---
kind: "range"
citation: "45 C.F.R. §§ 2540.200–2540.207"
title: "45"
from: "2540.200"
to: "2540.207"
count: 8
url: "https://uscodex.org/cfr/45/2540.200..2540.207"
---

# §2540.200. Which entities are required to comply with the National Service Criminal History Check requirements in this subpart?


The National Service Criminal History Check is a requirement for entities that are recipients or subrecipients of the following grants:

- (a) Operational grants provided by AmeriCorps State and National;
- (b) Foster Grandparent Program Grants;
- (c) Retired and Senior Volunteer Program Grants;
- (d) Senior Companion Program Grants;
- (e) Senior Demonstration Program Grants that receive funding from CNCS;
- (f) **Martin Luther King, Jr.** Day of Service Grants;
- (g) September 11th Day of Service Grants;
- (h) Social Innovation Fund Grants;
- (i) Volunteer Generation Fund Grants;
- (j) AmeriCorps VISTA Program Grants;
- (k) **AmeriCorps VISTA Support Grants.**

# §2540.201. Which individuals require a National Service Criminal History Check?

- (a) 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](/cfr/45/2540.200.md):
  - (1) As an AmeriCorps State and National member, as described in [42 U.S.C. 12511(30)(A)(i)](/usc/42/12511.md?p=30-A-i);
  - (2) As a Foster Grandparent who receives a stipend;
  - (3) As a Senior Companion who receives a stipend; or
  - (4) In a position in which they will receive a salary, directly or reflected as match, under a cost reimbursement grant.
- (b) A National Service Criminal History Check is not required for those individuals listed in [paragraph (a)](#a) of this section who are under the age of 18 on the first day of work or service in a covered position.
- (c) A National Service Criminal History Check is not required for individuals whose activity is entirely included in the grant recipient's indirect cost rate.

# §2540.202. What eligibility criteria apply to an individual for whom a National Service Criminal History Check is required?


An individual shall be ineligible to work or serve in a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=a) if the individual—

- (a) Refuses to consent to a criminal history check described in [§ 2540.204](/cfr/45/2540.204.md);
- (b) Makes a false statement in connection with a criminal history check described in [§ 2540.204](/cfr/45/2540.204.md);
- (c) Is registered, or is required to be registered, on a state sex offender registry or the National Sex Offender Registry; or
- (d) Has been convicted of murder, as defined in [18 U.S.C. 1111](/usc/18/1111.md).

# §2540.203. May a grant recipient or subrecipient or service site establish and apply suitability criteria for individuals to work or serve in a position specified in this subpart?


Grant recipients and subrecipients, or service sites, may establish suitability criteria, consistent with state and Federal Civil Rights and nondiscrimination laws, for individuals working or serving in a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=a). While members may be eligible to work or serve in a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=a) based on the eligibility requirements of [§ 2540.202](/cfr/45/2540.202.md), a grant recipient, subrecipient, or service site may determine that an individual is not suitable to work or serve in such a position based on criteria that the grant recipient or subrecipient or service site establishes.


# §2540.204. What are the components of a National Service Criminal History Check?

- (a) Unless CNCS approves a waiver under [§ 2540.207](/cfr/45/2540.207.md), for each individual in a position specified in [§ 2540.201](/cfr/45/2540.201.md), grantees or subgrantees must, obtain:
  - (1) A nationwide check of the National Sex Offender Public website through NSOPW.gov;
  - (2) A check of the State criminal history record repository or agency-designated alternative for the individual's State of residence and State of service; and
  - (3) A fingerprint-based check of the FBI criminal history record database through the State criminal history record repository or agency-approved vendor.
- (b) 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.

# §2540.205. By when must the National Service Criminal History Check be completed?

- (a) 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)](/cfr/45/2540.201.md?p=a).
- (b) If a person serves consecutive terms of service or employment with the same organization in a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=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](/cfr/45/2540.204.md). 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)](/cfr/45/2540.201.md?p=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.
- (c) Persons working or serving in positions specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=a) prior to May 1, 2021, who continue working or serving in a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=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.

# §2540.206. What procedural steps are required, in addition to conducting the National Service Criminal History Check described in this subpart?

- (a) In addition to conducting the National Service Criminal History Check described in [§ 2540.204](/cfr/45/2540.204.md), grant recipients or subrecipients must:
  - (1) Obtain a person's consent before conducting the state and FBI components of the National Service Criminal History Check;
  - (2) Provide notice that selection for work or service for a position specified in [§ 2540.201(a)](/cfr/45/2540.201.md?p=a) is contingent upon the organization's review of the National Service Criminal History Check component results;
  - (3) Provide a reasonable opportunity for the person to review and challenge the factual accuracy of a result before action is taken to exclude the person from the position;
  - (4) Take reasonable steps to protect the confidentiality of any information relating to the criminal history check, consistent with authorization provided by the applicant;
  - (5) Maintain documentation of the National Service Criminal History Check as grant records; and
  - (6) **Pay for the cost of the NSCHC.** Unless specifically approved by CNCS under [§ 2540.207](/cfr/45/2540.207.md), the person who is serving or working in the covered position may not be charged for the cost of any component of a National Service Criminal History Check.
- (b) CNCS-approved vendors may facilitate obtaining and documenting the requirements in [paragraphs (a)(1) through (5)](#a-1..a-5) of this section.

# §2540.207. Waiver.


CNCS may waive provisions of [§§ 2540.200](/cfr/45/2540.200.md) through.2540.206 for good cause, or for any other lawful basis. To request a waiver, submit a written request to NSCHC Waiver Requests, 250 E Street SW, Washington DC 20525, or send your request to NSCHCWaiverRequest@cns.gov.