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Minimize Your Risk through National Service Criminal History Checks

(Part 1 of 2)

Corporation for National and Community Service, Office of Grants Management,

Washington, D.C.Douglas Godesky, Senior Grants Officer

Tom Bryant, Associate General Counsel

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Agenda for Part 1 of 2 Requirements Over Time Identifying Covered Individuals Checks for Different Types of Contact Update on Regulations Questions

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Date Covered Individual Hired or Service Began

Must identify the covered individuals in each program:

Before November 23, 2007*

November 23, 2007 – September 30, 2009

October 1, 2009 – April 20, 2011

On or after April 21, 2011

Recurring Access to vulnerable populations

N S F N S F N S F N S F

Yes AmeriCorps State/National

No

Yes FGP

No

Yes Senior Companion

No

Yes RSVP

No

Yes VISTA program

grant staff No

Yes Learn & Serve

No

Yes

Pro

gram

Other Grant Programs

No

N = NSOPW; S = State registry check; F = FBI fingerprint check * This applies to individuals who were enrolled or employed as of November 23, 2007, but were hired or enrolled prior to that date.

Requirements Over Time

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An individual is a “covered individual” …

• If they, or their position or role, is listed as an estimated direct cost on the grant program budget, either federal or non-federal (matching) share, as receiving salary, stipend, living allowance, national education award or similar, in return for providing service to the program;

or,• The costs associated with that person (for salary,

stipend, living allowance, etc.) will be included within amounts reported as expenditure of either grant federal or matching share, on the program’s financial reports

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National Service Criminal History Check Position Type Coveragei

Grant Category

Em

plo

yees

Par

tici

pan

tsii

Sub

-gra

nts

Sit

e S

uper

viso

rs

and

Sim

ilar

Vol

un

teer

siii

Pro

gram

B

enef

icia

ries

iv

VIS

TA

V

olu

nte

ers

AmeriCorps State Programs Covered Covered Covered

AmeriCorps National Direct Programs (Traditional) Covered Covered Covered

AmeriCorps Fixed Price Awards and Sub-awards Covered Covered Covered

AmeriCorps Education Award Only (EAP) Not

Covered Covered

Not Covered

AmeriCorps Commission Administrative Grants Variesv N/A Covered

AmeriCorps Commission PDAT and Disability Grants Not

Covered N/A Not

Covered

Learn and Serve America Covered Covered Covered

Foster Grandparent Covered Covered N/A

Retired and Senior Volunteer Program (RSVP) Covered N/A Covered

Senior Companion Covered Covered N/A

Social Innovation Fund Covered Covered Covered

Martin Luther King Day of Service Covered N/A Covered

Non-profit Capacity Building Covered Covered Covered

Covered Not

Covered Not

Covered Not

Covered

i Coverage requires the individual to be on-the-budget receiving a salary, stipend, living allowance, national education award or similar payment for providing service to the program, or the cost will be included in amounts reported as a grant expenditure of either federal or non-federal (matching) share funds. ii Participants include, but not limited to, AmeriCorps members, Senior Corps foster grandparents and senior companions, all of whom are receiving a national education award, stipend, or other remuneration for their service. Summer of Service education award recipients are not covered. iii Volunteers donating time and not receiving salary, stipend, living allowance or other remuneration are not covered. iv Beneficiaries are citizens who are not performing a service for the program, but rather receiving a service from the program. v Most commission administrative grants do not involve the commission directly running a national service program, and there therefore most commissions' employees are not covered. Employees of commissions directly running a national service program are covered.

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Covered individuals without recurring access to vulnerable populations undergo two-part checks:

National Sex Offender Public Registry Nationwide search using www.nsopr.gov

Performed before start of service/work

Statewide criminal history registry State of residence plus State where they will work or serve

Must use designated Statewide repositories or obtain alternate approvals

FBI checks may substitute for one or both States

Must initiate NLT start of work or service

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Covered individuals with recurring access to vulnerable populations undergo three-part, FBI checks:

National Sex Offender Public Registry

Statewide criminal history registry/registries FBI nationwide Criminal History Record Information

(CHRI)

CHRI may be self-obtained or adjudicated result from authorized recipient, e.g., state repository

Obtaining FBI check does not substitute for the required one or two statewide repository checks

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Update on Regulations

• Regulations to implement the FBI check

– Will be published soon– Will offer public comment period for 30 days– Final regulations will permit time to establish compliance

• New types of exceptions– Excessive cost– Cannot access FBI checks (due to State or Federal law)– Other good cause

• Improvements– Clarity on recurring access to vulnerable populations– Clarity on public citizen beneficiaries– Clarity on other areas, e.g., foreseeable contact

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Clarification on Impacts• Covered individuals whose service or employment

involves recurring access to a vulnerable population, who begin service or employment on or after April 21, 2011, must clear an FBI check in addition to the existing two components of the check (sex offender registry and statewide criminal history).

• Because the revised regulations are not yet published, the Corporation is allowing programs to delay performing the FBI check -- but all three components of the check must still eventually be performed. 

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Clarification on Impacts• There is no exemption for short-term (e.g.

summer) programs to perform all three check components. 

• Even if service begins after April 21, 2011 and will end before the regulations are final (August 2011 or later), all three components of the check must be completed to establish eligibility and for expenditures to be charged to the grant.

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Clarification on Impacts• Final regulations will offer a 60-day period to comply with

three-part FBI checks.  You should anticipate that final regulations will be published about August 2011; delayed compliance would expire 60 days thereafter.

• • Each national service program must choose what is

most advantageous – either comply with the FBI check requirements now, or use the rule-making and delayed compliance period to explore options on how best to comply, or whether or not you will seek an exemption as described in the regulations.

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End Part 1Questions on the Requirements

• Covered programs• Covered individuals• Types of checks• Upcoming regulations• General and grant-specific questions:

CriminalHistoryCheckQuestions@cns.gov