Browse Arkansas Code titles and sections
42 U.S.C. § 12651 — Criminal history checks
Federal law — U.S. Code and appendices · legal_authorities
**(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 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 11 See References in Text note below. 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 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 1 or
(4) has b
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12651
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 40f297479bd86b51c67d454cdfab21a2b2f82386e9eba1901a1b7d4910be5cc1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_f6a66d48d87cbe07b196abd5
Source file: Laws/federal/codes/united-states-code/title-42/section-12651-criminal-history-checks--35d1a14717.md
Pages: Not recorded – Not recorded
Passage SHA-256: c0c8e026f7a92375ed1ee6bdd2305ac913aeffe0dfee03a8a1c98806047b17de
Source location: Title 42, Chapter 129, § 12651; chapter-129-national-and-community-service.md
Stored source content
**(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 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 11 See References in Text note below. 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 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 1 or
(4) has been convicted of murder, as described in [section 1111 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1111&num=0&edition=prelim).
**(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 April 21, 2009, 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 ([42 U.S.C. 16901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16901&num=0&edition=prelim) et seq.); 1
(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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 5091, Pub. L. 93–113, title VII, § 701, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3172, set forth purpose of this subchapter.
Section 5091a, Pub. L. 93–113, title VII, § 702, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, authorized Federal grants for Youthbuild projects.
Section 5091b, Pub. L. 93–113, title VII, § 703, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3173, related to service in construction and rehabilitation projects.
Section 5091c, Pub. L. 93–113, title VII, § 704, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, related to education and job training services.
Section 5091d, Pub. L. 93–113, title VII, § 705, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3174, set forth permitted uses of funds provided under this subchapter.
Section 5091e, Pub. L. 93–113, title VII, § 706, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, set forth eligibility requirements for participants.
Section 5091f, Pub. L. 93–113, title VII, § 707, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3175, provided living allowance for full-time program participants.
Section 5091g, Pub. L. 93–113, title VII, § 708, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed that services and activities be carried out through arrangements or under contracts with certain entities.
Section 5091h, Pub. L. 93–113, title VII, § 709, as added Pub. L. 101–610, title II, § 211, Nov. 16, 1990, 104 Stat. 3176, directed prescribing of standards for evaluating performance of projects.
Section 5091i, Pub. L. 93–113, title VII, § 710, as added Pub. L. 101–610, title II, § 211,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4950
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 16961 was editorially reclassified as [section 20961 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section20961&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16901
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.Any other murder is murder in the second degree.
**(b)** Within the special maritime and territorial jurisdiction of the United States,Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.
**(c)** For purposes of this section—
(1) the term “assault” has the same meaning as given that term in section 113;
(2) the term “child” means a person who has not attained the age of 18 years and is—
(A) under the perpetrator’s care or control; or
(B) at least six years younger than the perpetrator;
(3) the term “child abuse” means intentionally or knowingly causing death or serious bodily injury to a child;
(4) the term “pattern or practice of assault or torture” means assault or torture engaged in on at least two occasions;
(5) the term “serious bodily injury” has the meaning set forth in section 1365; and
(6) the term “torture” means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1111
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10101
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “Government corporation” means a mixed-ownership Government corporation and a wholly owned Government corporation.
(2) “mixed-ownership Government corporation” means—
(A) the Central Bank for Cooperatives.
(B) the Federal Deposit Insurance Corporation.
(C) the Federal Home Loan Banks.
(D) the Federal Intermediate Credit Banks.
(E) the Federal Land Banks.
(F) the National Credit Union Administration Central Liquidity Facility.
(G) the Regional Banks for Cooperatives.
(H) the Financing Corporation.
(I) the Resolution Trust Corporation.
(J) the Resolution Funding Corporation.
(3) “wholly owned Government corporation” means—
(A) the Commodity Credit Corporation.
(B) the Community Development Financial Institutions Fund.
(C) the Export-Import Bank of the United States.
(D) the Federal Crop Insurance Corporation.
(E) Federal Prison Industries, Incorporated.
(F) the Corporation for National and Community Service.
(G) the Government National Mortgage Association.
(H) the United States International Development Finance Corporation.
(I) the Pennsylvania Avenue Development Corporation.
(J) the Pension Benefit Guaranty Corporation.
(K) the Great Lakes St. Lawrence Seaway Development Corporation.
(L) the Secretary of Housing and Urban Development when carrying out duties and powers related to the Federal Housing Administration Fund.
