45 C.F.R. §§ 2540.200–2540.207

Operational grants provided by AmeriCorps State and National;

Foster Grandparent Program Grants;

Retired and Senior Volunteer Program Grants;

Senior Companion Program Grants;

Senior Demonstration Program Grants that receive funding from CNCS;

Martin Luther King, Jr. Day of Service Grants;

September 11th Day of Service Grants;

Social Innovation Fund Grants;

Volunteer Generation Fund Grants;

AmeriCorps VISTA Program Grants;

A National Service Criminal History Check must be conducted for individuals in covered positions. Individuals in covered positions are individuals selected, under a CNCS grant specified in 2540.200, by the recipient, subrecipient, or service site to work or serve in a position under a CNCS grant specified in § 2540.200:

A National Service Criminal History Check is not required for those individuals listed in paragraph (a) of this section who are under the age of 18 on the first day of work or service in a covered position.

A National Service Criminal History Check is not required for individuals whose activity is entirely included in the grant recipient's indirect cost rate.

Refuses to consent to a criminal history check described in § 2540.204;

Makes a false statement in connection with a criminal history check described in § 2540.204;

Is registered, or is required to be registered, on a state sex offender registry or the National Sex Offender Registry; or

Has been convicted of murder, as defined in 18 U.S.C. 1111.

Unless CNCS approves a waiver under § 2540.207, for each individual in a position specified in § 2540.201, grantees or subgrantees must, obtain:

One way for grant recipients or subrecipients to obtain and document the required components of the National Service History Check is through the use of agency-approved vendors.

The National Service Criminal History Check must be conducted, reviewed, and an eligibility determination made by the grant recipient or subrecipient based on the results of the National Service Criminal History Check before a person begins to work or serve in a position specified in § 2540.201(a).

If a person serves consecutive terms of service or employment with the same organization in a position specified in § 2540.201(a) and does not have a break in service or employment longer than 180 days, then no additional National Service Criminal History Check is required, as long as the original check complied with the requirements of § 2540.204. If a National Service Criminal History Check was not conducted on a person because they were under the age of 18 at the time they began their prior term(s) of service or employment in a covered position, pursuant to § 2540.201(b), a National Service Criminal History check must be conducted prior to the individual beginning a subsequent term of work or service for which the person is 18 years of age or older at the start of work or service.

Persons working or serving in positions specified in § 2540.201(a) prior to May 1, 2021, who continue working or serving in a position specified in § 2540.201(a) on or after November 1, 2021, must have a National Service Criminal History Check conducted, reviewed, and an eligibility determination made by the grant recipient or subrecipient based on the results of the National Service Criminal History Check completed in accordance with this part. For these people, the National Service Criminal History Check must be completed no later than November 1, 2021.

In addition to conducting the National Service Criminal History Check described in § 2540.204, grant recipients or subrecipients must:

CNCS-approved vendors may facilitate obtaining and documenting the requirements in paragraphs (a)(1) through (5) of this section.