FAQ: Restrictions on Lobbying 

December 2022 

 

FREQUENTLY ASKED QUESTIONS REGARDING RESTRICTIONS ON LOBBYING 

The following frequently asked questions (FAQ) and answers are intended to provide guidance to 

organizations (“recipients” or “sub-recipients”) that receive federal funds or other assistance from 

AmeriCorps about avoiding impermissible lobbying. These FAQs are meant to accompany the document 

titled, Compilation of Restrictions on Lobbying by AmeriCorps Financial Assistance Recipients. 

Questions Applicable to All AmeriCorps Recipients and Subrecipients 

1. What is impermissible “lobbying” on the part of a recipient or subrecipient? 

For a recipient or sub-recipient, impermissible “lobbying” generally refers to using 

AmeriCorps funds or other assistance being used to— 

• Attempt to influence the decision-making of an elected official regarding a legislative matter, or 

• Request for others to contact an elected official in support of or opposition to a legislative 

matter, or 

• Attempt to influence an agency, Congress, or staff member of Congress regarding any federal 

awards or benefits, such as a contract, grant, loan, or cooperative agreement. 

The foregoing restrictions can be broader or more limited, depending on the circumstances. You can find 

more detailed information in the Compilation of Restrictions on Lobbying by AmeriCorps Grantees and 

Financial Assistance Recipients. 

2. Our organization’s annual report discusses the value of national and community service and is 

designed, in part, to persuade our community to support our program and other programs 

supported by AmeriCorps. Is this permitted? 

Yes. The restrictions on lobbying do not apply to efforts to educate the general public about national 

service programs, provided that the materials do not include a request to lobby regarding any pending 

legislation. 

3. We’re hosting a conference call related to our AmeriCorps grant that’s designed to get more 

organizations involved in service. During the call, a participant asks how to get volunteers involved 

in a lobbying effort. How should we respond? 

You should remind the participants of the purpose of the call (i.e., to get more people and organizations 

involved in national service addressing community needs) and that it would be inappropriate to use the 

call to discuss lobbying. 

 

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4. How can I properly use AmeriCorps funding to interact with elected officials? I am an employee of 

an AmeriCorps-funded program and my compensation is directly charged (in whole or in part) to 

our CNCS grant (as either Federal share or matching funds). 

You and your program may host an elected official for informational and educational purposes, such as 

inviting the elected official for an informational tour of the project, a coordinated grant announcement, 

an opportunity to hear member/volunteer impact stories (but see the specific questions below 

applicable to AmeriCorps members and Senior Corps volunteers), or other presentations of factual 

information related to your program. Your presentation must remain informational and focus on topics 

directly related to your organization's service under a grant program, including your community impact. 

However, you may not use federal or matching funds or other AmeriCorps assistance (e.g., the services 

of members or volunteers) to make any legislative requests. 

5. What if, during such a visit by an elected official, they make an unexpected announcement that 

they have decided to co-sponsor legislation to support national service? 

Again, your organization may properly host an informational site visit for an elected official focusing on 

topics directly related to your organization's service under an AmeriCorps program. The fact that the 

elected official independently, and without any prompting or prior coordination by you, decides to 

announce that they are co-sponsoring legislation does not make the presentation impermissible. 

However, you should not respond to or elaborate on the announcement during the event. 

6. What if an elected official tells me that they want to arrange a visit to announce their sponsorship 

or support of a legislative action that would benefit AmeriCorps-funded programs? 

You should advise the elected official of your organization’s need to ensure that it does not engage in 

impermissible lobbying activities, and that such a staged announcement may create the impression or 

appearance that your program is engaged in lobbying. Your organization can participate in the 

announcement, but no costs can be charged to your grant, and you may not reference that your 

organization is a recipient of AmeriCorps funding. 

7. I work for a nonprofit organization or institution of higher education that receives AmeriCorps 

grant funds. What are the restrictions on lobbying under our AmeriCorps grant award? For 

instance, may I use grant funds to visit elected officials in Washington, D.C., our State capitol or 

elsewhere? 

