42 U.S.C. § 12645g
Criminal history checks
(a) In general
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) Requirements
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.); 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) Eligibility prohibition
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) Special rule for individuals working with vulnerable populations
(1) In general
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) Individuals with access to vulnerable populations
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) Exceptions
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.
( Pub. L. 101–610, title I, § 189D , as added and amended Pub. L. 111–13, title I , §§ 1612, 1614(a), Apr. 21, 2009 , 123 Stat. 1540 , 1541.)