((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 ( 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 ( et seq.); or
((4)) has been convicted of murder, as described in .
((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 , 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 ( et seq.);
((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.