[Federal Register Volume 64, Number 230 (Wednesday, December 1, 1999)]
[Proposed Rules]
[Pages 67235-67236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31009]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2522 and 2525
RIN 3045-AA09
AmeriCorps Education Awards
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
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SUMMARY: We propose to amend several provisions relating to the
AmeriCorps education award, including those governing the circumstances
under which an AmeriCorps member may be determined eligible for a pro-
rated education award and the ways in which participants may use the
award.
DATES: The deadline for written comments is January 31, 2000.
ADDRESSES: Comments may be mailed or delivered to Gary Kowalczyk,
Coordinator of National Service Programs, Corporation for National and
Community Service, 1201 New York Avenue NW, Washington, D.C. 20525,
sent by facsimile transmission to (202) 565-2784, or sent
electronically to gkowalcz@cns.gov. Copies of all communications
received will be available for review at the Corporation by members of
the public.
FOR FURTHER INFORMATION CONTACT: Gary Kowalczyk, Coordinator of
National Service Programs, Corporation for National and Community
Service, (202) 606-5000, ext. 340. T.D.D. (202) 565-2799. This proposed
rule may be requested in an alternative format for persons with visual
impairments.
SUPPLEMENTARY INFORMATION: Pursuant to the National and Community
Service Act of 1990, as amended (42 U.S.C. 12501 et seq.), the
Corporation for National and Community Service (``the Corporation''),
through the National Service Trust, provides education awards and
qualified student loan interest benefits to AmeriCorps participants who
successfully complete a term of service in an approved national service
position. The AmeriCorps education award may be used to pay for
specified educational costs and to repay certain types of student
loans. In addition, upon a participant's successful completion of a
term of service, the National Service Trust will pay the interest that
accrued during the term on certain types of student loans.
On July 12, 1999 (64 FR 37411), we published final rules governing
the AmeriCorps education award and related interest benefits. This
notice of proposed rulemaking proposes to clarify one provision
regarding eligibility for a pro-rated education award and another
provision concerning the use of the education award to pay current
educational expenses.
Release for Compelling Personal Circumstances
A participant who demonstrates that compelling personal
circumstances make completion of the term of service unreasonably
difficult or impossible may be eligible for a pro-rated education
award. In the final rule published on July 12, 1999, we listed examples
of situations that could be properly classified as compelling personal
circumstances. The proposed rule would eliminate one of the situations
listed as an example of compelling personal circumstances.
Specifically, we propose to rescind our previous determination that
compelling personal circumstances are present when a participant, who
is serving in a program that includes in its approved objectives the
promotion of employment among participants, leaves a term of service to
accept an employment opportunity. We believe that eliminating this
category is
[[Page 67236]]
necessary to promote consistency in the provision of pro-rated
education awards throughout AmeriCorps. Under the proposed rule, a
participant who leaves service for employment is eligible for an
education award only if the participant is a recipient of Temporary
Assistance to Needy Families (TANF) making the transition from welfare
to work.
Definition of Current Educational Expenses
The proposed rule expands the definition of ``current'' educational
expenses to include expenses incurred after an individual enrolls as an
AmeriCorps member. The final rule published on July 12, 1999, covered
expenses incurred only after the completion of service. We believe that
interpreting ``current'' educational expenses to include those incurred
after an AmeriCorps member begins a term of service would avoid
financial hardship for AmeriCorps members who serve while also
attending an institution of higher education.
Executive Order 12866
We have determined that this regulatory action is not a
``significant'' rule within the meaning of Executive Order 12866
because it is not likely to result in: (1) An annual effect on the
economy of $100 million or more, or an adverse and material effect on a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
government or communities; (2) the creation of a serious inconsistency
or interference with an action taken or planned by another agency; (3)
a material alteration in the budgetary impacts of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or (4) the raising of novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in Executive Order 12866.
Regulatory Flexibility Act
We have determined that this regulatory action will not result in
(1) an annual effect on the economy of $100 million or more; (2) a
major increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies, or geographic regions; or
(3) significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets. Therefore, we have not performed the initial regulatory
flexibility analysis that is required under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) for major rules that are expected to have
such results.
Other Impact Analyses
Because the proposed changes do not authorize any information
collection activity outside the scope of existing regulations, this
regulatory action is not subject to review and approval under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3500 et seq.). For purposes
of Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-
1538, as well as Executive Order 12875, this regulatory action does not
contain any federal mandate that may result in increased expenditures
in either Federal, State, local, or tribal governments in the
aggregate, or impose an annual burden exceeding $100 million on the
private sector.
List of Subjects
45 CFR Part 2522
AmeriCorps, Grant programs--social programs, Reporting and
recordkeeping requirements, Volunteers.
45 CFR Part 2525
Grant programs--social programs, Student aid, Volunteers.
For the reasons stated in the preamble, chapter XXV, title 45 of
the Code of Federal Regulations is proposed to be amended as follows:
PART 2522-AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS
1. The authority citation for part 2522 continues to read as
follows:
Authority: 42 U.S.C. 12501 et seq.
2. Section 2522.230 is amended by revising paragraphs (a)(5) and
(a)(6) to read as follows:
Sec. 2522.230 Under what circumstances may AmeriCorps participants be
released from completing a term of service, and what are the
consequences?
* * * * *
(a) * * *
(5) Compelling personal circumstances include:
(i) Those that are beyond the participant's control, such as, but
not limited to:
(A) A participant's disability or serious illness;
(B) Disability, serious illness, or death of a participant's family
member if this makes completing a term unreasonably difficult or
impossible; or
(C) Conditions attributable to the program or otherwise
unforeseeable and beyond the participant's control, such as a natural
disaster, a strike, relocation of a spouse, or the nonrenewal or
premature closing of a project or program, that make completing a term
unreasonably difficult or impossible;
(ii) Those that the Corporation, has for public policy reasons,
determined as such, including:
(A) Military service obligations; or
(B) Acceptance by a participant of an opportunity to make the
transition from welfare to work.
(6) Compelling personal circumstances do not include leaving a
program:
(i) To enroll in school;
(ii) To obtain employment, other than in moving from welfare to
work; or
(iii) Because of dissatisfaction with the program.
* * * * *
PART 2525-NATIONAL SERVICE TRUST: PURPOSE AND DEFINITIONS
1. The authority citation for part 2525 continues to read as
follows:
Authority: 42 U.S.C. 12601-12604.
2. Section 2525.20 is amended by revising the definition of
``Current educational expenses'' to read as follows:
Sec. 2525.20 Definitions.
* * * * *
Current educational expenses. The term current educational expenses
means the cost of attendance for a period of enrollment in an
institution of higher education that begins after an individual enrolls
in an approved national service position.
* * * * *
Dated: November 23, 1999.
Wendy Zenker,
Chief Operating Officer.
[FR Doc. 99-31009 Filed 11-30-99; 8:45 am]
BILLING CODE 6050-28-U
