§ 12645g — Criminal History Checks

(a) Each entity selecting individuals to serve in a position in which the individuals receive a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws, shall, subject to regulations and requirements established by the Corporation, conduct criminal history checks for such individuals. (b) A criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include— (1) and (A) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; or (B) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. (c) An individual shall be ineligible to serve in a position described under subsection (a) if such individual— (1) refuses to consent to the criminal history check described in subsection (b); (2) makes a false statement in connection with such criminal history check; (3) is registered, or is required to be registered, on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 or (4) has been convicted of murder, as described in section 1111 of title 18. (1) Notwithstanding subsection (b), on and after the date that is 2 years after April 21, 2009, a criminal history check under subsection (a) for each individual described in paragraph (2) shall, except for an entity described in paragraph (3), include— (A) a name-based search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 (B) a search of the State criminal registry or repository in the State in which the program is operating and the State in which the individual resides at the time of application; and (C) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. (2) An individual described in this paragraph is an individual age 18 or older who— (A) serves in a position in which the individual receives a living allowance, stipend, national service educational award, or salary through a program receiving assistance under the national service laws; and (B) as a result of such individual’s service in such position, has or will have access, on a recurring basis, to— (i) children age 17 years or younger; (ii) individuals age 60 years or older; or (iii) individuals with disabilities. (3) The provisions of this subsection shall not apply to an entity— (A) where the service provided by individuals serving with the entity to a vulnerable population described in paragraph (2)(B) is episodic in nature or for a 1-day period; (B) where the cost to the entity of complying with this subsection is prohibitive; (C) where the entity is not authorized, or is otherwise unable, under State law, to access the national criminal history background check system of the Federal Bureau of Investigation; (D) where the entity is not authorized, or is otherwise unable, under Federal law, to access the national criminal history background check system of the Federal Bureau of Investigation; or (E) to which the Corporation otherwise provides an exemption from this subsection for good cause.