The threshold question is whether the costs of such a trip would be a reasonable and necessary expense 

for the performance of your AmeriCorps grant award, and be allocable to the award, under OMB Cost 

Principles (2 C.F.R. Part 200, Subpart E). Any cost which was specifically included within your approved 

grant budget has been pre-approved as being reasonable and necessary. However, the burden is on the 

grantee to demonstrate that any particular cost is allowable according to the OMB Cost Principles, and 

AmeriCorps makes the final determination. That determination is going to depend on a number of 

factors, such as how much it costs to make the trip, and whether or not the trip is in response to a 

specific invitation. While a very low-cost trip to a local office of an elected official will likely be allowable, 
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a trip to Washington D.C. that was initiated by your organization will almost never be allowable. It’s 

always best to discuss any question about such trips or travel with your AmeriCorps program officer or 

grants officer. 

Beyond the threshold question, OMB Cost Principles place additional restrictions on nonprofits and 

educational institutions. Those additional restrictions specifically disallow costs for influencing 

enactment or modification of any pending federal or state legislation, including legislative liaison 

activities. See 2 C.F.R. §200.450. Keep in mind that such restrictions apply generally, not just to travel to 

visit legislative officials. Excepted from such restrictions are: 

• Factual presentations on topics related to the performance of a grant in response to a 

documented request made by the Member of Congress or legislative body;1

 

• Any lobbying in order to influence state legislation in order to directly reduce the cost, or to 

avoid material impairment of the nonfederal entity’s authority to perform the grant;2

 

• Any activity specifically authorized by statute to be undertaken with funds from the federal 

award; and 

• Other activities exempted from the definition of lobbying or influencing legislation, such as (i) 

nonpartisan analysis, study, or research reports, and examinations; (ii) discussions of broad 

social, economic and similar problems; or (iii) information provided upon request by a legislator 

for “technical advice and assistance”. 

8. I work for a state or local government agency that receives AmeriCorps grant funds. What are the 

restrictions on legislative lobbying under our AmeriCorps grant award? 

The OMB Cost Principles (2 CFR Part 200, Subpart E) do not explicitly prohibit state and local 

governments from charging costs to federal grants for lobbying activities. However, costs charged to 

AmeriCorps grants to state or local agencies are subject to the same threshold considerations discussed 

in the context of trips to visit elected officials, above. In essence, no costs may be charged to AmeriCorps 

grants to the extent that the state or local government is engaging in lobbying activities. You should 

direct any specific question regarding such matters to your AmeriCorps program officer or grants officer. 

In addition, you should remember that the broader restrictions on lobbying activities for nonprofit 

organizations and institutions of higher education will apply to sub-awards that are made by states or 

local governments (i.e., when a state or local government is a subrecipient). 

 

 

1 Under this exception, the costs for travel, lodging or meals are unallowable under OMB Cost Principles unless they are incurred to offer 

testimony at a regularly scheduled Congressional hearing pursuant to a written request for such presentation made by the Chairman or Ranking 

Minority Member of the Committee or Subcommittee conducting the hearings. See 2 C.F.R. 

§200.450(c)(2)(i). However, because of the certain restrictions in the National and Community Service Act of 1990, such activities cannot be 

performed by AmeriCorps members. 2 The term “technical advice and assistance” is specifically defined by section 4911(d)(2) of the Internal Revenue Code and 26 CFR 56.4911-

2(c)(1-(c)(3). 
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Finally, there may be laws specific to your State or local government which limit your lobbying activity. 

You should check with your State or local officials (as applicable) to make sure you are aware of all 

applicable restrictions. 

9. I periodically travel to Washington, D.C., my state capitol or elsewhere to educate our elected 

officials about our organization’s achievements. What happens if AmeriCorps determines that the 

costs of my visits are not reasonable and necessary expenses for the performance of our grant 

award? 

If AmeriCorps determines that the costs are not reasonable and necessary under the OMB Cost 

Principles, the costs would be disallowed as expenses charged to the grant award, and your organization 

would not be reimbursed for them. This could also result in your organization having to return funds to 

AmeriCorps. 

10. While I am in Washington, D.C. attending a grant-related conference, and where the cost of 

the travel is being charged to my federal grant, can I visit my elected officials during a break in the 

conference? 

Yes, so long as such a visit is incidental to your primary purpose in traveling to Washington, D.C. (e.g. a 

meet-and-greet to your elected representative’s office for a photo opportunity). Also, while local travel 

expenses, including ground transportation to the attend the conference may be charged to the grant, 

don’t charge the cab fare to visit any elected official to your grant! 

