’’.
SEC. 207. COMMUNITY INITIATIVES AND OUTREACH.
Title VII of the Older Americans Act of 1965 (42
U.S.C. 3058 et seq.) is amended—
(1) by redesignating subtitle C as subtitle D;
(2) by redesignating sections 761 through 764
as sections 771 through 774, respectively; and
(3) by inserting after subtitle B the following:
‘‘Subtitle C—Community Initiatives
and Outreach
‘‘SEC. 761. COMMUNITY INITIATIVES TO COMBAT ELDER
ABUSE, NEGLECT, AND EXPLOITATION.
‘‘The Secretary shall make grants to nonprofit pri-
vate organizations to support projects in local commu-
nities, involving diverse sectors of each community, to co-
ordinate activities concerning intervention in and preven-
tion of elder abuse, neglect, and exploitation, including do-
mestic violence, and sexual assault, against older individ-
uals.
‘‘SEC. 762. OUTREACH TO OLDER INDIVIDUALS.
‘‘The Secretary shall make grants to develop and im-
plement outreach programs directed toward assisting older
individuals who are victims of elder abuse, neglect, and
exploitation (including domestic violence, and sexual as-
sault, against older individuals), including programs di-
rected toward assisting the individuals in senior housing
complexes and senior centers.
‘‘SEC. 763. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this subtitle such sums as may be necessary without fiscal
year limitation.’’.
SEC. 208. ESTABLISHMENT, FOR CERTAIN HEALTH PROFES-
SIONS PROGRAMS, OF PROVISIONS REGARD-
ING IDENTIFICATION AND REFERRAL FOR
ELDER ABUSE AND NEGLECT.
(a) TITLE VII PROGRAMS; PREFERENCES IN FINAN-
CIAL AWARDS.—Section 791 of the Public Health Service
Act (42 U.S.C. 295j) as amended in title VIII of this Act,
is amended by redesignating subsection (d) as subsection
(e) and by inserting after subsection (c) the following sub-
section:
‘‘(d) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION
AND REFERRAL
OF VICTIMS
OF ELDER
ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training (such as training conducted in ac-
cordance with curricula or programs authorized
under section 411(f) of the Older Americans Act of
1965 (42 U.S.C. 3031(f))), in carrying out the fol-
lowing functions as a provider of health care:
‘‘(A) Identifying victims of elder abuse and
neglect, including domestic violence, and sexual
assault, against older individuals, and maintain-
ing complete medical records that include docu-
mentation of the examination, treatment given,
and referrals made, and recording the location
and nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of elder abuse and ne-
glect.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of medicine, a school of osteo-
pathic medicine, a graduate program in mental
health practice, a school of nursing (as defined in
section 298b), a program for the training of physi-
cian assistants, or a program for the training of al-
lied health professionals.
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Elder
Abuse Identification and Referral Act of 1998, the
Secretary shall submit to the Committee on Com-
merce of the House of Representatives, and the
Committee on Labor and Human Resources of the
Senate, a report specifying—
‘‘(A) the health professions entities that
are receiving preference under paragraph (1);
‘‘(B) the number of hours of training re-
quired by the entities for purposes of such
paragraph;
‘‘(C) the extent of clinical experience so re-
quired; and
‘‘(D) the types of courses through which
the training is being provided.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) IN
GENERAL.—The terms ‘abuse’,
‘neglect’, ‘domestic violence’, and ‘older indi-
vidual’ have the meanings given the terms in
section 102 of the Older Americans Act of 1965
(42 U.S.C. 3002).
‘‘(B) ELDER ABUSE AND NEGLECT.—The
term ‘elder abuse and neglect’ means abuse and
neglect of an older individual.
‘‘(C) SEXUAL ASSAULT.—The term ‘sexual
assault’ has the meaning given the term in sec-
tion 2003 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg–
2).’’.
(b) TITLE VIII PROGRAMS; PREFERENCES IN FI-
NANCIAL AWARDS.—Section 860 of the Public Health
Service Act (42 U.S.C. 298b–7) as amended by title VIII
of this Act is amended by adding at the end the following:
‘‘(g) PREFERENCES REGARDING TRAINING IN IDEN-
TIFICATION
AND REFERRAL
OF VICTIMS
OF ELDER
ABUSE AND NEGLECT.—
‘‘(1) IN GENERAL.—In the case of a health pro-
fessions entity specified in paragraph (2), the Sec-
retary shall, in making awards of grants or contracts
under this title, give preference to any such entity
(if otherwise a qualified applicant for the award in-
volved) that has in effect the requirement that, as a
condition of receiving a degree or certificate (as ap-
plicable) from the entity, each student have had sig-
nificant training (such as training conducted in ac-
cordance with curricula or programs authorized
under section 411(g) of the Older Americans Act of
1965 (42 U.S.C. 3031(f))), in carrying out the fol-
lowing functions as a provider of health care:
‘‘(A) Identifying victims of elder abuse and
neglect, including domestic violence, and sexual
assault, against older individuals, and maintain-
ing complete medical records that include docu-
mentation of the examination, treatment given,
and referrals made, and recording the location
and nature of the victim’s injuries.
