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42 U.S.C. § 12645gCriminal 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

in plain englishAI-generated · not legal advice

Entities that pay participants a stipend or salary must run criminal history checks on them. These checks include a sex-offender registry search and either a state or FBI background check. People are barred from serving if they refuse the check, lie, are registered sex offenders, or were convicted of murder.

(a) In general Any entity that selects people to serve in a position where they'll get a living allowance, stipend, national-service educational award, or salary through a program funded under the national service laws must run criminal history checks on them, following the Corporation's rules. (b) Requirements Unless the Corporation approves an exception for good cause, that check must include: a name-based search of the National Sex Offender Registry; and either a search of the criminal registry in both the state where the program operates and the state where the individual lives when applying, or submitting fingerprints to the FBI for a national background check. (c) Eligibility prohibition A person can't serve in one of these positions if they: refuse to consent to the check; lie in connection with the check; are registered, or required to register, as a sex offender in a state or nationally; or have been convicted of murder, as defined in section 1111 of title 18. (d) Special rule for individuals working with vulnerable populations Starting two years after April 21, 2009, the check for certain individuals must go further — except at entities described below — and include all three: the sex-offender registry search, the state criminal registry search, and submitting fingerprints for an FBI national background check. This fuller check applies to anyone age 18 or older who serves in a paid position under the national service laws and who, because of that role, has recurring access to children 17 or younger, adults 60 or older, or people with disabilities. It doesn't apply to an entity where: the service to that vulnerable population is only occasional or lasts a single day; the cost of complying would be too high; the entity can't legally access the FBI's national background-check system under state law; it can't legally access that system under federal law; or the Corporation grants an exemption for good cause.
the actual law source: uscode.house.gov ↗public domain
(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.); 1 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.

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.)

history & why it existsrecord from the source credit
  • 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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