EXHIBIT B_2022ASNPROGRAM508TC.PDF
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2022 Terms and Conditions for AmeriCorps State and National Grants
These AmeriCorps (AmeriCorps is the operating name for the Corporation for National and
Community Service) Grant Program Specific Terms and Conditions and the 2022 AmeriCorps
General Terms and Conditions, are binding on the recipient.
TABLE OF CONTENTS
I.
Changes from the 2021 AmeriCorps Grant Terms and Conditions
1
II.
Definitions
2
III.
Affiliation with the AmeriCorps National Service Network
3
IV.
Member Recruitment, Selection, and Exit
3
V.
Supervision and Support
5
VI.
Changes in Member Positions
9
VII.
Release from Participation
11
VIII.
Living Allowances, Other In-Service Benefits, and Taxes
12
IX.
Member Records and Confidentiality
16
X.
Budget and Programmatic Changes
17
XI.
Reporting Requirements
19
XII.
Award Period and Incremental Funding
20
XIII.
Program Income
21
XIV.
Safety
21
XV.
National Service Criminal History Check Training
21
XVI.
Fixed Amount Awards
22
XVII.
Evaluation Plans
23
I.
CHANGES FROM THE 2021 AMERICORPS GRANT TERMS AND CONDITIONS
-
Section XI.B. Changed the due date for the October financial report to align to the Uniform
Guidance.
-
Section XI.E. Emphasized that grantees must submit a quarterly Federal Financial Report
(FFR)/Federal Cash Transaction Report to the Department of Health and Human
Services/Payment Management System (HHS/PMS) as part of the final financial reconciliation
of the grant.
-
Section XV: Updated the link for the required National Service Criminal History Check
Training.
-
Section XVII: Evaluation Plan requirements are now addressed through the Terms &
Conditions of the grant instead of a special condition.
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II.
DEFINITIONS
A.
Recipient, for the purposes of these terms and conditions, the direct recipient of this
award. The recipient is legally accountable to AmeriCorps for the use of award funds, or
member positions, and is bound by the provisions of the award. The recipient is
responsible for ensuring that subrecipients or other organizations carrying out activities
under this award comply with all applicable Federal requirements, including the
AmeriCorps General Terms and Conditions, these specific terms and conditions,
regulations applicable to the program, and the National and Community Service Act of
1990, as amended by the Serve America Act (NCSA).
B.
Planning Grant, for the purposes of these terms and conditions, is an award or subaward
for the planning of a national service program. State Service Commissions may also
award planning grants as part of their Formula Cost Reimbursement prime award.
Planning grants do not include member positions. Planning grants are awarded for a
maximum of one year.
C.
Subrecipient refers to an organization receiving AmeriCorps award funds or member
positions from a recipient of AmeriCorps funds. See 2 CFR § 200.93.
D.
Operating site means the organization that manages the AmeriCorps program and
places members into service locations. State subrecipients (programs) are operating
sites. National recipients must identify at least one operating site to which they can assign
service locations in the state where they are placing members.
E.
Program refers to the activities supported under the award.
F.
Service Location means the organization where or with which a member actually
provides his or her service in the community. Typical service locations are schools, food
banks, health clinics, community parks, etc. The service location may be the same as the
operating site, but only if the member actually serves at or with the operating site
organization. A member may serve at multiple service locations, all of which must be
listed in the Portal, although the program must select only one for the member’s primary
assignment.
G.
Member or participant means an individual:
1.
Who has been selected by a recipient or subrecipient to serve in an approved
national service position;
2.
Who is a U.S. citizen, U.S. national, or lawful permanent resident alien of the United
States;
3.
Who is at least 17 years of age at the commencement of service unless the member
is out of school and enrolled in a full-time, year-round youth corps or fulltime
summer program as defined in the NCSA (42 U.S.C. § 12572 (a)(3)(B)(x)), in which
case he or she must be between the ages of 16 and 25, inclusive, and
4.
Who has received a high school diploma or its equivalent, agrees to obtain a high
school diploma or its equivalent (unless this requirement is waived based on an
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individual education assessment conducted by the program) and the individual did
not drop out of an elementary or secondary school to enroll in the program, or is
enrolled in an institution of higher education on an ability to benefit basis and is
considered eligible for funds under 20 U.S.C. § 1091.
H.
NCSA means the National and Community Service Act of 1990, as amended. See 42
U.S.C. §§ 12501-12657.
III.
AFFILIATION WITH THE AMERICORPS NATIONAL SERVICE NETWORK
A.
Identification as an AmeriCorps Program or Member. Recipients and subrecipients
shall identify their programs or projects as AmeriCorps programs. All agreements with
subrecipients, operating sites, or service locations, related to the AmeriCorps program
must explicitly state that the program is an AmeriCorps program. Similarly, recipients and
subrecipients shall identify all national service members serving in their programs
AmeriCorps members.
B.
The FY 2022 General Terms and Conditions contain all requirements for recognition of
AmeriCorps Support.
IV.
MEMBER RECRUITMENT, SELECTION, AND EXIT
Member recruitment and selection requirements are in AmeriCorps’ regulations at 45 CFR §§
2522.210 and Part 2540, subpart B. In addition, the recipient must ensure that the following
procedures are followed:
A.
Member Listings/Position Descriptions in the My AmeriCorps Portal. Programs must
list all of their member listings/position descriptions by creating Service Opportunity
Listings in the My AmeriCorps Portal.
B.
Application and Other Fees. Charging an application or other fee to a prospective
member to apply to serve as an AmeriCorps member is not allowed. Programs may
charge application fees to prospective members who are applying to their educational
institution or participating in their academic program if such fees are required of all
applicants, but not for applying to serve as an AmeriCorps member. For National
Service Criminal History Checks, AmeriCorps has allowed grant recipients to have
applicants front the cost as long as applicants are reimbursed for the expense. This is for
both applicants that are selected and those that are not.
C.
Enrollment of selected members. The My AmeriCorps Portal is the mechanism
through which programs enter and update member records, including enrolling a
member and recording an individual’s start date. Programs must enter applicants into
the Portal prior to their first day of service and in sufficient time for AmeriCorps to
automatically or manually verify an individual’s Social Security Number and citizenship
eligibility. Program staff must also certify that the future member’s required National
Service Criminal History Check components are completed and adjudicated no later
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than the day before their first day of service. Applicants will not be permitted to enroll in
the National Service Trust prior to those steps occurring.
