42 U.S.C. § 12645f — Restrictions on Federal Government

Page 8385 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12645g 1 So in original. Probably should be ‘‘no’’. 1 See References in Text note below. U.S.C. 901 note; Public Law 101–576) and chapter 91 of title 31 (commonly known as the ‘‘Govern- ment Corporation Control Act’’). The Corpora- tion shall report to the authorizing committees any failure to comply with such requirements. (Pub. L. 101–610, title I, § 189B, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1540.) Editorial Notes REFERENCES IN TEXT The Chief Financial Officers Act of 1990, referred to in text, is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under sec- tion 501 of Title 31, Money and Finance, and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12645f. Restrictions on Federal Government and use of Federal funds (a) General prohibition Nothing in the national service laws shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or man- date a State or any subdivision thereof to spend any funds or incur any costs not paid for under this chapter. (b) Prohibition on endorsement of curriculum Notwithstanding any other prohibition of Fed- eral law, no funds provided to the Corporation under this chapter may be used by the Corpora- tion to endorse, approve, or sanction any cur- riculum designed to be used in an elementary school or secondary school. (c) Prohibition on requiring Federal approval or certification standards Notwithstanding any other provision of Fed- eral law, not 1 State shall be required to have academic content or student academic achieve- ment standards approved or certified by the Federal Government, in order to receive assist- ance under this chapter. (Pub. L. 101–610, title I, § 189C, as added Pub. L. 111–13, title I, § 1612, Apr. 21, 2009, 123 Stat. 1540.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title. § 12645g. Criminal history checks (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 crimi- nal 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 et seq.); 1 and (2)(A) a search of the State criminal registry or repository in the State in which the pro- gram 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 crimi- nal 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 reg- istered, 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 et seq.); 1 or (4) has been convicted of murder, as de- scribed in section 1111 of title 18. (d) Special rule for individuals working with vul- nerable 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 para- graph (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 et seq.); 1 (B) a search of the State criminal registry or repository in the State in which the pro- gram 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 crimi- nal history background check. (2) Individuals with access to vulnerable popu- lations An individual described in this paragraph is an individual age 18 or older who—