[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Proposed Rules]
[Pages 17302-17308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8363]
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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 2522, 2525, 2526, 2527, 2528, and 2529
RIN 3045-AA09
AmeriCorps Education Awards
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
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SUMMARY: The Corporation proposes to amend several provisions relating
to the AmeriCorps education award, including those governing the
process for determining a participant's eligibility and the ways in
which participants may use the award. These changes will promote
efficiency and consistency in providing education awards to AmeriCorps
participants.
DATES: Written comments should be received on or before June 8, 1999.
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, DC 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
interest benefits to AmeriCorps participants who successfully complete
a term of service in an approved national service position. AmeriCorps
participants who successfully complete a term of national service
receive an education award and student loan interest benefits from the
National Service Trust. 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
on certain types of student loans that accrued during the term.
On March 23, 1994 (59 FR 13772), the Corporation published final
rules covering its grant programs, including general provisions
regarding the provision of a partial education award for participants
who are released because of compelling personal circumstances before
completing their terms of service. On June 15, 1994 (59 FR 30709), the
Corporation published interim final rules for the National Service
Trust governing the AmeriCorps education award and related interest
benefits. This notice of proposed rulemaking is intended to clarify the
rules applicable to the determination of compelling personal
circumstances as well as several National Service Trust rules
concerning the education award.
Because AmeriCorps*State/National is administered under
different legal authorities than AmeriCorps*National
Civilian Community Corps and AmeriCorps*VISTA, in several
instances (e.g., eligibility criteria, grievance procedure) the
proposed rules govern the former but not the latter.
Eligibility Criteria for AmeriCorps* State/National
The proposed rule clarifies the eligibility criteria for
AmeriCorps*State/National participants by making clear that
16 year olds may participate only if they are considered ``out-of-
school'' and serving in a specified type of program and by making other
technical changes.
The proposed rule also lists the type of documentation acceptable
to establish an individual's status as a U.S. citizen, U.S. national,
or lawful permanent resident alien (LPRA) for purposes of eligibility
to participate in AmeriCorps. The Corporation strongly discourages the
use of INS Form I-9, Employment Eligibility Verification, because that
form includes categories of non-citizens who may be eligible for
employment but who are not eligible under the more narrow eligibility
for participation in AmeriCorps. Also, programs should note that a
Social Security card or a driver's license is not acceptable for
documenting citizenship, national, or LPRA status because individuals
outside the three categories may obtain those forms of identification.
In addition, programs should note that an application for permanent-
resident status is not sufficient to establish eligibility to
participate in AmeriCorps. Finally, programs should understand that no
other non-citizens (for example, refugees, asylees, parolees, or
individuals holding visas) are eligible to participate in AmeriCorps.
Release for Compelling Personal Circumstances
The proposed rule clarifies the circumstances under which an
AmeriCorps participant who does not complete a term of service may
receive a pro-rated education award. The proposed rule makes clear that
a participant in an AmeriCorps*State/National program has
the primary responsibility for demonstrating that compelling personal
circumstances make completion of a term unreasonably difficult or
impossible. Under the proposed rule, the program makes this
determination and must document the basis for its decision.
The proposed rule gives examples of situations that would
constitute compelling personal circumstances and examples of situations
that are not considered compelling personal circumstances. These
revisions are intended to increase consistency across all AmeriCorps
programs in approving pro-rated education awards. The examples of
compelling personal circumstances include those that are unforeseeable
(e.g., serious illness). The examples also include circumstances that
may be foreseeable but which the Corporation has determined, for public
policy reasons, should not involve a penalty for those who leave
service early (e.g, military service obligation, welfare to work
transition). Programs may not make a determination of compelling
personal circumstances solely to avoid a dispute involving a
participant.
The proposed rule will supercede guidance previously provided by
the Corporation in the provisions of its AmeriCorps*State/
National cooperative agreements and related materials. For example, the
proposed rule will
[[Page 17303]]
supercede AmeriCorps*State/National Grants Guidance 2 which
authorizes a pro-rated education award to full-time members who fall
less than five percent short of completing 1700 hours of service for
reasons other than chronic truancy, tardiness, or performance problems.
The proposed rule restates that programs may, after determining
that compelling personal circumstances are present, either suspend the
individual's term to allow completion at a later time or release the
individual and approve a pro-rated education award. The proposed rule
removes precatory language encouraging programs to suspend, rather than
release, individuals to maximize the service opportunities available to
participants. However, it remains the Corporation's policy to encourage
this outcome whenever possible.