AmeriCorps expects member enrollments to be completed in the My AmeriCorps Portal
no later than eight (8) days after the start date of the member. An individual is presumed
to be an AmeriCorps member as of the start date reflected in the My AmeriCorps Portal.
Programs are responsible for ensuring the data values they enter via the My AmeriCorps
Portal are accurate and submitted within the required timeframes. AmeriCorps will rely
on the information entered by programs via the My AmeriCorps Portal. The member’s
start of service date indicated on the Member Service Agreement/Contract should
agree with the value entered into the My AmeriCorps Portal.
D.
Notice to AmeriCorps’ National Service Trust. The recipient must notify AmeriCorps’
National Service Trust, via the My AmeriCorps Portal, within 30 days of a member’s
completion of, suspension from, or release from, a term of service. Suspension of
service is defined as an extended period during which the member is not serving, nor
accumulating service hours or receiving AmeriCorps benefits. AmeriCorps members
must complete their own enrollment and exit forms on-line in the My AmeriCorps
Member Portal except in rare cases when the recipient program has received written
approval to waive this requirement from the Director of AmeriCorps State and National
or her/his designee.
The recipient also must notify the Trust, via the My AmeriCorps Portal, when a change in
a member’s term of service is approved and changed (i.e. from full-time to less than
fulltime or vice versa). Failure to report such changes within the required time frames
may result in sanctions to the recipient, up to and including, suspension or termination
of the award. Recipients or subrecipients meet notification requirements by using the
appropriate electronic system to inform AmeriCorps of changes within the required time
frames. Any questions regarding the Trust should be directed to the Hotline (800) 942-
2677.
E.
Parental Consent. Parental or legal guardian consent must be obtained for members
under 18 years of age before members begin a term of service. Recipients may also
include an informed consent form of their own design as part of the member service
agreement materials.
F.
Reasonable Accommodation. Programs and activities must be accessible to persons
with disabilities, and the recipient must provide reasonable accommodation for the
known mental or physical disabilities of otherwise qualified members, service recipients,
applicants, and staff. All selections and project assignments must be made without
regard to the need to provide reasonable accommodation. As such, inquiries about the
need for reasonable accommodation should take place after a member has been
offered an AmeriCorps position. There may be funding available from
AmeriCorps to offset the recipients’ costs on a first come, first serve basis. Please email
Accommodations@cns.gov for more information.
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G. Assigning Members to Service Locations. The recipient is required to ensure that all
operating sites and all service locations are entered in the My AmeriCorps Portal for all
members within eight (8) calendar days of members’ starting a term of service. The
recipient is required to include the name of the organization, and the full address or zip-
plus-four of the service locations where each member will be serving. If a member is
serving at multiple service locations, the program must select as the site where the
member serves the majority of his or her hours as the member’s primary assignment.
However, all service locations must be listed in the Portal.
H.
Completion of Terms of Service. The recipient must ensure that each member has
sufficient opportunity to complete the required number of hours of service to qualify for
the education award. Members must be exited within 30 days of the end of their term of
service. If this grant award expires or is not renewed, a member who was scheduled to
continue in a term of service may either be placed in another program, where feasible,
or if the member has completed at least 15% of the service hour requirement, the
member may receive a pro-rated education award.
While programs have up to 30 days to report a member’s completion of service, for those
individuals intending to re-enroll in AmeriCorps, programs must exit the members before
they can be re-enrolled in another term of service.
I.
Member Exit. In order for a member to receive an education award from the National
Service Trust, the recipient must certify to the National Service Trust that the member
satisfactorily and successfully completed the term of service and is eligible to receive the
education benefit. The recipient (and any individual or entity acting on behalf of the
recipient) is responsible for the accuracy of the information certified on the end-of- term
certification.
Penalties for false information: Any recipient who makes a materially false statement or
representation in connection with the approval or disbursement of an education award or
other payment from the National Service Trust may be liable for the recovery of funds and
subject to civil sanctions. Any individual involved in making a materially false statement
may be subject to criminal sanctions. If AmeriCorps determines that the certification of a
member’s hours is erroneous, the award recipient may be charged for any payment or
potential payment from the National Service Trust. In assessing the amount of the charge,
AmeriCorps shall consider the full facts and circumstances surrounding the erroneous or
incorrect certification. (See 42 U.S.C. §12602a(b)).
V.
SUPERVISION AND SUPPORT
A.
Planning for the Term of Service. The recipient must develop member positions that
provide for meaningful service activities and performance criteria that are appropriate to
the skill level of members. The recipient is responsible for ensuring that the positions do
not include or put the AmeriCorps member in a situation in which the member is at risk
for engaging in any prohibited activity (see 45 CFR § 2520.65), activity that would violate
the nonduplication and nondisplacement requirements (see 45 CFR § 2540.100), or
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exceeding the limitations on allowable fundraising activity (see 45 CFR §§ 2520.40.45).
The recipient must accurately and completely describe the activities to be performed by
each member in a position description. Position descriptions must be provided to
AmeriCorps upon request. The recipient must ensure that each member has sufficient
opportunity to complete the required number of hours to qualify for an education award.
In planning for the member’s term of service, the recipient must account for holidays and
other time off and must provide each member with sufficient opportunity to make up
missed hours.
B.
Member Service Agreements. The recipient must require that each member sign a
member service agreement that includes, at a minimum, the following:
1.
Member position description;
2.
The minimum number of service hours (as required by statute) and other
requirements (as developed by the recipient) necessary to successfully complete the
term of service and to be eligible for the education award;
3.
The amount of the education award being offered for successful completion of the
terms of service in which the individual is enrolling;
4.
Standards of conduct, as developed by the recipient or sub recipient;
5.
The list of prohibited activities, including those specified in the regulations at 45 CFR
§ 2520.65 (see paragraph C, below);
6.
The text of 45 CFR §§ 2540.100(e)-(f), which relates to Nonduplication and
Nondisplacement;
7.
The text of 45 CFR §§ 2520.40-.45, which relates to fundraising by members;
8.
Requirements under the Drug-Free Workplace Act (41 U.S.C. § 701 et seq.);
9.
