42 U.S.C. § 12645g — Criminal history checks
submitted 17 years ago by Pub. L. 101-610 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 608 words · no verdicts yet
Entities selecting paid or stipend-supported national-service people must conduct criminal-history checks under Corporation rules. The section lists required searches, disqualifying conduct, enhanced checks for recurring access to vulnerable people, and exceptions.
(a) Each entity selecting a person for a position funded through a national-service program by a living allowance, stipend, education award, or salary must conduct a criminal-history check, subject to Corporation* regulations and requirements. (b) Unless the Corporation approves good cause, the check must include (1) a name search of the National Sex Offender Registry, and (2) either a search of the criminal registry in the program State* and the applicant’s residence State, or fingerprints submitted to the FBI for a national check. (c) A person is ineligible if the person refuses consent, makes a false statement, is registered or required to register on a State or National Sex Offender Registry, or has been convicted of murder as described in 18 U.S.C. § 1111.
(d)(1) Beginning 2 years after April 21, 2009, a check for a person described in paragraph (2) must, except for an entity in paragraph (3), include the National Sex Offender Registry search, both State registry searches, and FBI fingerprints for a national check. (2) The person must be at least 18, receive covered compensation, and have or expect recurring access through service to children 17 or younger, people 60 or older, or people with disabilities. (3) The enhanced rule does not apply when service to a vulnerable population is episodic or one day; compliance costs are prohibitive; State or Federal law does not authorize or permit FBI-system access; or the Corporation grants a good-cause exemption.
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.
A criminal history check under subsection (a) shall, except in cases approved for good cause by the Corporation, include—
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 and
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
submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
An individual shall be ineligible to serve in a position described under subsection (a) if such individual—
refuses to consent to the criminal history check described in subsection (b);
makes a false statement in connection with such criminal history check;
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
has been convicted of murder, as described in section 1111 of title 18.
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 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
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
submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check.
An individual described in this paragraph is an individual age 18 or older who—
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
as a result of such individual’s service in such position, has or will have access, on a recurring basis, to—
children age 17 years or younger;
individuals age 60 years or older; or
individuals with disabilities.
The provisions of this subsection shall not apply to an entity—
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;
where the cost to the entity of complying with this subsection is prohibitive;
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;
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
to which the Corporation otherwise provides an exemption from this subsection for good cause.
Source credit: (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.)
- 2009Enacted · Pub. L. 101-610 · 123 Stat. 1540, 1541
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-610 on 2009-04-21.
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