TO: ALL CJIS SYSTEM OFFICERS AND STATE IDENTIFICATION BUREAU
REPRESENTATIVES

identification record are set forth in 28 CFR § 16.34. Officials making such
determinations should not deny the license or employment based on
information in the record until the applicant has been afforded a reasonable
time to correct or complete the record, or has declined to do so. A statement
incorporating these use-and-challenge requirements will be placed on all
tecords disseminated under this program. This policy is intended to ensure
that all relevant criminal record information is made available to provide for
the public safety and, further, to protect the interests of the prospective
employee/licensee who may be affected by the information or lack of
information in an identification record.”

Alternative Screening Protocol (ASP)

An entity may apply to the Corporation for approval of an ASP that would relieve
the entity from the requirement to conduct both the state and national checks on covered
individuals with recurring access to vulnerable populations. At its discretion, the Corporation
may approve an ASP if the entity demonstrates the service provided by the individual to a
vulnerable population is episodic in nature or for a one-day period; the cost of complying with the
program is prohibitive; the program is not authorized, or is unable under state or federal law, to
access the national criminal history background check system of the FBI; or the program cannot
comply with the requirement for good cause (as determined by the Corporation). “Episodic” is
further defined as access that is not a regular, scheduled, and anticipated component of an
individual’s position description.

Contact Information

For any questions related to the fingerprint processing, please contact
Mr. Allen Wayne Nash, at (304) 625-2738, or by email at <allen. nash@leo.gov>.

Section Chief

Biometric Services Section

Criminal Justice Information
Services Division



ALL CJIS SYSTEM OFFICERS AND STATE IDENTIFICATION BUREAU
REPRESENTATIVES

existing ORI for exclusive use under the SAA. The CSA/SIB must coordinate requests for ORI
issuance, or use of a designated ORI, with the FBI CJIS Division for programming. All
fingerprints submitted to the FBI CJIS Division under this authority must include the
program-designated ORI and be populated with “Serve America Act” or “Serve America
Act-VolunteerTM as the reason fingerprinted (RFP).

Fingerprint submissions forwarded to the FBI CJIS Division under this authority
should be submitted using the non-federal applicant user fee (NFUF) system type of transaction.
The FBI CJIS Division will process fingerprint submissions for SAA volunteers working with
vulnerable populations as defined by the NCPA/VCA, and pursuant to this authority, at the
reduced rate for volunteers when the fingerprint submission is appropriately marked with “Serve
America Act-Volunteer” in the reason for fingerprinting field. Additional fees may be charged for
State and/or FBI CJIS Division rap back services, and for fingerprint processing by independent or
contracted vendors. Please see 28, Code of Federal Regulations (CFR), Part 20, and the Federal
Register, Notice of Proposed Rule Making dated June 19, 2008, for the FBI CJIS Division’s most
current fee schedule.

Regulatory Dissemination/Use and Challenge

CJIS System Officer’s and/or SIB representative’s training programs should
include information about user responsibilities under the provisions of 28 CFR § 50.12, relating to
the exchange of identification records, This regulation, applicable to both governmental and
non-governmental authorized recipients of criminal history record information, specifically
provides:

“Records obtained under this authority may be-used solely for the purpose
requested and cannot be disseminated outside the receiving departments,
related agencies, or other authorized entities. Officials at governmental
institutions and other entities authorized to submit fingerprints and receive
FBI identification records under this authority must notify the individuals
fingerprinted that the fingerprints will be used to check the criminal history
records of the FBI. The officials making the determination of suitability for
licensing or employment shall provide the applicants the opportunity to
complete, or challenge the accuracy of, the information contained in the FBI
identification record. These officials must also advise the applicants that
procedures for obtaining a change, correction, or updating an FBI

4 For volunteers having recurring access to children, the elderly, and to individuals with disabilities, the RFP
should be populated with “Serve America Act-Volunteer.”
a


U.S. Department of Justice

Federal Bureau of Investigation

Clarksburg, WV 26306

October 31, 2011

TO: ALL CJIS SYSTEM OFFICERS AND STATE IDENTIFICATION BUREAU
REPRESENTATIVES

RE: THE SERVE AMERICA ACT

On April 21, 2009, President Barack Obama signed the Edward M. Kennedy Serve
America Act (SAA), Public Law (Pub. L.) 111-13. The SAA authorizes and expands national
service programs administered by the Corporation for National and Community Service
(Corporation) and requires National Service Criminal History Checks for individuals who serve in
positions that receive living allowances, stipends, national service educational awards, or salaries
from the Corporation. Section 1612 of the SAA added Section 189D to the National and
Community Service Act of 1990, by expanding the types of programs requiring criminal history
background checks. Section 1614 mandates enhanced criminal background checks for individuals
in these programs who will work with vulnerable populations. Vulnerable populations include
children age 17 or younger, persons age 60 and older, and individuals with disabilities. The
following guidance i is for states implementing access that is being made available under this new
authority.