11. Can I lobby on issues related to national service and/or AmeriCorps’s programs when I am not 

on “AmeriCorps time”? 

Yes. The restrictions on lobbying only apply to the use of Federal award funds (including matching funds) 

to engage in lobbying. However, you must document that any lobbying is done during the time that is 

not being charged to your AmeriCorps grant. 

12. If a particular activity is not specifically disallowed under the OMB Cost Principles (2 C.F.R. 

Part 200, Subpart E) or under my grant terms, does that mean the cost is allowed? 

Not necessarily. While OMB’s Cost Principles (found in 2 C.F.R. Part 200, Subpart E) set both general and 

certain specific criteria for when costs are allowable, they do not authorize any specific cost or 

expenditure; they merely limit the allowability of certain types of costs or expenditures. The burden is 

on the recipient to demonstrate that any particular cost is allowable according to the factors listed at 2 

C.F.R. §200.403. This means that the recipient must be able to show that the cost is consistent with the 

approved budget and properly chargeable to the grant as reasonable and necessary—not merely that it 

is not on the list of disallowed costs. Allowability is ultimately a determination made by AmeriCorps. 

13. I work for a non-profit organization that is an AmeriCorps VISTA sponsor. Doesn't the 

Domestic Volunteer Service Act (DVSA) give programs, in certain limited circumstances, specific 

statutory authority to lobby concerning appropriations or authorization legislation? 

 

You are right about the authority in the DVSA as it applies to both VISTA sponsors and AmeriCorps 

Seniors grantees. But DVSA programs are currently subject to a superseding proviso in their annual 
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appropriations statute which prohibits the use of appropriated funds to engage in any activity that is 

designed to influence legislation or appropriations pending before the Congress, any State legislature, or 

local legislative body. 

14. I am a Project Director at a Senior Corps sponsor organization, and my annual salary at the 

organization is paid with AmeriCorps Seniors grant funds. May I, as part of my official duties, post 

a communication on my organization’s social media site encouraging the local community to 

contact members of the state legislature to pass legislation that would expand and benefit our 

organization’s vital programs? 

No, neither you, nor any other grant-funded staff of your organization, nor any Senior Corps volunteers 

may post communications on your organization’s social media site as that would constitute 

impermissible lobbying. As discussed above, Senior Corps volunteers and grant-funded staff are strictly 

prohibited from engaging in lobbying as part of their service or grant-funded activity. AmeriCorps funds 

may not be used to engage in any lobbying activities. Lobbying includes any attempt to influence the 

decision-making of an elected official on a legislative and a request for others to contact an elected 

official in support of or opposition to a legislation. Therefore, posting a communication on your 

organization’s social media site encouraging members of the local community to contact members of 

the state legislature to pass legislation clearly constitutes lobbying, and, for the reasons discussed 

above, is prohibited. 

Questions Applicable to State Service Commissions 

1. I am the Executive Director of my State’s Commission on National and Community Service. 

Can I lobby on issues related to national service or AmeriCorps programs? 

The OMB Cost Principles (2 CFR Part 200, Subpart E) do not explicitly prohibit state and local 

governments from charging costs to federal grants for lobbying activities. However, all costs charged to 

AmeriCorps awards must still be reasonable and necessary for the performance of your AmeriCorps 

award and be allocable to the award under OMB Cost Principles. As discussed above, the burden is on 

your organization to demonstrate that any particular cost is allowable according to the factors listed at 2 

C.F.R. § 200.403, and AmeriCorps makes the ultimate determination. You should direct any specific 

question on this point to your AmeriCorps program officer or grants officer. 

2. I have been appointed by the Governor of my State as a member of my State’s Commission on 

National and Community Service. Can I lobby on issues related to national service or AmeriCorps 

programs? 

Yes, you can contact Congress to lobby about AmeriCorps programs and funding so long as you are not 

receiving any federal travel expense reimbursements or per diem for your service as a member of a 

State Commission, and not charging your time to any federal award. 

