123STA T . 1 54 2 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (3)EXCEPTIONS.—Theprovis io n so ft his s ub se c tion sh al l not appl y to an entity— ‘‘( A ) w here the service provi d ed by individuals servin g 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 co m plying with this subsection is prohibitive; ‘‘( C ) where the entity is not authori z ed , or is otherwise unable, under S tate law, to access the national criminal history bac k ground check system of the F ederal Bureau of I nvestigation; ‘‘( 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 e x emption from this subsection for good cause. ’ ’. (b) FE A SI B I L IT Y ST UD Y F O R A SYSTE M OF CRIMINAL H ISTORY C H EC K S FOR EMPLOYEES AND V OLUNTEERS.— (1) FEASIBILITY STUDY ON EFFICIENCY AND EFFECTI V ENESS RE G ARDING CRIMINAL HISTORY CHECK.—The Attorney G eneral of the U nited States shall conduct a study that shall examine, to the extent discernible and as of the date of the study, the following
(A) The state of criminal history checks (including the use of fingerprint collection) at the State and local level, including— (i) the available infrastructure for conducting criminal history checks; (ii) the State system capacities to conduct such criminal history checks; and (iii) the time re q uired for each State to process an individual’s fingerprints for a national criminal his- tory background check through the Federal Bureau of Investigation, from the time of fingerprint collection to the submission to the Federal Bureau of Investiga- tion. (B) The likelihood that each State would participate in a nationwide system of criminal history checks to provide information regarding participants to entities receiving assistance under the national service laws. (C) The number of participants that would require a fingerprint-based national criminal history background check under the national service laws. (D) The impact of the national service laws on the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation in terms of capacity and impact on other users of the system, including the effect on the work practices and staffing levels of the Fed- eral Bureau of Investigation. (E) The fees charged by the Federal Bureau of Inves- tigation, States, local agencies, and private companies to collect and process fingerprints and conduct criminal his- tory checks. (F) The existence of model or best practice programs regarding conducting criminal history checks that could easily be expanded and duplicated in other States.