Release for Cause
The proposed rule makes clear for AmeriCorps* State/
National programs that if compelling personal circumstances are not
present, the only other type of release is one for cause. A release for
cause may cover a wide variety of circumstances and does not
necessarily mean that a participant has engaged in wrongdoing or
misconduct. The proposed rule removes language that may have indicated
otherwise. The proposed rule includes additional guidance to
AmeriCorps* State/National programs handling grievances
filed by participants to contest a release for cause.
Suspension and Reinstatement
The proposed rule restates provisions regarding the suspension of a
term of service and the process for reinstating suspended participants.
For members placed in suspension status while they contest a release
for cause, programs may not provide federally-funded benefits beyond
those attributable to service actually performed without obtaining
written approval from the Corporation.
References to Stafford Loan Forgiveness
The proposed rule removes references to Stafford Loan Forgiveness.
Congress eliminated authority for this program in the Higher Education
Amendments of 1998, Pub. L. 105-244.
School-to-Work Programs
The proposed rule makes minor technical amendments to reflect the
current structure of the School-to-Work program.
Qualified Student Loans
The proposed rule provides examples of the types of loans that are
eligible for repayment and adds a specific reference to other loans
that may be designated as such by Congress. This is intended to
encompass provisions in appropriations laws that expand the list of
qualified student loans. For the past several years, Congress has used
appropriations laws, rather than an amendment to the National and
Community Service Act itself, to classify as a qualified student loan
any loan made directly to a student by the Alaska Commission on
Postsecondary Education.
First and Second Terms of Service
By statute, an individual may receive an education award for only
the first and second term of service for which an education award is
approved for successful completion. The proposed rule clarifies the
circumstances under which a term of service counts as a first or second
term for which an education award may be provided. The proposed rule
makes clear that if an individual is released for reasons other than
misconduct prior to completing fifteen percent of the term of service,
that term does not count as one of the two terms for which an education
award may be provided.
Amount of Education Award
The proposed rule clarifies the provisions regarding the amount of
the education award for various terms of service.
Procedures for Accessing an Education Award and Related Interest
Benefits
The proposed rule clarifies the steps necessary to access an
education award.
Executive Order 12866
The Corporation has 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
The Corporation has 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, the Corporation has 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.). If the
Corporation proposes to modify any of the forms used in connection with
determining eligibility of individuals for payments from the National
Service Trust, the Corporation will comply with clearance procedures as
provided under the Paperwork Reduction Act.
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.
45 CFR Part 2526
Grant programs-social programs, Student aid, Volunteers.
[[Page 17304]]
45 CFR Part 2527
Grant programs--social programs, Student aid, Volunteers.
45 CFR Part 2528
Grant programs--social programs, Student aid, Volunteers.
45 CFR Part 2529
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 2522.200 is revised to read as follows:
Sec. 2522.200 What are the eligibility requirements for an AmeriCorps
participant?
(a) Eligibility. An AmeriCorps participant must--
(1)(i) Be at least 17 years of age at the commencement of service;
or
(ii) Be an out-of-school youth 16 years of age at the commencement
of service participating in a program described in Sec. 2522.110(b)(3)
or Sec. 2522.110(g);
(2)(i) Have a high school diploma or its equivalent; or
(ii) Not have dropped out of elementary or secondary school to
enroll as an AmeriCorps participant and must agree to obtain a high
school diploma or its equivalent prior to using the education award; or
(iii) Obtain a waiver from the Corporation of the requirements in
paragraphs (a)(2)(i) and (a)(2)(ii) of this section based on an
independent evaluation secured by the program demonstrating that the
individual is not capable of obtaining a high school diploma or its
equivalent; or
(iv) Be enrolled in an institution of higher education on an
ability to benefit basis and be considered eligible for funds under
section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091);
(3) Be a citizen, national, or lawful permanent resident alien of
the United States.
(b) Primary documentation of status as a U.S. citizen or national.
The following are acceptable forms of certifying status as a U.S.
citizen or national:
(1) A birth certificate showing that the individual was born in one
of the 50 states, the District of Columbia, Puerto Rico, Guam, the U.S.