Background

The Corporation initially engaged in rulemaking concerning the requirement for
grantees to conduct criminal history checks on national service participants and grant-funded staff
in 2007. In that rule, the Corporation required programs to conduct National Service Criminal
History Checks, consisting of a statewide search of a state’s criminal registry (for both the state
where the individual resided at the time of the application and the state where the individual would
be serving) and a check of the Department of Justice’s National Sex. Offender Public Web site, on
all “covered individuals.” “Covered individuals” included those program staff and participants
having recurring access to children, the elderly, and to individuals with disabilities. Effective
October 1, 2009, the SAA expanded coverage to include all national service programs, including
participants and program employees in AmeriCorps, Learn and Serve, Foster Grandparent, Senior
Companion and other programs funded by the Corporation under National Service Laws. The
SAA expanded background check requirements to all categories of corporation-funded individuals,
including persons who do not have contact with vulnerable populations, Beginning April 21, 2011,
the law requires that relevant programs conduct an enhanced National Service Criminal History
Check on individuals having recurring contact with vulnerable populations. Specific details of this
enhanced check are provided later in this correspondence.



TO: ALL CJIS SYSTEM OFFICERS AND STATE IDENTIFICATION BUREAU
REPRESENTATIVES

National Service Criminal History Checks for Individuals Without Recurring Access to
Vulnerable Populations

The SAA provides alternate methods to accomplish the National Service Criminal
History Checks for individuals who serve in positions without recurring access to vulnerable
populations.. The SAA requires each national service organization responsible for selecting
individuals to serve in positions that receive living allowances, stipends, national service
educational awards, or salaries to conduct criminal history checks of applicants (except in cases
approved for good cause by the Corporation) as follows:

e Name-based search of the National Sex Offender Public Registry (NSOPR)
established under the Adam Walsh Child Protection and Safety Act of 2006
(AWA); and

© Name-based or fingerprint-based! searches of both the state criminal registry or
repository in which the program is operating and the state in which the individual
resides at the time of the application; or

¢ FBI fingerprint-based national criminal history background check.

Therefore, an organization may opt to submit fingerprints to the FBI for a national criminal history
record check in lieu of state record checks of both the state where the program is operating and the
state in which the individual resides at the time of the application (if they differ) for persons whose
job functions do not require recurring access to vulnerable populations.

Enhanced National Service Criminal History Checks for Individuals Working With
Vulnerable Populations

The SAA also requires national service organizations that are responsible for
individuals to serve in positions that receive living allowances, stipends, national service education
awards, or salaries, and who, on a recurring basis’, will have access to vulnerable populations,
initiate enhanced criminal history record searches as follows:

e Name-based searches of the NSOPR, as established under the AWA;

¢ Name-based or fingerprint-based searches of both the state criminal registry or
repository in which the program is operating and the state in which the individual
resides at the time of the application; and

e FBI fingerprint-based national criminal history background check.

1 As authorized by state statute.

2 “Recurring access” is defined by 45 C.F.R. § 2510.20, as the ability, on more than one occasion, to
approach, observe, or communicate with an individual, through physical proximity or other means, including
but not limited to, electronic or telephonic communication.



TO; ALL CJIS SYSTEM OFFICERS AND STATE IDENTIFICATION BUREAU
REPRESENTATIVES

The Corporation has opted not to develop a national, centralized mechanism for
conducting state and national fingerprint-based criminal history record checks for national service
participants. Therefore, each national service organization must contact the state repository in the
state of operation to determine if the organization can access national criminal history record
information. In lieu of state statutory provisions, the following authorities may authorize
fingerprint-based state and national criminal history record checks for national service
organizations depending on the specific duties of the prospective position:

National Child Protection Act, as amended by the Volunteers for Children Act
(NCPA/VCA), 42 U. S.C. § 5119;

* Section 153 of the AWA’; or

e The SAA.

Background checks conducted pursuant to the NCPA/VCA and the AWA should
be conducted in accordance with the procedures established by the state. Background checks
generated pursuant to the SAA must comply with certain criteria, to include fingerprints submitted
via the CJIS Systems Agency (CSA)/State Identification Bureau (SIB); designation of a
governmental agency to receive and screen the results of the record checks; and non-dissemination
of the criminal history record information outside the receiving governmental department or
related governmental agencies. The CSA/SIB is responsible to ensure national service
organizations are in compliance with state and federal policies, procedures and statutes. For
submissions pursuant to the authority of the SAA, the following guidance is provided.

Fitness Criteria

The SAA provides that an individual shall be ineligible to serve in a position that
may involve recurring access to vulnerable populations if the individual refuses to submit to a
criminal history record check; makes a false statement in connection with the criminal history
record check; is registered, or is required to be registered, on a state sex offender registry or the
NSOPR established under the AWA; or has been convicted of murder, as described in 18 United
States Code (U.S.C.) § 1111.

Fingerprint Processing Requirements

Each national service organization must coordinate with the CSA/SIB in the states
of program operation/residence to establish procedures for performing state and national criminal
history record checks. Each participating CSA/SIB must request a unique Integrated Automated
Fingerprint Identification System (IAFIS) originating agency identifier CORD) or designate an

3 A state’s chief executive officer must formally request access from the FBI CIS Division to invoke the
provisions of Section 153 of the AWA.
3