‘‘(B) Examining and treating such victims,
within the scope of the health professional’s dis-
cipline, training, and practice, including, at a
minimum, providing medical advice regarding
the dynamics and nature of elder abuse and ne-
glect.
‘‘(C) Referring the victims to public and
nonprofit private entities that provide services
for such victims.
‘‘(2) RELEVANT HEALTH PROFESSIONS ENTI-
TIES.—For purposes of paragraph (1), a health pro-
fessions entity specified in this paragraph is any en-
tity that is a school of nursing or other public or
nonprofit private entity that is eligible to receive an
award described in such paragraph.
‘‘(3) REPORT TO CONGRESS.—Not later than 2
years after the date of the enactment of the Elder
Abuse Identification and Referral Act of 1998, the
Secretary shall submit to the Committee on Com-
merce of the House of Representatives, and the
Committee on Labor and Human Resources of the
Senate, a report specifying—
‘‘(A) the health professions entities that
are receiving preference under paragraph (1);
‘‘(B) the number of hours of training re-
quired by the entities for purposes of such
paragraph;
‘‘(C) the extent of clinical experience so re-
quired; and
‘‘(D) the types of courses through which
the training is being provided.’’.
(c) CONFORMING AMENDMENT.—Section 411(f) of
the Older Americans Act of 1965 (as added by section
605–4) is amended by adding at the end the following:
‘‘(3) In carrying out paragraph (1), the Secretary
shall provide information about the curricula and training
programs to entities described in sections 791(d)(2) and
860(f)(2) of the Public Health Service Act (42 U.S.C.
295j(c)(2) and 298b–7(f)(2)) that seek grants or con-
tracts under title VII or VIII of such Act.’’.
TITLE III—ELDERLY AND
DISABLED PROTECTION
SEC. 301. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Elderly and Disabled Protection Act of 1999’’.
(b) TABLE OF CONTENTS.—The table of contents of
this title is as follows:
Sec. 301. Short title; table of contents.
Sec. 302. Requiring background checks for direct care employees in nursing fa-
cilities, home health agencies, and hospice programs.
Sec. 303. Expanded role of State direct care employee registries; national reg-
istry coordination system; procedures for background checks.
Sec. 304. Definitions.
SEC. 302. REQUIRING BACKGROUND CHECKS FOR DIRECT
CARE EMPLOYEES IN NURSING FACILITIES,
HOME HEALTH AGENCIES, AND HOSPICE
PROGRAMS.
(a) REQUIREMENTS.—
(1) IN
GENERAL.—A covered facility in a
State—
(A) may not employ (directly or through
an agency) any individual as a direct care em-
ployee unless the facility has requested from the
State direct care employee registry a back-
ground check;
(B) may not employ such an individual or
continue such employment if the report on such
background check reveals that the individual
has been convicted of a disqualifying crime; and
(C) shall report to such registry docu-
mented findings of patient abuse by a direct
care employee.
(2) EMPLOYMENT PENDING REPORT.—Nothing
in this subsection shall be construed as preventing a
covered facility from—
(A) seeking a background check on pro-
spective direct care employees before they are
employed; or
(B) employing direct care employees dur-
ing the period in which a background check has
been sought under paragraph (1)(A) and before
a report on such check has been provided to the
facility under paragraph (1)(B).
(b) PENALTIES.—In addition to any other sanctions
provided under law—
(1) IN GENERAL.—A covered facility that vio-
lates subsection (a)(1)(A) shall be subject to a civil
penalty in an amount not to exceed—
(A) for the first such violation, $2,000;
and
(B) for the second and each subsequent
violation within any 5-year period, $5,000.
(2) KNOWING RETENTION OF WORKER.—In ad-
dition to any civil penalty under paragraph (1), a
covered facility that—
(A) knowingly continues to employ a direct
care 
employee 
in 
violation 
of 
subsection
(a)(1)(B); or
(B) knowingly fails to submit a report re-
quired under subsection (a)(1)(C);
shall be subject to a civil penalty in an amount not
to exceed $5,000 for the first such violation, and
$10,000 for the second and each subsequent viola-
tion within any 5-year period.
