COMPLIANCE ALERT on National Service Criminal History Checks Required FBI Checks (Updated July 12, 2011) July 12, 2011 Update: The proposed regulations regarding FBI checks were published on Wednesday, July 6, 2011, and are now open for public comment. The regulations can be accessed here. The draft regulations describe circumstances under which programs can request exemption from the state or national FBI check components. Programs will have 60 days from the date the Corporation publishes the final rules to come into compliance regarding covered individuals who were subject to checks on or after April 21, 2011. On April 21, 2011, the two-part National Service Criminal History check became a three-part check requirement for individuals serving in, or working for, a program or project that allows for recurring access to a vulnerable population. No later than 60 days after new final regulations are established, newly enrolled or hired individuals in predictable contact with vulnerable populations, selected since April 21, 2011, must undergo: 1. A National Sex Offender Public Registry check (NSOPR, also known as the NSOPW); 2. A statewide criminal history repository check of the state of residency and the state where the individual will work/serve (FBI checks will no longer substitute for state checks); and, 3. A fingerprint-based FBI criminal history repository check. Resources and Support: The Corporation has developed resources to help programs navigate these requirements. These resources are found at: http://nationalserviceresources.org/criminal-history. Postings include guidance on obtaining an FBI fingerprint check, FAQs including a list of the official State repositories, and copies of the regulations. Program-specific fact sheets are posted as soon as they are available. If you have questions that are not addressed through these resources, contact us at: CriminalHistoryCheckQuestions@cns.gov Other Information: • The Corporation is in contact with the FBI, commercial background check providers, and services that may be available to assist with fingerprinting. However, this work has not reached solutions that can simplify, expedite or reduce the cost of obtaining FBI fingerprint-based checks. • The Serve America Act requires the Attorney General to report on a wide range of matters that might assist with grantees' access to criminal history records including FBI checks. Programs should not expect this report to provide a near-term solution to any challenges they face regarding obtaining criminal history checks and FBI records.

National Service Criminal History Checks

General Information: National Service Criminal History check regulations have been in effect since November 2007 when two-part checks were first required under specific programs, and only on individuals in recurring contact with a vulnerable population.

On October 1, 2009, under the Serve America Act (SAA), coverage was expanded to all national service programs and covered individuals even without contact to a vulnerable population. Since that time, all grantees must conduct at least two-part National Service Criminal History checks on participants and program employees in AmeriCorps, Learn and Serve, Foster Grandparents, Senior Companions, and any other programs funded by the Corporation under National Service laws. Beginning April 21, 2011, the law required that programs conduct three-part checks, including FBI, statewide repository and sex offender registry checks, on individuals who will have recurring contact with vulnerable populations.

All employees, participants, and others who receive a salary, national service education award, a living allowance, or stipend under Corporation grants, even if the activities don’t involve service with vulnerable populations, must receive the two-part checks.

For the RSVP and VISTA programs, grantees are not required to conduct criminal history checks on their volunteers; however, RSVP and VISTA grantees are required to conduct criminal history checks on all employees who receive part or all of their salary from the respective program grant.

For more information on National Service Criminal History Checks, please visit the Resource Center.