 

However, at any time when you are being reimbursed for travel expenses (including per diem) for your 

service as a member of a State Commission, you are subject to the restrictions on state and local 

government employees (as discussed above), and you may not ask others to contact Congress to 

support AmeriCorps programs. 
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Questions Applicable to AmeriCorps State and National Members, Vista Members, and AmeriCorps 

Seniors Volunteers 

1. Can an AmeriCorps member or an AmeriCorps Seniors volunteer be part of a group that takes a trip 

to meet with elected officials so long as the member or volunteer only gives an informational or 

factual presentation on topics related to the performance of a grant? 

Maybe. Like the other trips discussed above, the threshold issue is whether the costs of the trip would 

be reasonable and necessary for the performance of your AmeriCorps award and be allocable to the 

award under OMB Cost Principles (2 C.F.R. Part 200, Subpart E). If the cost of the trip is generally 

allowable, then an AmeriCorps member or a Senior Corps volunteer may present information about 

their programs, projects, and impact stories with elected officials. 

However, the National and Community Service Act of 1990 (NCSA) prohibits the “use” of 

AmeriCorps State and National members in any attempt to influence legislation. Also, the 

Domestic Volunteer Service Act of 1973 (DVSA) prohibits AmeriCorps VISTA members and AmeriCorps 

Seniors volunteers from being used to influence the passage or defeat of legislation or proposals. Even if 

the AmeriCorps member or the AmeriCorps Seniors volunteer is not on “on duty” (i.e., not accumulating 

service or training hours, or not receiving a stipend) and only provides a factual presentation about the 

impact of their service, their participation in a meeting where prohibited lobbying activity occurs will be 

in violation of the NCSA or the DVSA. 

2. When does “lobbying activity” occur in a meeting with elected officials, and how can I make sure 

that it does not happen in a meeting involving AmeriCorps members or AmeriCorps Seniors 

Volunteers? 

“Lobbying activity” occurs during a meeting if someone presents to an elected official (or the elected 

official’s staff) a request to take legislative action or a statement intended to influence a legislative 

action. It makes no difference whether the statements are made orally or presented (or left behind) in 

writing. It also makes no difference whether the statements are in support of or oppose the legislation 

at issue. 

3. Can we as an organization have our AmeriCorps members or AmeriCorps Seniors volunteers 

describe the importance and impact of their service and also engage in “lobbying activity” (which is 

not being charged to the grant) and not violate the restrictions in the NCSA or DVSA? 

As a general rule, your organization cannot direct or arrange for an AmeriCorps member or an 

AmeriCorps Seniors volunteer to engage in lobbying activity even if such activity is done in the context of 

describing the importance and impact of service and even if the activity is not being charged to the 

grant. However, AmeriCorps will not consider an AmeriCorps member or an AmeriCorps Seniors 

volunteer as having been used to influence legislation (i.e., not engaged in lobbying activity), if their 

factual presentations are sufficiently distinct— such as being at separate times or locations–from any 

associated lobbying activity that they are not a part of. The facts and circumstances of the presentations 

and the lobbying activities must allow a reasonable person to conclude that the factual presentations by 

the AmeriCorps members or Senior Corps volunteer were not solely or specifically intended to influence 

specific legislative decision-making, and that the AmeriCorps members and AmeriCorps Seniors 

volunteers did not participate in any lobbying activity. 
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4. In regard to AmeriCorps Seniors volunteers and VISTA members, doesn't the DVSA 

give specific statutory authority to an organization to lobby, under limited circumstances, concerning 

appropriations or authorization legislation? 

No. You are right about the authority in the DVSA, but DVSA programs are currently subject to a 

superseding annual appropriations statute which prohibits the use of appropriated funds to engage in 

any activity that is designed to influence legislation or appropriations pending before the Congress or 

any State legislature. 

5. As an AmeriCorps member or AmeriCorps Seniors Volunteer, am I barred from conducting any

lobbying whatsoever? 

No, you are not. AmeriCorps members and AmeriCorps Seniors volunteers may exercise their rights as 

private citizens on their own personal time and may ask elected officials to either support or oppose 

legislative actions. However, they must engage in those activities at their own initiative and cannot 

conduct such activities while performing service as a member or volunteer or by using AmeriCorps 

funds. They should also not wear any AmeriCorps or Senior Corps logo while engaged in lobbying in their 

personal time or represent themselves as associated with AmeriCorps or any of its programs.