(c) ENFORCEMENT THROUGH MEDICARE AND MED-
ICAID PROGRAMS.—
(1) NURSING FACILITIES.—
(A) 
MEDICARE
PROGRAM.—Section
1819(b) of the Social Security Act (42 U.S.C.
1395i–3(b)) is amended by adding at the end
the following new paragraph:
‘‘(8) REQUIREMENT FOR BACKGROUND CHECKS
FOR DIRECT CARE PERSONNEL.—A skilled nursing
facility shall comply with the requirements of section
2(a) of the Elderly and Disabled Protection Act of
1998 with respect to any direct care employee it em-
ploys.’’.
(B) 
MEDICAID
PROGRAM.—Section
1919(b) of such Act (42 U.S.C. 1396r(b)) is
amended by adding at the end the following
new paragraph:
‘‘(8) REQUIREMENT FOR BACKGROUND CHECKS
FOR DIRECT CARE PERSONNEL.—A nursing facility
shall comply with the requirements of section 2(a) of
the Elderly and Disabled Protection Act of 1998
with respect to any direct care employee it em-
ploys.’’.
(2) HOME
HEALTH
AGENCIES
AND
HOSPICE
PROGRAMS.—
(A) MEDICARE PROGRAM.—
(i) HOME
HEALTH
AGENCIES.—Sec-
tion 1891(a) of such Act (42 U.S.C.
1395bbb(a)) is amended by adding at the
end the following:
‘‘(7) The agency complies with the requirements
of section 2(a) of the Elderly and Disabled Protec-
tion Act of 1998 with respect to any direct care em-
ployee it employs.’’.
(ii) 
HOSPICE
PROGRAMS.—Section
1861(dd)(2)(G) of such Act (42 U.S.C.
1395x(dd)(2)(G)) is amended by inserting
before the period at the end the following:
‘‘, including compliance with the require-
ments of section 2(a) of the Elderly and
Disabled Protection Act of 1998 with re-
spect to any direct care employee it em-
ploys’’.
(B) 
MEDICAID
PROGRAM.—Section
1902(a)(57) 
of 
such 
Act 
(42 
U.S.C.
1396a(a)(57)) is amended—
(i) by inserting ‘‘(A)’’ after ‘‘(57)’’;
and
(ii) by adding at the end the fol-
lowing:
‘‘(B) provide that each provider of home health
care or personal care services and each hospice pro-
gram receiving funds under the plan shall comply
with the requirements of section 2(a) of the Elderly
and Disabled Protection Act of 1998 with respect to
any direct care employee it employs;’’.
(d) EFFECTIVE DATES.—The requirements of sub-
section (a) shall apply with respect to a covered facility—
(1) beginning as of such date (specified by the
Secretary and not later than 60 days after the date
the Secretary has established the national registry
coordination system under section 3(b)), with re-
spect to the hiring of individuals as a direct care em-
ployee by the facility on and after such date; and
(2) as of 1 year after the date described in
paragraph (1), with respect to individuals first em-
ployed as such an employee before the date de-
scribed in such paragraph.
SEC. 303. EXPANDED ROLE OF STATE DIRECT CARE EM-
PLOYEE REGISTRIES; NATIONAL REGISTRY
COORDINATION SYSTEM; PROCEDURES FOR
BACKGROUND CHECKS.
(a) EXPANDED ROLE OF REGISTRY.—
(1) IN GENERAL.—Each State shall expand its
direct care employee registry established under sec-
tions 1819(e)(2) and 1919(e)(2) of the Social Secu-
rity Act to carry out the following functions:
(A) RECEIPT OF REQUESTS.—The registry
shall provide for the receipt of requests for
background checks described in section 2(a)(1).
(B) 
CONDUCT
OF
BACKGROUND
CHECKS.—Upon receipt of such a request with
respect to an individual, the registry, in coordi-
nation with the national registry coordination
system established by the Secretary under sub-
section (b) and in accordance with this section,
shall provide for the performance of (or the col-
lection of information concerning) a background
check (including a criminal background check
and an abusive work history background check)
requested under section 2(a) and for the sub-
mittal of a background check report (as defined
in paragraph (2)) on such check to the request-
ing facility.
(C) PROVISION OF INFORMATION TO NA-
TIONAL
REGISTRY
COORDINATION
SYSTEM.—
The registry shall provide for the reporting to
the national registry coordination system of—
(i) a criminal background check sum-
mary (as defined in paragraph (3)) on any
individual on whom it obtains a criminal
background check under subsection (c)(3);
and
(ii) the identity of any individual for
whom the registry has documented find-
ings of patient abuse and such additional
information as the State registry involved
may disclose concerning such findings.
