Quiero saber acerca de...

Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations k AmeriCorps VISTA Support Grants.
5. Revise 2540.201 to read as follows:
2540.201 Which individuals require a National Service Criminal History Check?

a A National Service Criminal History Check must be conducted for individuals in covered positions.
Individuals in covered positions are individuals selected, under a CNCS
grant specified in 2540.200, by the recipient, subrecipient, or service site to work or serve in a position under a CNCS grant specified in 2540.200:
1 As an AmeriCorps State and National member, as described in 42
U.S.C. 1251130Ai;
2 As a Foster Grandparent who receives a stipend;
3 As a Senior Companion who receives a stipend; or 4 In a position in which they will receive a salary, directly or reflected as match, under a cost reimbursement grant.
b A National Service Criminal History Check is not required for those individuals listed in paragraph a of this section who are under the age of 18
on the first day of work or service in a covered position.
c A National Service Criminal History Check is not required for individuals whose activity is entirely included in the grant recipients indirect cost rate.
6. Revise 2540.202 to read as follows:
2540.202 What eligibility criteria apply to an individual for whom a National Service Criminal History Check is required?

khammond on DSKJM1Z7X2PROD with RULES

An individual shall be ineligible to work or serve in a position specified in 2540.201a if the individual a Refuses to consent to a criminal history check described in 2540.204;
b Makes a false statement in connection with a criminal history check described in 2540.204;
c Is registered, or is required to be registered, on a state sex offender registry or the National Sex Offender Registry; or d Has been convicted of murder, as defined in 18 U.S.C. 1111.
7. Revise 2540.203 to read as follows:
2540.203 May a grant recipient or subrecipient or service site establish and apply suitability criteria for individuals to work or serve in a position specified in this subpart?

Grant recipients and subrecipients, or service sites, may establish suitability criteria, consistent with state and
VerDate Sep<11>2014

16:14 Feb 23, 2021

Jkt 253001

Federal Civil Rights and nondiscrimination laws, for individuals working or serving in a position specified in 2540.201a. While members may be eligible to work or serve in a position specified in 2540.201a based on the eligibility requirements of 2540.202, a grant recipient, subrecipient, or service site may determine that an individual is not suitable to work or serve in such a position based on criteria that the grant recipient or subrecipient or service site establishes.
8. Revise 2540.204 to read as follows:
2540.204 What are the components of a National Service Criminal History Check?

a Unless CNCS approves a waiver under 2540.207, for each individual in a position specified in 2540.201, grantees or subgrantees must, obtain:
1 A nationwide check of the National Sex Offender Public website through NSOPW.gov;
2 A check of the State criminal history record repository or agencydesignated alternative for the individuals State of residence and State of service; and 3 A fingerprint-based check of the FBI criminal history record database through the State criminal history record repository or agency-approved vendor.
b One way for grant recipients or subrecipients to obtain and document the required components of the National Service History Check is through the use of agency-approved vendors.
9. Revise 2540.205 to read as follows:
2540.205 By when must the National Service Criminal History Check be completed?

a The National Service Criminal History Check must be conducted, reviewed, and an eligibility determination made by the grant recipient or subrecipient based on the results of the National Service Criminal History Check before a person begins to work or serve in a position specified in 2540.201a.
b If a person serves consecutive terms of service or employment with the same organization in a position specified in 2540.201a and does not have a break in service or employment longer than 180 days, then no additional National Service Criminal History Check is required, as long as the original check complied with the requirements of 2540.204. If a National Service Criminal History Check was not conducted on a person because they were under the age of 18 at the time
PO 00000

Frm 00057

Fmt 4700

Sfmt 4700

11147

they began their prior terms of service or employment in a covered position, pursuant to 2540.201b, a National Service Criminal History check must be conducted prior to the individual beginning a subsequent term of work or service for which the person is 18 years of age or older at the start of work or service.
c Persons working or serving in positions specified in 2540.201a prior to May 1, 2021, who continue working or serving in a position specified in 2540.201a on or after November 1, 2021, must have a National Service Criminal History Check conducted, reviewed, and an eligibility determination made by the grant recipient or subrecipient based on the results of the National Service Criminal History Check completed in accordance with this part. For these people, the National Service Criminal History Check must be completed no later than November 1, 2021.
10. Revise 2540.206 to read as follows:
2540.206 What procedural steps are required, in addition to conducting the National Service Criminal History Check described in this subpart?

a In addition to conducting the National Service Criminal History Check described in 2540.204, grant recipients or subrecipients must:
1 Obtain a persons consent before conducting the state and FBI
components of the National Service Criminal History Check;
2 Provide notice that selection for work or service for a position specified in 2540.201a is contingent upon the organizations review of the National Service Criminal History Check component results;
3 Provide a reasonable opportunity for the person to review and challenge the factual accuracy of a result before action is taken to exclude the person from the position;
4 Take reasonable steps to protect the confidentiality of any information relating to the criminal history check, consistent with authorization provided by the applicant;
5 Maintain documentation of the National Service Criminal History Check as grant records; and 6 Pay for the cost of the NSCHC.
Unless specifically approved by CNCS
under 2540.207, the person who is serving or working in the covered position may not be charged for the cost of any component of a National Service Criminal History Check.
b CNCS-approved vendors may facilitate obtaining and documenting the
E:FRFM24FER1.SGM

24FER1