Sec. 189D. CRIMINAL HISTORY CHECKS
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## SEC. 189D CRIMINAL HISTORY CHECKS **[**[42 U.S.C. 12645g](/us/usc/t42/s12645g)**]** ###
(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.); or ####
(4)has been convicted of murder, as described in section 1111 of title 18, United States Code. ###
(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 the date of enactment of the Serve America Act, 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.); #####
(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. ## Subtitle G Corporation for National and Community Service
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