Virgin Islands, American Samoa, or the Northern Mariana Islands;
(2) A United States passport;
(3) A report of birth abroad of a U.S. Citizen (FS-240) issued by
the State Department;
(4) A certificate of birth-foreign service (FS 545) issued by the
State Department;
(5) A certification of report of birth (DS-1350) issued by the
State Department;
(6) A certificate of naturalization (Form N-550 or N-570) issued by
the Immigration and Naturalization Service; or
(7) A certificate of citizenship (Form N-560 or N-561) issued by
the Immigration and Naturalization Service.
(c) Primary documentation of status as a lawful permanent resident
alien of the United States. The following are acceptable forms of
certifying status as a lawful permanent resident alien of the United
States:
(1) Permanent Resident Card, INS Form I-551;
(2) Alien Registration Receipt Card, INS Form I-551;
(3) A passport indicating that the INS has approved it as temporary
evidence of lawful admission for permanent residence; or
(4) A Departure Record (INS Form I-94) indicating that the INS has
approved it as temporary evidence of lawful admission for permanent
residence.
(d) Secondary documentation. If primary documentation is not
available, the program must obtain written approval from the
Corporation that other documentation is sufficient to demonstrate the
individual's status as a U.S. citizen, U.S. national, or lawful
permanent resident alien.
3. Section 2522.230 is revised 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?
An AmeriCorps program may release a participant from completing a
term of service for compelling personal circumstances as demonstrated
by the participant, or for cause.
(a) Release for compelling personal circumstances. (1) An
AmeriCorps program may release a participant upon a determination by
the program, consistent with the criteria listed in paragraphs (a)(5)
through (a)(6) of this section, that the participant is unable to
complete the term of service because of compelling personal
circumstances.
(2) A participant who is released for compelling personal
circumstances and who completes at least 15 percent of the required
term of service is eligible for a pro-rated education award.
(3) The participant has the primary responsibility for
demonstrating that compelling personal circumstances prevent the
participant from completing the term of service.
(4) The program must document the basis for any determination that
compelling personal circumstances prevent a participant from completing
a term of service.
(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;
(B) Acceptance by a participant of an opportunity to make the
transition from welfare to work; or
(C) Acceptance of an employment opportunity by a participant
serving in a program that includes in its approved objectives the
promotion of employment among its participants.
(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 in leaving a program that includes in its approved objectives
the promotion of employment among its participants; or
(iii) Because of dissatisfaction with the program.
(7) As an alternative to releasing a participant, an AmeriCorps
*State/National program may, after determining that
compelling personal circumstances exist, suspend the participant's term
of service for up to two years (or longer if approved by the
Corporation based on extenuating circumstances) to allow the
participant to complete service with the same or similar AmeriCorps
program at a later time.
(b) Release for cause. (1) A release for cause encompasses any
circumstances
[[Page 17305]]
other than compelling personal circumstances that warrant an
individual's release from completing a term of service.
(2) AmeriCorps programs must release for cause any participant who
is convicted of a felony or the sale or distribution of a controlled
substance during a term of service.
(3) A participant who is released for cause may not receive any
portion of the AmeriCorps education award or any other payment from the
National Service Trust.
(4) An individual who is released for cause must disclose that fact
in any subsequent applications to participate in an AmeriCorps program.
Failure to do so disqualifies the individual for an education award,
regardless of whether the individual completes a term of service.
(5) An AmeriCorps *State/National participant released
for cause may contest the program's decision by filing a grievance.
Pending the resolution of a grievance procedure filed by an individual
to contest a determination by a program to release the individual for
cause, the individual's service is considered to be suspended. For this
type of grievance, a program may not--while the grievance is pending or
as part of its resolution--provide a participant with federally-funded
benefits (including payments from the National Service Trust) beyond
those attributable to service actually performed, without the program
receiving written approval from the Corporation.
(c) Suspended service. (1) A program must suspend the service of an
individual who faces an official charge of a violent felony (e.g.,
rape, homicide) or sale or distribution of a controlled substance.
(2) A program must suspend the service of an individual who is
convicted of possession of a controlled substance.
(3) An individual may not receive a living allowance or other
benefits, and may not accrue service hours, during a period of
suspension under this provision.
(d) Reinstatement. (1) A program may reinstate an individual whose
service was suspended under paragraph (c)(1) of this section if the
individual is found not guilty or if the charge is dismissed.