(M) the Tennessee Valley Authority.
(N) the Panama Canal Commission.
(O) the Millennium Challenge Corporation.
(P) the International Clean Energy Foundation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 9101
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The financial statements of Government corporations shall be audited by the Inspector General of the corporation appointed under chapter 4 of title 5, or under other Federal law, or by an independent external auditor, as determined by the Inspector General or, if there is no Inspector General, by the head of the corporation.
(2) Audits under this section shall be conducted in accordance with applicable generally accepted government auditing standards.
(3) Upon completion of the audit required by this subsection, the person who audits the statement shall submit a report on the audit to the head of the Government corporation, to the Chairman of the Committee on Government Operations of the House of Representatives, and to the Chairman of the Committee on Governmental Affairs of the Senate.
(4) The Comptroller General of the United States—
(A) may review any audit of a financial statement conducted under this subsection by an Inspector General or an external auditor;
(B) shall report to the Congress, the Director of the Office of Management and Budget, and the head of the Government corporation which prepared the statement, regarding the results of the review and make any recommendation the Comptroller General of the United States considers appropriate; and
(C) may audit a financial statement of a Government corporation at the discretion of the Comptroller General or at the request of a committee of the Congress.
An audit the Comptroller General performs under this paragraph shall be in lieu of the audit otherwise required by paragraph (1) of this subsection. Prior to performing such audit, the Comptroller General shall consult with the Inspector General of the agency which prepared the statement.
(5) A Government corporation shall reimburse the
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 9105
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service.
**(b)** The following provisions shall apply to the Postal Service:
(1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 11 See References in Text note below. (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable;
(2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States;
(3) [section 107 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim) (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind);
(4) the following provisions of title 40:
(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and
(B) chapters 37 and 173;
(5) chapters 65 and 67 of title 41;
(6) sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 196
Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 410
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter:
(1) **Adult volunteer** — The term “adult volunteer” means an individual, such as an older adult, an individual with a disability, a parent, or an employee of a business or public or private nonprofit organization, who—
(A) works without financial remuneration in an educational institution to assist students or out-of-school youth; and
(B) is beyond the age of compulsory school attendance in the State in which the educational institution is located.
(2) **Alaska Native-serving institution** — The term “Alaska Native-serving institution” has the meaning given the term in [section 1059d(b) of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d/b&num=0&edition=prelim).
(3) **Approved national service position** — The term “approved national service position” means a national service position for which the Corporation has approved the provision of a national service educational award described in [section 12603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12603&num=0&edition=prelim) as one of the benefits to be provided for successful service in the position.
(4) **Approved silver scholar position** — The term “approved silver scholar position” means a position, in a program described in [section 12653c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12653c/a&num=0&edition=prelim), for which the Corporation has approved the provision of a silver scholarship educational award as one of the benefits to be provided for successful service in the position.
(5) **Approved summer of service position** — The term “approved summer of service position” means a position, in a program described in [section 12563(
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12512
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Corporation shall provide, directly or through grants or contracts, for the continuing evaluation of programs that receive assistance under the national service laws, including evaluations that measure the impact of such programs, to determine—
(1) the effectiveness of programs receiving assistance under the national service laws in achieving stated goals and the costs associated with such programs, including an evaluation of each such program’s performance based on the performance levels established under subsection (k); and
(2) the effectiveness of the structure and mechanisms for delivery of services, such as the effective utilization of the participants’ time, the management of the participants, and the ease with which recipients were able to receive services, to maximize the cost effectiveness and the impact of such programs.
**(b) Comparisons** The Corporation shall provide for inclusion in the evaluations required under subsection (a), where appropriate, comparisons of participants in such programs with individuals who have not participated in such programs.
**(c) Conducting evaluations** Evaluations of programs under subsection (a) shall be conducted by individuals who are not directly involved in the administration of such program.
**(d) Standards** The Corporation shall develop and publish general standards for the evaluation of program effectiveness in achieving the objectives of the national service laws.
**(e) Community participation** In evaluating a program receiving assistance under the national service laws, the Corporation shall consider the opinions of participants and members of the communities where services are delivered concerning the strengths and weaknesses of such program.
**(f) Comparison of program models** The C
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12639a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
There is established a Corporation for National and Community Service that shall administer the programs established under the national service laws. The Corporation shall be a Government corporation, as defined in [section 103 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section103&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12651a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.