99-31009. AmeriCorps Education Awards  

  • [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
    
    
    

Document Information

Published:
12/01/1999
Department:
Corporation for National and Community Service
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-31009
Dates:
The deadline for written comments is January 31, 2000.
Pages:
67235-67236 (2 pages)
RINs:
3045-AA09
PDF File:
99-31009.pdf
CFR: (2)
45 CFR 2522.230
45 CFR 2525.20