---
kind: "section"
citation: "45 C.F.R. § 2540.201"
title: "45"
number: "2540.201"
heading: "Which individuals require a National Service Criminal History Check?"
url: "https://uscodex.org/cfr/45/2540.201"
---

# §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.

## Notes

### Amendments

[86 FR 11147, Feb. 24, 2021]

### Authority

Authority: E.O. 13331, 69 FR 9911; 18 U.S.C. 506, 701, 1017; 42 U.S.C. 12653, 12631-12637, 12645g; 42 U.S.C. 5065.

### Source

Source: 59 FR 13808, Mar. 23, 1994, unless otherwise noted.

### Amendments

[86 FR 11147, Feb. 24, 2021]