Civil rights requirements, complaint procedures, and rights of beneficiaries;
10.
Suspension and termination rules;
11.
The specific circumstances under which a member may be released for cause;
12.
Grievance procedures; and
13.
Other requirements established by the recipient.
The recipient should ensure that the service agreement is signed on or before
commencement of service but the effective date will not be before the member is
enrolled in the AmeriCorps Portal.
C.
Prohibited Activities. While charging time to the AmeriCorps program, accumulating
service or training hours, or otherwise performing activities supported by the AmeriCorps
program or AmeriCorps, staff and members may not engage in the following activities
(see 45 CFR § 2520.65):
1.
Attempting to influence legislation;
2.
Organizing or engaging in protests, petitions, boycotts, or strikes;
3.
Assisting, promoting, or deterring union organizing;
4.
Impairing existing contracts for services or collective bargaining agreements;
5.
Engaging in partisan political activities, or other activities designed to influence the
outcome of an election to any public office;
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6.
Participating in, or endorsing, events or activities that are likely to include advocacy
for or against political parties, political platforms, political candidates, proposed
legislation, or elected officials;
7.
Engaging in religious instruction, conducting worship services, providing instruction
as part of a program that includes mandatory religious instruction or worship,
constructing or operating facilities devoted to religious instruction or worship,
maintaining facilities primarily or inherently devoted to religious instruction or
worship, or engaging in any form of religious proselytization;
8.
Providing a direct benefit to—
a.
A business organized for profit;
b.
A labor union;
c.
A partisan political organization;
d.
A nonprofit organization that fails to comply with the restrictions contained in
section 501(c)(3) of the Internal Revenue Code of 1986 related to engaging in
political activities or substantial amount of lobbying except that nothing in
these provisions shall be construed to prevent participants from engaging in
advocacy activities undertaken at their own initiative; and
e.
An organization engaged in the religious activities described in paragraph C.
7. above, unless AmeriCorps assistance is not used to support those religious
activities;
9.
Conducting a voter registration drive or using AmeriCorps funds to conduct a voter
registration drive;
10.
Providing abortion services or referrals for receipt of such services; and
11.
Such other activities as AmeriCorps may prohibit.
In addition to the above activities, the below activities are additionally prohibited:
Census Activities. AmeriCorps members and volunteers associated with AmeriCorps
grants may not engage in census activities during service hours. Being a census taker
during service hours is categorically prohibited. Census-related activities (e.g., promotion
of the Census, education about the importance of the Census) do not align with
AmeriCorps State and National objectives. What members and volunteers do on their
own time is up to them, consistent with program policies about outside employment and
activities.
Election and Polling Activities. AmeriCorps member may not provide services for
election or polling locations or in support of such activities.
AmeriCorps members may not engage in the above activities directly or indirectly by
recruiting, training, or managing others for the primary purpose of engaging in one of the
activities listed above. Individuals may exercise their rights as private citizens and may
participate in the activities listed above on their initiative, on non-AmeriCorps time, and
using non- AmeriCorps funds. Individuals should not wear the AmeriCorps logo while
doing engaging in any of the above activities on their personal time.
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All locations where members serve should post a list of the prohibited activities, when
possible.
D.
Supervision. The recipient must provide members with adequate supervision by
qualified supervisors consistent with the award. The recipient must conduct an
orientation for members, including training on what activities are prohibited during
AmeriCorps service hours, and comply with any pre-service orientation or training
required by AmeriCorps. The recipient must ensure that no more than 20 percent of the
aggregate of all AmeriCorps member service hours are spent in education and training
activities as set forth in 45 CFR § 2520.50.
E.
Teleservice. AmeriCorps members should generally be providing service directly to
the people and in the communities where they serve rather than performing service
remotely. Therefore, teleservice should be limited to certain situations. Teleservice—
like all service—should have appropriate documentation, supervision and oversight.
A grantee may determine that teleservice is appropriate based on the situation (e.g.,
COVID-19 public health emergency) and type of service being delivered (e.g., tutoring
via telephonic or video conference). Teleservice is appropriate only when the activity can
be meaningfully supervised and the hours verified independently. If a grantee or
subgrantee determines that its AmeriCorps members will be allowed to teleserve, the
grantee must establish or update an existing policy to address the following:
•
Expectations of the communication requirements between supervisors and
teleserving members
•
Mitigation of the increased risk of time and attendance abuse
•
Appropriate supervision including validation of the activities to be performed
(and accompaniment, as necessary), and
•
Verification of hours claimed.
Further, the grantee should consider updating its insurance coverage to address legal
liability attribution (for the grantee or tele-serving member) for incidents that occur
during teleservice.
F.
AmeriCorps Members as Team Leaders. Programs may create positions where
AmeriCorps members provide an additional layer of leadership and support for
members under certain conditions. All the activities and prohibitions that apply to
AmeriCorps members also apply to Team Leaders. Team Leaders are not permitted to
act in a staff capacity, including supervising members. Team Leaders must not be
responsible for program development and coordination; however, they may assist by
providing information and resources on best practices or by helping to develop
portions of the program such as the training curriculum. Under no circumstances should
an AmeriCorps member serving as a Team Leader be the individual legally responsible
for the program or other members.
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The Team Leader position description should emphasize activities that involve the
member(s) in performing direct service or providing support to members engaged in
direct service. Unallowable Team Leader activities include: signing member timesheets;
evaluating member performance; disciplining AmeriCorps members;
enrolling/dismissing AmeriCorps members; writing and/or signing program reports;
managing the program’s payroll and budget.
G.
Performance Reviews. The recipient must conduct and keep a record of at least a
midterm and an end-of-term written evaluation of each member’s performance for
fulltime members and an end-of-term written evaluation for all less-than-full-time
members. The end-of-term evaluation should address, at a minimum, the following
factors:
1.
Whether the member has completed the required number of hours;
2.
Whether the member has satisfactorily completed assignments; and;
3.
Whether the member has met other performance criteria that were clearly
communicated at the beginning of the term of service.
H.
Timekeeping. The recipient is required to ensure that time and attendance
recordkeeping is conducted by the AmeriCorps member’s supervisor. This time and
attendance record is used to document member eligibility for in-service and post
service benefits. The recipient must have a timekeeping system that is compliant with 2
CFR § 200.430.
If a Professional Corps program wants to follow the timekeeping practices of its
profession and certify that members have completed the minimum required hours,
excluding sick and vacation days, it must get advance written approval from AmeriCorps
via a special condition on an amendment. If a State Commission Formula-funded
Professional Corps program wants to follow the timekeeping practices of its profession
and certify that members have completed the minimum required hours, excluding sick
and vacation days, it must get advance written approval from the State Commission.
I.
Jury Duty. The grantee must allow AmeriCorps members to serve on a jury without
being penalized for doing so. During the time AmeriCorps members serve as jurors,
they should continue to receive credit for their normal service hours, a living allowance,
healthcare coverage and, if applicable, childcare coverage regardless of any
reimbursements for incidental expenses received from the court.
J.
Member Death or Injury. The recipient must immediately report any member deaths
or serious injuries to the designated AmeriCorps Portfolio Manager.
VI.
CHANGES IN MEMBER POSITIONS
A.
Changes that Require AmeriCorps Approval. Circumstances may arise within a
program that necessitate changing the type of unfilled AmeriCorps member positions
awarded to a recipient or subrecipient, or changing the term of service of a currently
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enrolled member. Note that once a member is exited with a partial education award, the
remaining portion of that education award is not available for use. The following changes
require written approval from AmeriCorps’ Office of Grant Administration as well as
written approval and concurrence from the State Commission or Direct (including
National Direct, State Direct, Tribal, Territory Direct, or Education Award Only (EAP))
recipient:
1.
A change in the number of member service year (MSY) positions in the award and
2.
A change in the funding level of the award.
B.
Changing Types of Unfilled member positions. Recipients or subrecipients may
change the type of member positions awarded to their program if:
1.
The change does not increase the total MSYs authorized in the Notice of Grant
Award (e.g. one half-time position cannot be changed to one full-time position); and
2.
The change does not result in an increase in the aggregate value of the education
award.
Changes in the above types of member positions may be made by the recipient directly
in the My AmeriCorps Portal.
C.
Changing a Term of Service for an enrolled Member. Changes in terms of service for
enrolled members may not result in an increased number of MSYs for the program.
1.
Full-time. State Commissions and National Direct Organizations may authorize or
approve occasional changes of currently enrolled full-time members to less than full-
time members. Impact on program quality should be factored into approval of such
requests. AmeriCorps -provided or funded healthcare or childcare costs are not
available for less than full-time members unless they are serving in a full-time
capacity (see section VIII.D. and E.). Recipients and subrecipients may not transfer
currently enrolled full-time members to a less than full-time status simply to provide
the member a less than full-time education award.
2.
Less than Full-time. AmeriCorps discourages changing less than fulltime members
to full-time because it is very difficult to manage, unless done very early in the
member’s term of service. State Commissions and Direct recipients (including
National Direct, State Direct, Tribal, Territory Direct, and Education Award Only
recipients) may authorize or approve such changes so long as their current budget
can accommodate such changes. Programs must keep in mind that a member’s
minimum 1700 hours must be completed within 12 months of the member’s original
start date.
D.
Refilling Member Position. With the exception of recipients whose awards have special
conditions under 2 CFR §§ 200.208 or 200.339, AmeriCorps State and National programs
that have fully enrolled their awarded member positions are allowed to replace any
member who terminates service before completing 30 percent of his/her term provided
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that the member who is terminated is not eligible for and does not receive a pro-rated
education award. Programs may not refill the same member position more than once.
As a fail-safe mechanism to ensure that resources are available in the National Service
Trust to finance all earned education awards, AmeriCorps will suspend refilling if either:
a.
Total AmeriCorps enrollment reaches 97 percent of awarded member
positions; or
b.
The number of refills reaches five percent of awarded member positions.
Refill member positions may not be transferred between operating sites. Refilled member
positions may not be combined with unfilled member positions.
E.
Formula and State Competitive Award Member Position Transfers. State
commissions are allowed to transfer member positions (i.e., slots) among their state
formula and competitive subrecipients within a given prime grant in order to maximize
enrollment and cost effectiveness without prior approval. State commissions may not
transfer member positions between competitive and formula subrecipients, or vice-versa.
State commissions may not transfer funds among their competitive subrecipients.
Moving member positions from one formula prime grant to another formula prime grant
requires prior approval, via amendments to both prime grants.
F.
Notice to Childcare and Healthcare Providers. Recipients and subrecipients must
immediately notify AmeriCorps’ designated agents, in writing, when a member’s status
changes in a manner that affects their eligibility for childcare or healthcare. See Section
VIII.D.
VII.
RELEASE FROM PARTICIPATION
Recipients may release members from participation for two reasons: (a) for compelling
personal circumstances; and (b) for cause. See 45 CFR § 2522.230 for requirements. Whether
the reason for the release amounts to circumstances beyond the member’s control is
determined by the grant recipient, consistent with the criteria listed in 45 CFR § 2522.230(a).
Failure to follow the requirements set forth in regulation (e.g., releasing an individual for a non-
compelling personal circumstance, such as when the individual is leaving to go to school) is
considered non-compliance with award requirements and may result in disallowed costs and
other remedies for non-compliance. The recipient should retain the documentation supporting
its determination that release for compelling personal circumstances is warranted. In addition
to the regulations, the following applies:
No Automatic Disqualification if Released for Cause: A release for cause covers all
circumstances in which a member does not successfully complete his/her term of service for
reasons other than compelling personal circumstances. Therefore, it is possible for a member
to receive a satisfactory performance review and be released for cause. For example, a
member who is released for cause from a first term–e.g. the individual has decided to take a
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job offer–but who otherwise performed well would not be disqualified from enrolling for a
subsequent term as long as the individual received a satisfactory performance evaluation for
the first period of service.
Compelling Personal Circumstance for Pregnancy/Childbirth: Pregnancy and/or childbirth
could be determined by the grantee to be compelling personal circumstances if the member
requests it. The program cannot require a member to justify wanting to leave a term of service
for pregnancy. Likewise, a program cannot require that a member leave their term of service
due to a pregnancy – that would be an instance of discrimination on the basis of gender in
violation of AmeriCorps’ anti-discrimination policy. A full-time member might qualify under the
Family Medical Leave Act if the member is covered, or the program could suspend the
member so that the member can return some time in the future (within 2 years) to complete
their term of service.
VIII.
LIVING ALLOWANCES, OTHER IN-SERVICE BENEFITS, AND TAXES
Requirements related to member living allowances and benefits are in 45 CFR §§ 2522.240
and 2522.250. In addition, recipients must ensure that the following procedures are followed:
A.
Allowance Distribution. A living allowance is not a wage. Recipients must not pay a
living allowance on an hourly basis. Recipients should pay the living allowance in regular
increments, such as weekly or bi-weekly, paying an increased increment only on the basis
of increased living expenses such as food, housing, or transportation. Payments should
not fluctuate based on the number of hours served in a particular time period and must
cease when the member’s service ceases.
If a member serves all required hours and is permitted to conclude his or her term of
service before the originally agreed upon end of term, the recipient may not provide a
lump sum payment to the member. Similarly, if a member is selected after the program’s
start date, the recipient must provide regular living allowance payments from the
member’s start date and may not increase the member’s living allowance incremental
payment or provide a lump sum to make up any missed payments.
Education Award Program Fixed Amount awards (EAPs) may provide a living allowance or
other in-service benefits to their members, but are not required to do so. Full-cost and
other Fixed Amount recipients must provide a living allowance and other benefits to their
full-time members.
B.
Waiving the Living Allowance. If a living allowance is paid, a member may waive all or
part of the payment of a living allowance if, for example, he or she believes his or her
public assistance may be lost or decreased because of the living allowance. Even if a
member waives his or her right to receive the living allowance, it is possible—depending
on the specific public assistance program rules—that the amount of the living allowance
that the member is eligible to receive will be deemed available. A member who has
waived the living allowance may revoke the waiver at any time and may begin receiving
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the living allowance going forward from the date the individual revoked the waiver. A
member may not receive any portion of the living allowance for the period of time the
living allowance was waived.
C.
Taxes and Insurance.
1.
Liability Insurance Coverage. The recipient is responsible for ensuring adequate
general liability coverage for the organization, employees and members, including
coverage of members engaged in on- and off-site project activities.
2.
FICA (Social Security and Medicare taxes). Unless the recipient obtains a ruling from
the Social Security Administration or the Internal Revenue Service that specifically
exempts its AmeriCorps members from FICA requirements, the recipient must pay
FICA for any member receiving a living allowance. The recipient also must withhold
7.65% from the member’s living allowance.
3.
Income Taxes. The recipient must withhold Federal personal income taxes from
member living allowances, requiring each member to complete a W-4 form at the
beginning of the term of service and providing a W-2 form at the close of the tax
year. The recipient must comply with any applicable state or local tax requirements.
4.
Worker’s Compensation. Some states require worker’s compensation for
AmeriCorps members. Recipients must check with State Departments of Labor or
state commissions to determine worker’s compensation requirements. If worker’s
compensation is not required, recipients must obtain Occupational, Accidental, and
Death and Dismemberment coverage for members to cover in- service injury or
incidents.
5.
Unemployment Insurance. The U.S. Department of Labor ruled on April 20, 1995
that federal unemployment compensation law does not require coverage for
members because no employer-employee relationship exists. The grantee may not
charge the cost of unemployment insurance taxes to the grant unless mandated by
state law. Programs are responsible for determining the requirements of state law by
consulting their State Commission, legal counsel, or the applicable state agency.
D.
Healthcare Coverage. Except for EAPs, Professional Corps, or members covered under
a collective bargaining agreement, the recipient must provide, or make available,
healthcare insurance to those members serving a 1700-hour full-time term who are not
otherwise covered by a healthcare policy at the time the member begins his/her term of
service. The recipient must also provide, or make available, healthcare insurance to
members serving a 1700-hour full-time term who lose coverage during their term of
service as a result of service or through no deliberate act of their own. AmeriCorps will
not cover healthcare costs for dependent coverage.
Less-than-full-time members who are serving in a full-time capacity for a sustained period
of time (e.g. a full-time summer project) are eligible for healthcare benefits. Programs
may provide health insurance to less-than- full-time members serving in a full-time
capacity, but they are not required to do so. For purposes of this provision, a member is
serving in a full-time capacity when his/her regular term of service will involve performing
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service on a normal full-time schedule for a period of six weeks or more. A member may
be serving in a full-time capacity without regard to whether his/her agreed term of service
will result in a full-time Segal AmeriCorps Education Award.
Any of the following health insurance options will satisfy the requirement for health
insurance for full-time AmeriCorps members (or less than fulltime members serving in a
full-time capacity): staying on parents’ or spouse plan; insurance obtained through the
Federal Health Insurance Marketplace of at least the Bronze level plan; insurance
obtained through private insurance broker; Medicaid, Medicare or military benefits.
AmeriCorps programs purchasing their own health insurance for members must ensure
plans are minimum essential coverage (MEC) and meet the requirements of the
Affordable Care Act.
On Friday May 2, 2014 the U.S. Department of Health and Human Services (HHS)
announced a Special Enrollment Period (SEP) for members in AmeriCorps State and
National programs, who are not provided health insurance options or who are provided
short-term limited duration coverage or self-funded coverage not considered MEC.
Members in the AmeriCorps State and National programs and their dependents in the
Federally-facilitated Marketplace (FFM) are eligible to enroll in Marketplace coverage
when they experience the following triggering events:
•
On the date they begin their service terms; and
•
On the date they lose any coverage offered through their program after their
service term ends. (Source: 45 CFR § 155.420(d)(9)).
Members have 60 days from the triggering event to select a plan.
Coverage effective date is prospective based on the date of plan selection. A copy of the
HHS Notice, which provides instructions on how to activate the special enrollment
period is available at https://www.cms.gov/CCIIO/Resources/Regulations-and-
Guidance/Downloads/SEP-and-hardship-FAQ-5-1-2014.pdf. Members can also visit
healthcare.gov for additional information about special enrollment periods:
https://www.healthcare.gov/coverage-outside- open enrollment-enrollment-period/.
If coverage is being provided via the Healthcare Marketplace, and thus third-party
payment is not an option, programs must develop a process to reimburse members for
monthly premiums. Reimbursements for health insurance premiums are considered
taxable income for the member, and programs must have a way to document such
reimbursements.
