42 U.S.C. § 12645g: Criminal history checks

Summary

Programs that pay people a living allowance, stipend, national service educational award, or salary must run criminal history checks on those people under rules set by the Corporation. Unless the Corporation allows otherwise for good cause, checks must include a name search of the national sex offender registry and either a search of the state criminal records in the state where the program runs and the state where the person lives, or a fingerprint check sent to the FBI. A person cannot serve if they refuse the check, lie about it, are on a sex offender registry, or have been convicted of murder. Starting on the date that is 2 years after April 21, 2009, people age 18 or older who will regularly work with children (17 or younger), people 60 or older, or people with disabilities must have all three checks (sex offender search, both state searches, and FBI fingerprints), unless the program’s work with those groups is only episodic or one day, the cost is prohibitive, law prevents access to the FBI system, or the Corporation grants an exemption for good cause.

Title 42, §12645g

The Public Health and Welfare, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Adam Walsh Child Protection and Safety Act of 2006, referred to in subsecs. (b)(1), (c)(3), and (d)(1)(A), is Pub. L. 109–248, July 27, 2006, 120 Stat. 587, which was classified principally to chapter 151 (§ 16901 et seq.) of this title, prior to editorial reclassification and renumbering as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law

Enforcement

. For complete classification of this Act to the Code, see

Short Title

of 2006 Act note set out under section 10101 of Title 34 and Tables.

Amendments

2009—Pub. L. 111–13, § 1614(a), added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

Enactment and amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an

Effective Date

of 2009 Amendment note under section 4950 of this title.

§12645g Criminal History Checks

Summary

Title 42, §12645g

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

Short Title

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata