1. 1 Minimize Your Risk through National Service Criminal History Checks (Part 1 of 2) Corporation for National and Community Service, Office of Grants Management, Washington, D.C. Douglas Godesky, Senior Grants Officer Tom Bryant, Associate General Counsel

2. 2 Agenda for Part 1 of 2  Requirements Over Time  Identifying Covered Individuals  Checks for Different Types of Contact  Update on Regulations  Questions

3. 3 Requirements Over Time

4. 4 An individual is a “covered individual” … If they, or their position or role, is listed as an estimated direct cost on the grant program budget, either federal or non-federal (matching) share, as receiving salary, stipend, living allowance, national education award or similar, in return for providing service to the program; or, The costs associated with that person (for salary, stipend, living allowance, etc.) will be included within amounts reported as expenditure of either grant federal or matching share, on the program’s financial reports

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6. 6 Covered individuals without recurring access to vulnerable populations undergo two-part checks:  National Sex Offender Public Registry  Nationwide search using www.nsopr.gov  Performed before start of service/work  Statewide criminal history registry  State of residence plus State where they will work or serve  Must use designated Statewide repositories or obtain alternate approvals  FBI checks may substitute for one or both States  Must initiate NLT start of work or service

7. 7 Covered individuals with recurring access to vulnerable populations undergo three-part, FBI checks:  National Sex Offender Public Registry  Statewide criminal history registry/registries  FBI nationwide Criminal History Record Information (CHRI)  CHRI may be self-obtained or adjudicated result from authorized recipient, e.g., state repository  Obtaining FBI check does not substitute for the required one or two statewide repository checks

8. 8 Update on Regulations Regulations to implement the FBI check –Will be published soon –Will offer public comment period for 30 days –Final regulations will permit time to establish compliance New types of exceptions –Excessive cost –Cannot access FBI checks (due to State or Federal law) –Other good cause Improvements –Clarity on recurring access to vulnerable populations –Clarity on public citizen beneficiaries –Clarity on other areas, e.g., foreseeable contact

9. 9 Clarification on Impacts Covered individuals whose service or employment involves recurring access to a vulnerable population, who begin service or employment on or after April 21, 2011, must clear an FBI check in addition to the existing two components of the check (sex offender registry and statewide criminal history). Because the revised regulations are not yet published, the Corporation is allowing programs to delay performing the FBI check -- but all three components of the check must still eventually be performed.

10. 10 Clarification on Impacts There is no exemption for short-term (e.g. summer) programs to perform all three check components. Even if service begins after April 21, 2011 and will end before the regulations are final (August 2011 or later), all three components of the check must be completed to establish eligibility and for expenditures to be charged to the grant.

11. 11 Clarification on Impacts Final regulations will offer a 60-day period to comply with three-part FBI checks. You should anticipate that final regulations will be published about August 2011; delayed compliance would expire 60 days thereafter. Each national service program must choose what is most advantageous – either comply with the FBI check requirements now, or use the rule-making and delayed compliance period to explore options on how best to comply, or whether or not you will seek an exemption as described in the regulations.

12. 12 End Part 1 Questions on the Requirements Covered programs Covered individuals Types of checks Upcoming regulations General and grant-specific questions: CriminalHistoryCheckQuestions@cns.gov CriminalHistoryCheckQuestions@cns.gov