E.
Temporary Leave, Healthcare, and Benefits. If temporary leave is appropriate,
grantees have the flexibility to determine the duration of the absence and may choose to
continue providing health or other benefits to the member during the period of absence.
The member may be suspended (via compelling personal circumstances) during the
period of temporary leave. If suspended, the member may not receive a living allowance.
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The length of the leave should be based on two considerations: (1) the circumstances of
the situation; and (2) the impact of the absence on the member’s service experience and
on the overall program. If the disruption would seriously compromise the member’s
service experience or the quality of the program as a whole, then the grantee may offer
the member the option of rejoining the program in the next class or completely
withdrawing from the program.
The Federal Family Medical Leave Act, (FMLA) applies to full-time staff and members that
have served for more than 12 months and at least 1,250 hours when the grantee has 50
or more employees/members at a work/service site per 29 U.S.C. 2611. See 42 U.S.C.
12631; 45 CFR § 2540.220.
F.
Administration of Childcare Payments. In general, AmeriCorps will provide for
childcare payments, which will be administered through an outside contractor.
Requirements and eligibility criteria are in the AmeriCorps regulations, 45 CFR §
2522.250. AmeriCorps will not cover childcare costs for members who serve on a less
than full-time basis for a sustained period of time, or who have ceased serving. Programs
may provide childcare to less-than-full-time members serving in a full-time capacity, but
they are not required to do so. Recipients that choose to provide childcare and will claim
the costs of childcare as matching costs, as approved in their budget, may contact the
childcare contractor for technical assistance. The criteria for member eligibility are
contained in 45 CFR § 2522.250. Also, see the AmeriCorps Childcare Benefits Program
website
(https://americorpschildcare.com/) for more detailed information on childcare benefits.
G.
Notice to Childcare Benefit Administrator and Providers. The program must notify
AmeriCorps’ designated agents in writing within five business days after a member’s
status changes in a manner that affects the member’s eligibility for childcare. After five
days, the recipient will be liable for any erroneous payments made to a childcare provider
for an AmeriCorps member ineligible to receive AmeriCorps childcare benefits.
Examples of changes in status include: changes to a member's scheduled service so that
he/she is no longer serving on a full-time basis, terminating or releasing a member from
service, suspending a member for cause for a lengthy or indefinite time period,
temporarily suspending a member for cause and/or other disciplinary actions, and/or any
other change in the member’s service status that could have an impact on childcare
benefit eligibility. Program directors should contact the childcare provider on childcare
related changes.
H.
Time off for Members Serving in the Armed Forces Reserves. Generally, the Reserve
Components of the U.S. Army, U.S. Navy, U.S. Air Force, U.S. Marine Corps, U.S. Coast
Guard, the Army National Guard, and the Air National Guard require reservists to serve
one weekend a month (inactive duty/Drill) plus 12 to 15 days a year (hereafter referred to
as the two-week active duty service). To the extent possible, grantees should seek to
minimize the disruption in members’ AmeriCorps service as a result of discharging
responsibilities related to their reservist duties. If members have a choice of when to fulfill
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their annual two-week active duty requirement, they should do so when it will not disrupt
their AmeriCorps service. In instances where the dates of active duty are inflexible and
conflict with AmeriCorps service, members should be granted a leave of absence for the
two-week period of active duty service in the Reserves. Grantees should continue to pay
the living allowance and provide health care and childcare coverage for the two-week
period of active duty.
Grantees should credit members for AmeriCorps service hours during their two weeks of
active duty service in the Reserves if it occurs during their AmeriCorps service. The
member would receive credit for the number of hours he or she would have served
during that period had there been no interruption. For example, if a full-time member is
signed up to serve 30 hours of AmeriCorps service one week and 40 hours of
AmeriCorps service on the following week, she or he would receive 70 hours of
AmeriCorps service credit for the two weeks of active duty service regardless of the actual
number of hours served in the Reserves. Members may not receive AmeriCorps service
hours for additional Reserves-related service beyond the two-week active duty service.
No AmeriCorps service credit is earned for the once-a-month weekend (inactive
duty/Drill) service in the Reserves.
Reservists in the U.S. Armed Forces receive compensation for their mandatory two weeks
of active duty service. The compensation regulations governing the Army and Air
National Guard may vary by state.
IX.
MEMBER RECORDS AND CONFIDENTIALITY
A.
Recordkeeping. The recipient must maintain records, including the position description,
sufficient to establish that each member was eligible to participate and that the member
successfully completed all program requirements. A program may store member files
electronically and use electronic signatures if the program can ensure the validity and
integrity of the record and signature is maintained.
The program’s electronic storage procedures and system must provide for the
safekeeping and security of the records, including:
1.
Sufficient prevention of unauthorized alterations or erasures of records;
2.
Effective security measures to ensure that only authorized persons have access to
records;
3.
Adequate measures designed to prevent physical damage to records; and
4.
A system providing for back-up and recovery of records; and
The electronic storage procedures and system provide for the easy retrieval of records in
a timely fashion, including:
1.
Storage of the records in a physically accessible location;
2.
Clear and accurate labeling of all records; and
3.
Storage of the records in a usable, readable format.
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B.
Verification of Eligibility. Unless an individual’s social security number and citizenship
are verified through the My AmeriCorps Portal, the recipient must obtain and maintain
documentation as required by 45 CFR § 2522.200(c). Programs that receive notice that
one of their members was not verified – either the member’s social security number or
their citizenship was not verified – must provide the requested documentation to
AmeriCorps or they will not be able to enroll the applicant in the program. Enrolling in
the My AmeriCorps Portal requires members to certify their high school status. Such
certification fulfills the recipient’s verification requirement to obtain and maintain
documentation from the member relating to the member’s high school education. If the
member is incapable of obtaining a high school diploma or its equivalent, as determined
by an independent evaluation, the recipient must retain a copy of the supporting
evaluation.
C.
Confidential Member Information. The recipient must maintain the confidentiality of
information regarding individual members. The recipient must obtain the prior written
consent of all members before using their names, photographs and other identifying
information for publicity, promotional or other purposes. Recipients may release
aggregate and other non-identifying information and are required to release member
information to AmeriCorps and its designated contractors. The recipient must permit a
member who submits a written request for access to review records that pertain to the
member and were created pursuant to this award.
