Recommendations for Effective

NSCHC Policy & Procedures

Office of Monitoring

Effective May 1, 2021

Updated January 26, 2022

250 E Street SW

Washington, D.C. 20525

202-606-5000/ 800-942-2677
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Document Overview:

When conducting a compliance assessment for NSCHC, the AmeriCorps Office

of Monitoring will request and review a copy of an organization’s adopted

NSCHC policy and procedures. While AmeriCorps regulations at 45 CFR do not

explicitly require that grantees have a policy, it is strongly recommended that

programs create and maintain clear, written expectations for their NSCHC

process, as appropriate to their organization’s needs.

Policies and procedures can help organizations ensure compliance with laws

and regulations, give guidance for decision-making, and streamline internal

processes. It is an organizational best practice to have comprehensive, written

NSCHC policy, procedures, guidance, or practices (henceforth referred to as

“policy” in this document).

An effective policy will incorporate the procedural steps required by those

responsible for conducting NSCHC and will identify how an organization’s

existing tools and systems will support the maintenance of adequate

documentation related to NSCHC grant records. A checklist of recommended

elements to include in NSCHC policy is below.

□ Description of NSCHC as a condition of AmeriCorps grant funding and

how the program intends to address all NSCHC requirements, including

which AmeriCorps-approved sources will be used to conduct required

checks

1. The policy should outline the NSCHC eligibility criteria. (45 CFR 2540.202)

2. If a program has ever used or currently uses an NSCHC Waiver, the

policy should require program staff to ensure any references or

documentation are not outdated, and that appropriate

documentation is retained if program-specific waivers are granted. (45

CFR 2540.207)

3. The policy should require the program to ensure its screening practices

comply with state and Federal Civil Rights and nondiscrimination laws, 

including Titles VI and VII of the CivilRights Act of 1964 (and the 

Corporation’s implementing regulations under Title VI). (45 CFR

2540.203)

a. If establishing suitability criteria beyond the NSCHC eligibility 

requirements of 45 CFR § 2540.202, the policy should identify the

criteria that the grant recipient, subrecipient, or service site 

establishes. (45 CFR 2540.203)

4. The policy must comply with requirements from the program’s

respective terms and conditions.

a. The program must identify the staff member position(s) with

responsibility for the NSCHC process. (Program Terms &

Conditions)
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b. The program must retain the certificate of completion of the

annual AmeriCorps e-course training and assign staff to retake

the course annually prior to the expiration of the certificate. In

addition, programs must save the certificates of completion from

each year as grant records. (Program Terms & Conditions)

5. Where applicable, describes process for monitoring NSCHC of subrecipients and/or service locations

□ Description of actions taken by staff member to determine who must

have a NSCHC and which elements of the NSCHC will be required forthe

individual

6. The policy should explain how to determine if an individual is subject to

NSCHC requirements. (45 CFR 2540.201)

7. The policy should specify the criminal history checks that are needed,

and which AmeriCorps approved sources will be used for conducting

the required checks. (45 CFR 2540.204)

□ Description of actions taken by staff member to inform individual of their

rights related to NSCHC, information privacy practices, and how NSCHC

results will be used by the program

8. The policy should require the program to obtain prior written

authorization from the individual for both the state and FBI checks, and

for the appropriate sharing of the results of the checks with the program.

(45 CFR 2540.206)

9. The policy should describe how notice is provided to an individual that

selection into the program is contingent upon the organization’s review

of the individual’s NSCHC results, if any. (45 CFR 2540.206)

10. The policy should describe how the program complies with the

requirement to provide reasonable opportunity for the individual to

review and challenge the accuracy of the results prior to excluding the

individual from the position. (45 CFR 2540.206)

11. The policy should describe how the program provides safeguards to

ensure the confidentiality of any information related to the NSCHC,

consistent with the authorization provided by the applicant. (45 CFR

2540.206)

12. The policy should specify that the program must ensure that any

applicant seeking to serve or work in a position that requires NSCHC

may not be charged for the cost of any component of a NSCHC, unless

specifically approved by AmeriCorps. (45 CFR 2540.206)
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□ Description of actions taken by staff member to conduct the required

checks using approved AmeriCorps sources, and how to document

adherence with key timing requirements

13. The policy should explain that results of the nationwide NSOPW check,

state, and FBI checks required under 45 CFR 2540.202 must be reviewed

and an eligibility determination made before an individual subject to

NSCHC begins work or starts service. (45 CFR 2540.205)

14. The policy should specify when the NSCHC must be conducted again

for an individual’s relationship with the grantee/sponsor that is

terminated for a period of more than 180 days. (45 CFR 2540.205)

15. The policy should explain the process used to determine the current first

and last name used on a name-based check. Refer to agency

guidance on name-based checks.

□ Description of actions taken by staff member to review and consider

results of each element of NSCHC in selecting an individual

16. The policy should require documentation in writing that the program

conducted the required checks for the position.

a. The policy should require that the program maintain 

documentation of the National Service Criminal History Check as 

grant records. (45 CFR 2540.206) Grant records should be

maintained in accordance with 2 CFR 200.334.

b. The policy should describe the process for reviewing and making

an eligibility determination and what documentation is 

maintained. (45 CFR 2540.205)

c. The policy should describe the process to determine eligibility if a

vendor’s adjudication recommendation is “not to recommend.”

This document is intended only to provide clarity to the public regarding existing

requirements under the law or agency policies.