2023 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 2023 AmeriCorps

General Terms and Conditions, are binding on the recipient.

Table of Contents

I. CHANGES FROM THE 2022 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 .................................................................................................................. 18

XII. AWARD PERIOD AND INCREMENTAL FUNDING ................................................................................. 19

XIII. PROGRAM INCOME .................................................................................................................................. 20

XIV. SAFETY ....................................................................................................................................................... 20

XV. NATIONAL SERVICE CRIMINAL HISTORY CHECK TRAINING ............................................................. 21

XVI. KEY CONCEPTS OF FINANCIAL GRANTS MANAGEMENT TRAINING .............................................. 21

XVII. FIXED AMOUNT AWARDS ....................................................................................................................... 21

XVIII. EVALUATION PLANS ................................................................................................................................ 22

I. CHANGES FROM THE 2022 AMERICORPS GRANT TERMS AND CONDITIONS

- Section VIII.H: Added language for the extension of leave of absence for Reservist/Guard

members

- Section IX. Corrected citations, added a link for guidance, and added information related to

planning grants

- Section XI. Removed the HHS/PMS reporting requirements

- Section XI.C: Corrected the due date for reporting other federal funds to align with the FFR

due date

- Section XVI: Added annual Key Concepts of Financial Grants Management

eCourse requirement

- Section XVII: Removed references to the CARES Act, with the announced expiration of the

federal public health emergency

- Section XVII: Replaced AmeriCorps calculating final award amounts with the Fixed Award

Certification submitted by prime grantees at closeout

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,

and/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 and/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

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 2023 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 applicant’s required National Service Criminal History Check

components are completed and adjudicated no later 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 additional funding available from AmeriCorps to

offset the recipients’ costs on a first come, first serve basis. Please email

[email protected] for more information.

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

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

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. T

he text of as 45 CFR § 2520.40 and 45 CFR § 2520.45, which relates to fundraising

by members;

8. R

equirements 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;

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.

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—

must have appropriate documentation, supervision and oversight.

A grantee may determine that teleservice is appropriate based on the situation and type

of service being delivered. 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

• 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.

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 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

fulltime 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

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 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

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 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. Members can

also visit healthcare.gov and

https://www.cms.gov/CCIIO/Resources/Regulations-a

nd-

Guidance/Downloads/SEP-and-hardship-FAQ-5-1-2014.pdf for additional information

about special enrollment periods.

If coverage is being provided via the Healthcare Marketplace, and thus third-p

arty

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.

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 AmeriCor

ps Childcare Benefits Program

website (https://americorpschildcare.com/) for more detailed information on childcare

benefits.

G. N

otice 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

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. For a Reservist/Guard member serving more than two weeks active duty in a

year, a grantee may elect to provide an extension to the leave of absence period on a case

by case basis, after consultation with AmeriCorps. 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.

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. C

onfidential 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 § 2540.200-207. See also https://americorps.gov/grantees-

sponsors/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).

Recipients or subrecipients of AmeriCorps planning grants, defined at 45 CFR § 2521.20,

are not included as entities required to comply with NSCHC listed under 45 CFR §

2540.200.

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.

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

pre-award 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 Managers 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.

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. Project Progress Reports. The recipient shall complete and submit annual project

progress reports (PPRs) in eGrants to report on progress toward achievement of its

approved performance targets.

For AmeriCorps program grants (grants that include member positions), the Project

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 Project

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).

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

30 or at the time the final financial report is submitted if the final report is due prior to

October 30. 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

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.

F. Final Project Progress Reports. A recipient must submit, in addition to the last annual

project progress report, a final project 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.

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) eCourse training every year to

ensure that recipients and subrecipients conducting criminal history background checks comply

with all NSCHC requirements. The AmeriCorps designated eCourse provides a thorough

overview of the requirements and can be found at:

https://americorpsonlinecourses.litmos.com?C=325500. 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.

XVI. KEY CONCEPTS OF FINANCIAL GRANTS MANAGEMENT TRAINING

All recipients and subrecipients must complete and retain a certificate of completion of the

AmeriCorps’ Key Concepts of Financial Grants Management eCourse training every year to

ensure that recipients and subrecipients are aware of major financial grants management

requirements for all federal recipients and subrecipients. The AmeriCorps designated eCourse

provides a thorough overview of the requirements and can be found

at: https://americorpsonlinecourses.litmos.com/account/login/?C=7513619

Each grant recipient and subrecipient must identify at minimum one staff person who has some

responsibility for financial grants management 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 must save certificates of completion from each year

as grant records.

XVII. 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 use the Fixed Award Certification submitted by prime

grantees that certifies all funds drawn do not exceed the amount earned based on the number of

members enrolled.

For full-c

ost 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. At closeout, AmeriCorps will use the Fixed Award Certification submitted by prime

grantees that certifies all funds drawn do not exceed the amount earned based on the number of

hours served by the members.

XVIII. EVALUATION PLANS

If an AmeriCorps State competitive subgrantee or National and Native Nation/Indian Tribe

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 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. More information on AmeriCorps State and National evaluation

requirements is available at State and National Direct Grantees | AmeriCorps.