D.
National Service Criminal History Check. The specific requirements of the National
Service Criminal History Check, including the timing and recordkeeping requirements,
are specified at 45 CFR §§ 2540.201 - .207. See also
https://americorps.gov/granteessponsors/history-check for more information on how to
correctly conduct and document the NSCHC. You must maintain documentation of the
NSCHC, including the results or summary of the component checks. Failure to adhere to
the NSCHC requirements may result in sanctions, including disallowance of all or part of
the costs associated with the non-compliance or other remedies that may be legally
available (see 2 CFR § 200.339).
X.
BUDGET AND PROGRAMMATIC CHANGES
A.
Programmatic Changes. The recipient must first obtain the prior written approval of the
AmeriCorps Portfolio Manager before making any of the following changes (1-3):
1.
Changes in the scope, objectives or goals of the program, whether or not they
involve budgetary changes;
2.
Substantial changes in the level of member supervision;
3.
Entering into additional sub awards or contracts for AmeriCorps activities funded by
the award, but not identified or included in the approved application and award
budget.
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Upon notification to the AmeriCorps Portfolio Manager, recipients may make
programmatic changes due to, or in response to, an officially-declared state or national
disaster without written approval from AmeriCorps. As soon as practicable, recipients
making disaster-related programmatic changes must discuss the recordkeeping, member
activities, performance measure adjustments, and other AmeriCorps award requirements
with the AmeriCorps Portfolio Manager. While written approval from AmeriCorps is not
required before making disaster-related programmatic changes, AmeriCorps reserves
the right to limit or deny disaster-related programmatic changes, including disallowing
costs associated with the disaster related activities.
B.
Program Changes for Formula Programs. State Commissions are responsible for
approving the above changes for state formula programs.
C.
Budgetary Changes. The recipient must obtain the prior written approval of
AmeriCorps’ Office of Grant Administration before deviating from the approved budget
in any of the following ways:
1.
Specific Costs Requiring Prior Approval before Incurrence under the uniform
administrative requirement, cost principles, and audit requirements for Federal
awards at 2 CFR Parts 200 and 2205. Certain cost items in 2 CFR Parts 200 and 2205
require approval of the awarding agency for the cost to be allowable such as
preaward costs. Please ensure you consult the regulations prior to incurring costs to
ensure allowability.
2.
Purchases of Equipment over $5,000 using award funds, unless specified in the
approved application and budget.
3.
Unless the AmeriCorps share of the award is $100,000 or less, changes to
cumulative and/or aggregate budget line items that amount to 10 percent or more
of the total budget must be approved in writing in advance by AmeriCorps. The
total budget includes both the AmeriCorps and recipient shares. Recipients may
transfer funds among approved direct cost categories when the cumulative amount
of such transfers does not exceed 10 percent of the total budget.
D.
Approvals of Programmatic and Budget Changes. AmeriCorps’ Portfolio Managers
are the only officials who have the authority to alter or change the terms and conditions or
requirements of the award. Portfolio Manager will execute written amendments, and
recipients should not assume approvals have been granted unless documentation from
the Office of Grant Administration (OGA) has been received via a Notice of Grant Award.
Programmatic changes also require final approval of AmeriCorps’ OGA after written
recommendation for approval is received from the Portfolio Manager.
E.
Exceptions for Fixed Amount Awards. Recipients with Fixed Amount awards are not
subject to the requirements in Section C., Budgetary Changes, above.
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XI.
REPORTING REQUIREMENTS
This section applies only to the recipient. The recipient is responsible for timely submission of
periodic financial and progress reports during the project period and a final programmatic and
financial report. The recipient is responsible for setting submission deadlines for its respective
subrecipients that ensure the timely submission of recipient reports.
A.
Recipient Progress Reports. The recipient shall complete and submit annual progress
reports in eGrants to report on progress toward achievement of its approved
performance targets.
For AmeriCorps program grants (grants that include member positions), the Progress
Report schedule is as follows:
Due Date
Reporting Period Covered
November 30
Start of award year through September 30
AmeriCorps planning grants awarded directly by AmeriCorps submit only a Final
Progress Report (see section F).
B.
Financial Reports. The recipient shall complete and submit financial reports in eGrants
(Financial Status Reports on menu tree) to report the status of all funds. The recipient
must submit timely cumulative financial reports in accordance with AmeriCorps
guidelines according to the following schedule:
Due Date
Reporting Period Covered
April 30
Start of award through March 31
October 30
April 1 – September 30
AmeriCorps planning grants awarded directly by AmeriCorps submit only a Final
Financial Report (see section E).
All recipients, including Fixed Amount recipients, must submit the Federal Financial
Report (FFR) - Cash Transactions Report on a quarterly basis to the Department of Health
and Human Services Payment Management System (PMS) per the Electronic Funds
Transfer Agreement.
C.
Reporting Other Federal Funds. The recipient shall report the amount and sources of
federal funds, other than those provided by AmeriCorps, claimed as matching funds. This
includes other federal funds expended by subrecipients and operating sites and claimed
as match. This information shall be reported annually on the financial report due October
31st or at the time the final financial report is submitted if the final report is due prior to
October 31st. Fixed Amount recipients are not required to report this information.
D.
Requests for Extensions. Each recipient must submit required reports by the given
dates. Extensions of reporting deadlines will be granted only when: 1) the report cannot
20
be furnished in a timely manner for reasons, in the determination of AmeriCorps,
legitimately beyond the control of the recipient; and, 2) AmeriCorps receives a written
request explaining the need for an extension before the due date of the report.
Extensions of deadlines for financial reports may only be granted by the AmeriCorps
Portfolio Manager, and extensions of deadlines for progress reports may only be granted
by the AmeriCorps Portfolio Manager.
E.
Final Financial Reports. Recipients completing the final year of their award must submit,
in lieu of the last semi-annual financial report, a final financial report in eGrants. This final
financial report is due no later than 120 days after the end of the project period.
Additionally, grantees must submit a quarterly FFR/Federal Cash Transaction Report to
PMS no later than 120 days after the end of the period of performance.
F.
Final Progress Reports. A recipient must submit, in addition to the last annual progress
report, a final progress report. This final report is due no later than 120 days after the end
of the period of performance.
G.
