Government data searches are becoming a necessary part of the screening process, especially in heavily regulated industries. However, it is important to understand how these searches work and the potential implications for your business.
What is a Government Data Search?
Government Data Searches are specialized searches of domestic, international, government, law enforcement, and regulatory databases that store information on individuals who are on a criminal list or prohibited in certain industries such as finance and healthcare. These searches can include specific datasets or exclusion lists and may be reported wholly or individually.
Why Perform Government Data Searches?
Government data searches are often used to vet potential employees or business partners, screen for criminal activity, or identify individuals who may be prohibited from working in certain industries.
How can I Protect my Business Using Government Data Searches?
Checking government sanctions and exclusion lists allows businesses to comply with federal regulations in many sectors.
- It helps uncover any federal sanctions that have been imposed against potential and/or current workers.
- Screening against terrorist watch lists is essential for companies that deal with sensitive information, hazardous materials, or any other asset that might endanger the health and safety of company staff or the general public if stolen.
- Government agencies increasingly require that companies conducting business with them certify that they have searched relevant government sanctions and exclusion lists.
Examples of Components on Government Data Searches
Adult Abuse
The Adult Abuse Search is a publicly available list of individuals who have been charged with actions against an adult within that state. Not all states allow access to this information. The states that do allow may require specific guidelines and/or special forms to be obtained before disseminating any information.
Child Abuse Registry
The Child Abuse Registry search is a search of publicly available list of individuals who have been charged with actions against a child within that state. Not all states allow access to this information. The states that do allow may require specific guidelines and/or special forms to be obtained before disseminating any information.
Texas EMR / DADS / NAP
The Employee Misconduct Registry (EMR) and Employability Status Check contain the following sources. Texas Nurse Aide Registry (NAR), Texas Medication Aide Registry, and the Texas Employee Misconduct Registry. The search is conducted through the Texas Department of Aging and Disability (DADS). The search will check for any adult misconduct identified by DADS and any Nurse Aide or Medication Aide registration status.
Department of Health and Human Services
The Department of Health and Human Services (DHHS) list will vary by state. The DHHS may have authority over various health and human service licensing and registration occupations. Each state, where available, will be compiled from different sources and professions in which they manage—specifics of information and availability TBD based upon states needed.
United States Department of State Terrorist Exclusion
The United States Department of State Terrorist Exclusion List (TEL) is a single comprehensive list of individuals and firms identified under Section 411 of the USA Patriot Act of 2001. The Attorney General has designated organizations and individuals as terrorist organizations for immigration purposes.
Bureau of Industry and Security
The Bureau of Industry and Security – Entity List (BIS – Entity List) is a single comprehensive list of entities subject to license requirements for specified items under part 744 and 746 of the Export Administration Regulations (EAR). License requirements for these entities include exports, reexports, and transfers (in-country) unless otherwise stated.
Federal Reserve Board of Governors
The Federal Reserve Board of Governors (FBR) is a single comprehensive list of individuals and firms, including but not limited to member banks, holding companies, Edge Act and agreement corporations, foreign banking organizations, Officers, directors, employees, and certain other individuals or entities associated with any of the above, where formal enforcement actions were taken. Formal enforcement actions include cease and desist orders, written agreements, prompt corrective action directors, removal and prohibition orders, and orders assessing civil money penalties.
Federal Trade Commission Banned Debt Collectors
The Federal Trade Commission Banned Debt Collections (FTC) is a single comprehensive list of individuals and firms banned, by federal court orders, from participating in the business of debt collection. Available information may include information about the lawsuit resulting from the ban, including press releases and legal complaints. The information might also list the federal court order that permanently prohibits the person or company from participating in the debt collection business.
Consumer Financial Protection Bureau
The Consumer Financial Protection Bureau (CFPB) is a single comprehensive list of enforcement actions taken by the CFPB against individuals and companies. The Bureau may enforce laws by filing an action in federal court or initiating an administrative adjudication proceeding.
United Nations Security Council Consolidated List
The United Nations Security Council Consolidated List (UNSCS) is a single comprehensive list of individuals and entities subject to measures imposed by the UN Security Council. Including all names on one Consolidated List facilitates the implementation of the measures and neither implies that all names are listed under one regime nor that the criteria for listing specific names are the same. For each instance where the Security Council has decided to impose measures in response to a threat, a Security Council Committee manages the sanctions regime. Therefore, each sanctions committee established by the United Nations Security Council publishes the names of individuals and entities listed in relation to that committee and information concerning the specific measures that apply to each listed name.
European Union Restrictive Measuring List
The European Union Restrictive Measuring List (EUL) is a single comprehensive list of individuals and firms excluded by European Regulation Article (2)(3) on Regulation (EC) No. 2580/2001 on specific Restrictive Measures Directed Against Certain Persons and Entities with a view of combating terrorism.
Office of Inspector General List of Excluded Individuals/Entities
The List of Excluded Individuals/Entities (LEIE) is a database of individuals and entities that are not allowed to receive payment by specified federal healthcare programs (including but not limited to Medicare and Medicaid). The basis for an individual or entity to be included in the LEIE list include but are not limited to: program-related fraud, patient abuse, some licensing board actions, default on Health Education Assistance loans. The LEIE is maintained by the US Department of Health and Human Services (HHS), Office of Inspector General (OIG).
General Services Administration Excluded Parties List
The Excluded Parties List System (EPLS) is a single comprehensive list of individuals and firms excluded by federal government agencies from receiving federal contracts or federally approved subcontracts, and from certain types of federal financial and non-financial assistance benefits. The EPLS is maintained by the System for Award Management (SAM) site of the federal government.
Office of Foreign Asset Control, Specialty Designated Nationals List
The OFAC service searches the Specially Designated Nationals (SDN) List, maintained by the United States Department of Treasury, Office of Foreign Assets Control (OFAC). The SDN List includes individuals and companies owned, controlled by, or acting for or on behalf of targeted countries. It also lists individuals, groups, and entities such as terrorists and narcotics traffickers designated under programs that are not country-specific. Individuals and companies included on the SDN list have had their assets blocked and US persons are generally prohibited from employing or doing business with them.
How the Right Background Screening Partner can Help
Orange Tree provides individual and combined exclusion list checks for various positions and industries. We can help ensure that your hiring practices are compliant with federal and regulatory requirements with our full range of exclusion list servicers.
Want to learn more about how our team can be of service to your organization? Schedule a call today.
