123STA T . 1 54 1 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (1)refus es toc o n sent to t h ecr im in al histor y chec kd escri b ed in subsection (b)
‘‘( 2 ) makes a false statement in connection w ith such criminal history check; ‘‘( 3 )isre g istered , orisre q uired to be registered, on a S tate se x offender registry or the N ational Sex O ffender R eg - istry established under the A dam W alsh C hild P rotection and Safety Act of 2 0 0 6 ( 4 2 U. S.C. 16 9 01 et seq.); or ‘‘(4) has been con v icted of murder, as described in section 1111 of title 1 8 , United States Code. ’ ’. SEC.16 1 3 . AV A IL A B ILI TYOF ASSISTA N CE. (a) A MEND MEN T . — Subtitle F of title I is further amended by inserting after section 184 the following
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‘SEC. 1 84 A. AVAILABILITY OF ASSISTANCE. ‘‘A reference in subtitle C, D , E ,or H of title I regarding an entity eligible to receive direct or indirect assistance to carry out a national service p rogram shall include a non-profit organi z a- tion promoting competitive and non-competitive sporting events involving individuals with disabilities (including the Special Olym- pics), which enhance the quality of life for individuals with disabil- ities.’’. SEC. 1614. C R I M INAL H ISTORY CHEC K SFORIN D IVID U ALS W ORKIN G WITH VULNERABLE P OPULATIONS. (a) AMENDMENT.—Section 189D, as added by section 1612, is further amended by adding at the end the following: ‘‘(d) S P E CIAL R U LE FOR INDI V IDUAL S WOR K IN G WIT HV ULNER- A B LE POPULATIONS.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (b), on and after the date that is 2 years after the date of enactment of the Serve America Act, a criminal history check under sub- section (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 Protec- tion and Safety Act of 2006 (42 U.S.C. 16901 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 applica- tion; and ‘‘(C) submitting fingerprints to the Federal Bureau of Investigation for a national criminal history background check. ‘‘(2) INDIVIDUALS W ITH ACCESS TO VULNERABLE POPU- LATIONS.—An individual described in this paragraph is an indi- vidual age 18 or older who— ‘‘(A) serves in a position in which the individual receives a living allowance, stipend, national service edu- cational 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 1 7 years or younger; ‘‘(ii) individuals age 60 years or older; or ‘‘(iii) individuals with disabilities. Ef f ectiv e da te .42USC1 2 6 4 5g . 42 USC 12644a.
