NCSA Section 189D

Sec 189B

NATIONAL AND COMMUNITY SERVICE ACT OF 1990

120

(1) an area that has a mortgage foreclosure rate, home
price decline, and unemployment rate all of which are above
the national average for such rates or level, for the most recent
12 months for which satisfactory data are available; or
(2) a residential area that lacks basic living necessities,
such as water and sewer systems, electricity, paved roads, and
safe, sanitary housing.
SEC. 189B. [42 U.S.C. 12645e] AUDITS AND REPORTS.

The Corporation shall comply with applicable audit and reporting requirements as provided in the Chief Financial Officers Act of
1990 (31 U.S.C. 901 note; Public Law 101–576) and chapter 91 of
title 31, United States Code (commonly known as the ‘‘Government
Corporation Control Act’’). The Corporation shall report to the authorizing committees any failure to comply with such requirements.
SEC. 189C. [42 U.S.C. 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 mandate a State or any
subdivision thereof to spend any funds or incur any costs not paid
for under this Act.
(b) PROHIBITION ON ENDORSEMENT OF CURRICULUM.—Notwithstanding any other prohibition of Federal law, no funds provided
to the Corporation under this Act may be used by the Corporation
to endorse, approve, or sanction any curriculum 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 Federal law, not State shall be required to have academic content or
student academic achievement standards approved or certified by
the Federal Government, in order to receive assistance under this
Act.
SEC. 189D. [42 U.S.C. 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 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 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.
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121

NATIONAL AND COMMUNITY SERVICE ACT OF 1990

Sec. 189D

(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 et seq.); or
(4) has been convicted of murder, as described in section
1111 of title 18, United States Code.
(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 the date of enactment of the
Serve America Act, 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 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;
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Sec. 191

NATIONAL AND COMMUNITY SERVICE ACT OF 1990

122

(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.

Subtitle G—Corporation for National and
Community Service
SEC. 191. [42 U.S.C. 12651] CORPORATION FOR NATIONAL AND COMMUNITY SERVICE.

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, United States Code.
SEC. 192. [42 U.S.C. 12651a] BOARD OF DIRECTORS.
(a) COMPOSITION.—
(1) IN GENERAL.—There shall be in

the Corporation a
Board of Directors (referred to in this subtitle as the ‘‘Board’’)
that shall be composed of—
(A) 15 members, including an individual between the
ages of 16 and 25 who—
(i) has served in a school-based or communitybased service-learning program; or
(ii) is or was a participant or a supervisor in a
program;
to be appointed by the President, by and with the advice
and consent of the Senate; and
(B) the ex officio nonvoting members described in
paragraph (3).
(2) QUALIFICATIONS.—To the maximum extent practicable,
the President shall appoint members—
(A) who have extensive experience in volunteer or
service activities, which may include programs funded
under one of the national service laws, and in State government;
(B) who represent a broad range of viewpoints;
(C) who are experts in the delivery of human, educational, environmental, or public safety services;
(D) so that the Board shall be diverse according to
race, ethnicity, age, gender, and disability characteristics;
and
(E) so that no more than 50 percent of the appointed
members of the Board, plus 1 additional appointed member, are from a single political party.
(3) EX OFFICIO MEMBERS.—The Secretary of Education, the
Secretary of Health and Human Services, the Secretary of
Labor, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Housing and Urban Development, the
Secretary of Defense, the Attorney General, the Director of the
Peace Corps, the Administrator of the Environmental Protec-

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