§ 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) 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 1 See References in Text note below. and
  • (2)
    • (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 .
• (d)
  • (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.