General Updates and Reminders
Grant Recipients Who Are Prohibited by State Law from Sharing Results
The National Service Criminal History Check rule, specifically 45 CFR § 2540.206 (a)(5), requires you to maintain documentation of the checks as grant records. You must be able to share grant records with AmeriCorps following 2 CFR § 200.337.
If you are unable to provide check results because of state law and the check was conducted prior to Jan. 1, 2020: AmeriCorps’ previously issued blanket an Alternative Search Procedure covering grantees that were prohibited by state law from maintaining or sharing criminal history results of the state and/or FBI check, which expired on Dec. 31, 2019.
If you are unable to provide check results because of state law and the check was conducted on or after Jan. 1, 2020, you have two options:
- You can use the AmeriCorps approved vendors, Truescreen and Fieldprint, whose results can be shared with AmeriCorps. Instructions for setting up accounts with the approved vendors is detailed in the “Using AmeriCorps Approved Vendors Truescreen and Fieldprint Manual” on our webpage.
- In cases where use of the approved vendors would create a burden on the program, you can request a waiver for the documentation requirement under 45 CFR § 2540.206 (a)(5) to establish alternative documentation arrangements while continuing to use the state repository. Please review the “NSCHC Manual” on the website for information about submitting a waiver request or email NSCHCWaiverRequest@americorps.gov. Note that waivers are not granted retroactively.
Any checks conducted on or after Jan. 1, 2020 cannot be deemed compliant if you are unable to share the results with AmeriCorps under state law and do not follow either of the options above.
We have updated FAQ # 6.6 and the “Using National Sex Offender Public Website and State Repositories Manual,” both found on the website, to further clarify the requirements and options for being compliant.
Use of Unapproved Third-Party Vendors
The Office of Monitoring is observing new grant recipients using unapproved third-party vendors to conduct parts of the National Service Criminal History Check, such as the state or sex offender check. Use of these third-party vendors often results in a noncompliant check and cost-based disallowance.
Per 45 CFR § 2540.204, there are two approved options to conduct each of the three check components:
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National Sex Offender Public Website check: NSOPW.gov or AmeriCorps approved vendor Truescreen
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State check: AmeriCorps identified state repository or AmeriCorps approved vendor Truescreen
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FBI fingerprint check: AmeriCorps identified state repository or AmeriCorps approved vendor Fieldprint
Use of any other source is not compliant with the regulation. If you are not using the approved vendors, Truescreen and Fieldprint, you should go directly to the NSOPW.gov website and the designated state repository.
AmeriCorps provides separate manuals specific to each approved source: "Using AmeriCorps Approved Vendors Truescreen and Fieldprint Manual" and "Using NSOPW and State Repositories Manual." Please follow the instructions in these manuals and go directly to approved sources to ensure your checks are in compliance with regulations. See also FAQ # 7.6 about using other vendors. All manuals and FAQs are found on our website.
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