1. Welcome Unallowable and Prohibited Activities Amy Salinas

2. Session Outcomes  Explore, discuss, and diagnose real life program scenarios  think more critically about allowable, unallowable and prohibited activities

3. AGENDA  Build the Learning Environment  Scenario Analysis  Understanding the Terms  Scenario Review and Discussion 3

4. Implications 1. Costs are questioned Money paid back 2. Time is questioned Members may lose time that they served which means less hours towards that education award 3. Perception is people’s reality if people or groups perceive you to be doing wrong even though you were not trying to do so, it could risk your program and AmeriCorps as a whole

5. Agreements  Understand the Seriousness of This Topic  Recognize the potential for “grey”  Assume Good Intentions  Limit Anxiety  Communicate Positively  Ask Questions

6. Scenario Activity  Each table is a team  Each team is provided with 2 scenarios to read, discuss, and make determinations about Allowable Unallowable Prohibited  Large group Have each table take turn reading 1 of the scenarios to the larger group sharing determination and reason Discussion 6

7. Prohibited Activities  AmeriCorps members may not engage in very specific 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 on their initiative, on non-AmeriCorps time, and using non-CNCS funds. Individuals should not wear the AmeriCorps logo while doing so. 2014 AC Provisions IV.D.3; 45 CFR § 2520.65; 42 USC § 12584a] 7

8. Prohibited Activities a. Attempting to influence legislation; b. Organizing or engaging in protests, petitions, boycotts, or strikes; c. Assisting, promoting, or deterring union organizing; d. Impairing existing contracts for services or collective bargaining agreements; e. Engaging in partisan political activities, or other activities designed to influence the outcome of an election to any public office; f. 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; g. 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

9. Prohibited Activities h. Providing a direct benefit to— i. A business organized for profit; ii. A labor union; iii. A partisan political organization; iv. 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 9 provisions shall be construed to prevent participants from engaging in advocacy activities undertaken at their own initiative; and v. An organization engaged in the religious activities described in paragraph g, unless CNCS assistance is not used to support those religious activities; i. Conducting a voter registration drive or using CNCS funds to conduct a voter registration drive; j. Providing abortion services or referrals for receipt of such services; and k. Such other activities as CNCS may prohibit 9

10. Allowable Activities  Consistent with approved grant application, performance measurements, program documents, and budget, and larger national priorities i.e. national days of service  Clearly outlined in approved member position descriptions  Reasonable  Conforms to all the rules, regulations, and notice of funding requirements  Adequately documented 10

11. 11 Nat’l & Community Svc. Act of 1990 Serve America Act Code of Federal Regulations (CFR) OMB Circulars (part of CFR) State & Local Regulations Notice Of Funding Opportunity Notice of Grant Award Proposal, Approved Program Documents, & Budget Grant Provisions Certifications and Assurances

12. Unallowable Activities  Activities that fall outside the scope of the approved grant, measures, and position description (unless amended and activities fall in line with grant and measures)  Member Training that exceeds the 20 percent aggregate rule 12

13. Unallowable Activities  Federal and State Assistance that serves as the sole activity of a member - “for the sole purpose of referring individuals to Federal assistance programs or State assistance programs funded in part by the Federal Government.”  Activities that would violate the non-duplication and non-displacement requirements 13

14. Unallowable Activities a. Nonduplication. Corporation assistance may not be used to duplicate an activity that is already available in the locality of a program. And, unless the requirements of paragraph (f) of this section are met, Corporation assistance will not be provided to a private nonprofit entity to conduct activities that are the same or substantially equivalent to activities provided by a State or local government agency in which such entity resides. 14

15. Unallowable Activities b. Nondisplacement. i. An employer may not displace an employee or position, including partial displacement such as reduction in hours, wages, or employment benefits, as a result of the use by such employer of a participant in a program receiving Corporation assistance. ii. An organization may not displace a volunteer by using a participant in a program receiving Corporation assistance. iii. A service opportunity will not be created under this chapter that will infringe in any manner on the promotional opportunity of an employed individual. 15

16. Unallowable Activities b.Nondisplacement. (continued) iv. A participant in a program receiving Corporation assistance may not perform any services or duties or engage in activities that would otherwise be performed by an employee as part of the assigned duties of such employee. v. A participant in any program receiving assistance under this chapter may not perform any services or duties, or engage in activities, that— 1. Will supplant the hiring of employed workers; or 2. Are services, duties, or activities with respect to which an individual has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures. 16

17. Unallowable Activities b.Nondisplacement. (continued) vi. A participant in any program receiving assistance under this chapter may not perform services or duties that have been performed by or were assigned to any— 1. Presently employed worker; 2. Employee who recently resigned or was discharged; 3. Employee who is subject to a reduction in force or who has recall rights pursuant to a collective bargaining agreement or applicable personnel procedures; 4. Employee who is on leave (terminal, temporary, vacation, emergency, or sick); or 5. Employee who is on strike or who is being locked out. 17

18. Unallowable Activities  Using Team Leaders in a staff capacity i.e. supervising members, program development and coordination, 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, to name a few. Note: Team Leaders may assist by providing information and resources on best practices or by helping to develop portions of the program such as the training curriculum. 18

19. Unallowable Activities  Raise funds for living allowances or for an organization's general (as opposed to project) operating expenses or endowment;  Write a grant application to the Corporation or to any other Federal agency.  Spend more than 10% of term of service performing fundraising activities  Such other activities as CNCS may determine unallowable 19

20. 20 THANK YOU!