(2) BACKGROUND CHECK REPORT DEFINED.—
For purposes of this section, the term ‘‘background
check report’’ means, with respect to a background
check concerning an individual, a statement con-
taining the following:
(A) Whether the individual has been con-
victed of a disqualifying crime.
(B) Whether there are documented find-
ings of patient abuse by the individual in a
State direct care employee registry and, if so,
such additional information as the State reg-
istry involved may disclose concerning such
findings.
Such report shall not include information from the
criminal background check other than the informa-
tion described in subparagraph (A).
(3) CRIMINAL BACKGROUND CHECK SUMMARY
DEFINED.—For purposes of this section, the term
‘‘criminal background check summary’’ means, with
respect to a criminal background check concerning
an individual, the following information:
(A) The identity of the individual.
(B) The date of the criminal background
check.
(C) Whether the check revealed that—
(i) the individual had not been con-
victed of any crime,
(ii) the individual has been convicted
of a national disqualifying crime, or
(iii) the individual has been convicted
of a crime that is not a national disquali-
fying crime.
(4) CONFORMING
MEDICARE
AND
MEDICAID
AMENDMENTS.—Sections 1819(e)(2) and 1919(e)(2)
of the Social Security Act (42 U.S.C. 1395i–3(e)(2),
1396r(e)(2)) are each amended—
(A) in subparagraph (C), by striking ‘‘A
State’’ and inserting ‘‘Subject to section 3(e) of
the Elderly and Disabled Protection Act of
1998, a State’’, and
(B) by adding at the end the following new
subparagraph:
‘‘(D) EXPANDED
FUNCTIONS.—Effective
not later than 90 days after the date of the es-
tablishment of the national registry coordina-
tion system under section 3(b) of the Elderly
and Disabled Protection Act of 1998, the State
shall—
‘‘(i) modify the operations of its reg-
istry so it performs the functions required
under section 3(a) of such Act; and
‘‘(ii) provide for the specification of a
State agency that is separate from the reg-
istry and that will be responsible for the
performance of criminal background checks
under such section.’’.
(b) NATIONAL REGISTRY COORDINATION SYSTEM.—
(1) ESTABLISHMENT.—The Secretary shall es-
tablish methods by which State direct care registries
can pool and share information regarding individuals
concerning criminal background check summaries
and the existence of documented findings of patient
abuse.
(2) DEADLINE FOR ESTABLISHING SYSTEM.—
The Secretary shall provide for the establishment of
the national registry coordination system by not
later than 1 year after the date of the enactment of
this Act.
(3) CONSULTATION
WITH
FBI
ON
CRIMINAL
BACKGROUND
CHECKS.—In carrying out this Act
with respect to criminal background checks, the Sec-
retary shall consult with the Director of the Federal
Bureau of Investigation.
(c) PROCEDURES
FOR
CRIMINAL
BACKGROUND
CHECKS.—A registry shall carry out its responsibilities
under subsection (a)(1)(B), in relation to a criminal back-
ground check with respect to an individual, in a manner
consistent with the following:
(1) DETERMINATION
OF
WHETHER
RECENT
CRIMINAL
BACKGROUND
CHECK
DONE.—The reg-
istry shall determine whether the registry (or,
through the national registry coordination system,
the direct care employee registry of another State)
has obtained a criminal background check on the in-
dividual within the previous year.
(2) USE OF PREVIOUS BACKGROUND CHECK.—
If there has been such a check done within such pe-
riod, if the check revealed that—
(A) the individual had not been convicted
of any crime, the registry need not request a
new criminal background check and may as-
sume that the individual has not been convicted
of any disqualifying crime;
(B) the individual has been convicted of a
national or state disqualifying crime, the reg-
istry need not request a new criminal back-
ground check and shall treat the individual as
having been convicted of a disqualifying crime;
or
(C) the individual has been convicted of a
crime that is not a national or state disquali-
fying crime and the State has disqualifying
crimes that are other than national disquali-
fying crimes, the registry shall request a crimi-
nal background check as provided under para-
graph (3).
(3) 
REQUESTING
STATE
CRIMINAL
BACK-
GROUND
CHECK
AGENCY
TO
OBTAIN
CRIMINAL
BACKGROUND CHECK.—If there has not been such a
check done within such period or in the case de-
scribed in paragraph (2)(C), the registry shall re-
quest the State criminal background check agency of
the State—