Created by: Candace Hollingsworth
Modified on: November 11, 2022
Modified on: November 11, 2022
CHANGES TO THE 2020 TERMS & CONDITIONS
From AMERICORPS effective May 5, 2020 – TCN has added some of the pertinent language – see full T&C for guidance.
I. CHANGES FROM THE 2019 AMERICORPS GRANT TERMS AND CONDITIONS
For your convenience, we have identified changes from last year’s AmeriCorps State and National grant terms and conditions. The list below is general and informational in nature, not comprehensive. We reiterate the importance of reviewing all award terms and conditions, because recipients are responsible for knowing, understanding, and complying with all award terms and conditions.
The following revisions were made to the 2019 AmeriCorps Grant Terms and Conditions:
Added references to Portfolio Managers, applicable to awards that have transitioned to the regions, as opposed to the Grants Officer or Program Officer, applicable to awards that have not yet transitioned.
Changed Office of Grants Management to Office of Grant Administration (OGA) and updated Grants Officer titles to Grants Award Specialist.
Section IV.B. – Added the Application and Other Fees section.
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, CNCS 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.
Section IV.C. – Re-titled the section from pre-enrollment of selected member to enrollment of selected members. Added enrollment must be completed no later than 8 calendar days from the member’s start date.
Section IV.F. – Changed to funding may be available for reasonable accommodation, from is available.
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 CNCS to offset the recipients’ costs on a first come, first serve basis. Please email Accommodations@cns.gov for more information.
Section IV.H. – Added programs must exit members before being re-enrolled in another term of service.
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.
Section V.B. – Added the start date in the Portal is the effective date of the service agreement.
Section V.C. – Added Census Activities and Election and Polling Activities to the list of prohibited activities.
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.
Section V.C. – Added when possible for posting a list of prohibited activities.
Section V.E. – Added the section on Teleservice.
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 teleserving member) for incidents that occur during teleservice.
Section V.F. – Added the section on AmeriCorps members as Team Leaders.
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.
Section V.I. – Added the section on Jury Duty.
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.
Section VI.C.1. – Added healthcare or childcare costs are not available for less than full-time members unless serving in a full-time capacity.
Section VII. – Added Compelling Personal Circumstances for Pregnancy/Childbirth.
Section VIII.C.5 – Added Unemployment Insurance.
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.
Section VIII.E. – Added the section on Temporary Leave, HealthCare, and Benefits.
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.
Section VIII.F. – Removed reference to FAQs to AmeriCorps Childcare Website.
Section XI.A. – Added program reporting requirements for AmeriCorps planning grants.
Section XI.B. – Added financial reporting requirements for AmeriCorps planning grants.
Section XVI – Changed the name from full-time fixed amount awards to full-cost fixed amount awards. (Removed references to full-time fixed amount grants throughout.)
Section XVI – Added CARES act language for fixed amount grants with members affected by COVID-19.
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
XVII – Removed the section on Breaches of Personally Identifiable Information as it exists in the General Terms and Conditions.