Financial Reports for Fixed Amount Awards. Fixed Amount recipients are not required
to submit financial reports to AmeriCorps, including the final financial report.
XII.
AWARD PERIOD AND INCREMENTAL FUNDING
For the purpose of this award, a project period is the complete length of time the recipient is
proposed to be funded to complete approved activities under the award. A project period
may contain one or more budget periods. A budget period is a specific interval of time for
which Federal funds are being provided to fund a recipient’s approved activities and budget.
Unless otherwise specified, the award covers a three-year project period. In approving a
multiyear project period, AmeriCorps generally makes an initial award for the first year of
operation. Additional funding is contingent upon satisfactory performance, a recipient’s
demonstrated capacity to manage an award and comply with award requirements, and the
availability of Congressional appropriations. AmeriCorps reserves the right to adjust the
amount of an award or elect not to continue funding for subsequent years. The project period
and the budget period are noted on the award document.
A planning grant covers a one-year project period.
The member enrollment period is the time period during which a program may enroll
individuals as AmeriCorps members. The enrollment period for subrecipients and operating
sites may not exceed one year.
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XIII.
PROGRAM INCOME
A.
General. Income, including fees for service earned as a direct result of the award-funded
program activities during the award period, must be retained by the recipient and used
to finance the award’s non- AmeriCorps share.
B.
Excess Program Income. Program income earned in excess of the amount needed to
finance the recipient share must follow the appropriate requirements of 2 CFR Part 200
and be deducted from total claimed costs. Recipients that earn excess income must
specify the amount of the excess in the comment box on the financial report.
C.
Fees for Service. When using assistance under this award, the recipient may not enter
into a contract for or accept fees for service performed by members when:
1.
The service benefits a for-profit entity,
2.
The service falls within the other prohibited activities set forth in these award
provisions, or
3.
The service violates the provisions of 42 U.S.C. § 12637 – Nonduplication and
Nondisplacement.
D.
Full-Cost and Professional Corps Fixed Amount Awards. The recipient must notify its
AmeriCorps Portfolio Manager if it earns program income in excess of the amounts
needed to cover all expenditures under the award. The AmeriCorps Portfolio Manager
will determine the disposition of the excess program income.
XIV.
SAFETY
The recipient must institute safeguards as necessary and appropriate to ensure the safety of
members. Members may not participate in projects that pose undue safety risks.
XV.
NATIONAL SERVICE CRIMINAL HISTORY CHECK TRAINING
All recipients and subrecipients must complete and retain a certificate of completion of the
AmeriCorps’ National Service Criminal History Check (NSCHC) e-course training every year to
ensure that recipients and subrecipients conducting criminal history background checks
comply with all NSCHC requirements. The AmeriCorps designated e-course provides a
thorough overview of the requirements and can be found at:
https://americorpsonlinecourses.litmos.com. Each grant recipient and subrecipient must
identify at minimum one staff person who has some responsibility for NSCHC compliance to
fulfill this requirement on behalf of the grant recipient or subrecipient. The grant recipient and
subrecipient must retain the certificate of completion and assign staff to retake the course
annually prior to the expiration of the certificate. Grant recipients and subrecipients should
save certificates of completion from each year as grant records.
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XVI.
FIXED AMOUNT AWARDS
Fixed Amount awards are not subject to the cost principles in 2 CFR, Part 200, Subpart E. Fixed
Amount awards must comply with the remaining provisions of 2 CFR Part 200, including
Subpart F relating to audit requirements. Fixed Amount awards include Education Award
program (EAP) Fixed Amount awards, Professional Corps Fixed Amount awards, and Full-cost
Fixed Amount awards.
For Education Award programs (EAP), the fixed federal assistance amount of the award is
based on the approved and awarded number of full-time members specified in the award. For
full-cost and Professional Corps Fixed Amount awards, the fixed federal assistance amount of
the award is based on the approved and awarded numbers of full-time members and the
members’ completion of their terms of service.
For EAPs, the final amount of award funds that the recipient may retain is dependent upon the
recipient’s notifying AmeriCorps’ National Service Trust of the members that it has enrolled. All
EAP members must carry out activities to achieve the specific project objectives as approved
by AmeriCorps. At closeout, AmeriCorps will calculate the final amount of the award based on
documentation provided to the National Service Trust. AmeriCorps will recover any amounts
drawn down by the recipient in excess of the final award amount allowed based on member
selection documentation in the My AmeriCorps Portal.
For full-cost and Professional Corps fixed amount awards, the recipient may draw funds from
the HHS Payment Management System based on the number of members who complete a full
term of service or if the member leaves before completing service, a pro-rated amount based
on hours served. Bi-annually, in some cases quarterly, and at closeout, AmeriCorps will
calculate the final amount of the award for the year or entire project period (at closeout) based
on the number of successfully completed terms of service (as certified by the program) as well
as the hours served that were not certified as successfully completed.
The CARES Act provides flexibilities for fixed amount grants with members affected by COVID-
19: c) No Required Return of Grant Funds.--Notwithstanding section 129(l)(3)(A)(i) of the
National and Community Service Act of 1990 (42 U.S.C. 12581(l)(3)(A)(i)), the Chief Executive
Officer of the Corporation for National and Community Service may permit fixed-amount grant
recipients under such section 129(l) to maintain a pro rata amount of grant funds, at the
discretion of the Corporation for National and Community Service, for participants who exited,
were suspended, or are serving in a limited capacity due to COVID-19, to enable the grant
recipients to maintain operations and to accept participants. This flexibility will end when the
CARES Act expires.
XVII.
EVALUATION PLANS
If an AmeriCorps State competitive subgrantee or National/Tribal grantee has received at least
three years of competitive funding for a project, they are required to submit an evaluation plan
when they recompete for competitive AmeriCorps funding for the same project. The
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evaluation plans are reviewed and approved by AmeriCorps. Any evaluation plan that is not
approved in its first submission must be revised and resubmitted for approval. The evaluation
plan must receive final approval by AmeriCorps no later than August 31 of the year following
the grant award. Please see the AmeriCorps State and National Evaluation Frequently Asked
Questions for more information on evaluation requirements:
https://americorps.gov/sites/default/files/document/2019_10_01_AmeriCorps_State_and_Nati
onal_Evaluation_FAQs_ASN.pdf.