(2) A program may reinstate an individual whose service was
suspended under paragraph (c)(2) of this section only if the individual
demonstrates the following:
(i) For an individual who has been convicted of a first offense of
the possession of a controlled substance, the individual must have
enrolled in a drug rehabilitation program;
(ii) For an individual who has been convicted for more than one
offense of the possession of a controlled substance, the individual
must have successfully completed a drug rehabilitation 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 2525.10 is revised to read as follows:
Sec. 2525.10 What is the National Service Trust?
The National Service Trust is an account in the Treasury of the
United States from which the Corporation makes payments of education
awards, pays interest that accrues on qualified student loans for
AmeriCorps participants during terms of service in approved national
service positions, and makes other payments authorized by Congress.
3. Section 2525.20 is amended by revising the definitions for
``Approved school-to-work program,'' ``Education award,'' and
``Qualified student loan'' and by adding a definition for ``Current
educational expenses'' in alphabetical order to read as follows:
Sec. 2525.20 Definitions.
* * * * *
Approved school-to-work program. The term approved school-to-work
program means a program that is involved in a federally-approved
school-to-work system, as certified by a State, designated local
partnership, or other entity that receives a grant under the School-to-
Work Opportunities Act of 1994 (20 U.S.C. 6101 et seq.).
* * * * *
Current educational expenses. The term current educational expenses
means the cost of attendance for a period of enrollment that begins
after an individual receives an education award.
Education award. The term education award means the financial
assistance available under parts 2526 and 2528 of this chapter for
which an individual in an approved AmeriCorps position may be eligible.
* * * * *
Qualified student loan. The term qualified student loan means any
loan made, insured, or guaranteed pursuant to title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.), other than a loan to a
parent of a student pursuant to section 428B of such Act (20 U.S.C.
1078-2), any loan made pursuant to title VII or VIII of the Public
Service Health Act (42 U.S.C. 292a et seq.), or any other loan
designated as such by Congress. This includes, but is not necessarily
limited to, the following:
(1) Federal Family Education Loans. (i) Subsidized and Unsubsidized
Stafford Loans.
(ii) Supplemental Loans to Students (SLS).
(iii) Federal Consolidation Loans.
(iv) Guaranteed Student Loans (predecessor to Stafford Loans).
(v) Federally Insured Student Loans (FISL).
(2) William D. Ford Federal Direct Loans. (i) Direct Subsidized and
Unsubsidized Stafford Loans.
(ii) Direct Subsidized and Unsubsidized Ford Loans.
(iii) Direct Consolidation Loans.
(3) Federal Perkins Loans. (i) National Direct Student Loans.
(ii) National Defense Student Loans.
(4) Public Health Service Act Loans. (i) Health Education
Assistance Loans (HEAL).
(ii) Health Professions Student Loans (HPSL).
(iii) Loans for Disadvantaged Students (LDS).
(iv) Nursing Student Loans (NSL).
(v) Primary Care Loans (PCL).
* * * * *
PART 2526--ELIGIBILITY FOR AN EDUCATION AWARD
1. The heading for part 2526 is revised to read as set forth above.
1a. The authority citation for part 2526 continues to read as
follows:
Authority: 42 U.S.C. 12601-12604.
2. Section 2526.10 is revised to read as follows:
Sec. 2526.10 Who is eligible to receive an education award from the
National Service Trust?
(a) General. An individual is eligible to receive an education
award from the National Service Trust if the individual--
(1) Is a citizen, national, or lawful permanent resident alien of
the United States;
(2) Is either at least 17 years of age at the commencement of
service or is an out-of-school youth 16 years of age at the
commencement of service participating in a program described in
Sec. 2522.110(b)(3) or (g) of this chapter;
(3) Successfully completes a term of service in an approved
national service position.
(b) High school diploma or equivalent. To use an education award,
an individual must--
[[Page 17306]]
(1) Have received a high school diploma or its equivalent; or
(2) Be enrolled at an institution of higher education on the basis
of meeting the standard described in paragraph (1) or (2) of subsection
(a) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091)
and meet the requirements of subsection of section 484; or
(3) Have received a waiver described in Sec. 2522.200(b) of this
chapter.
(c) Prohibition on duplicate benefits. An individual who receives a
post-service benefit in lieu of an education award may not receive an
education award for the same term of service.
(d) Penalties for false information. Any individual who makes a
materially false statement or representation in connection with the
approval or disbursement of an education award or other payment from
the National Service Trust may be liable for the recovery of funds and
subject to civil and criminal sanctions.
3. Section 2526.20 is revised to read as follows:
Sec. 2526.20 Is an AmeriCorps participant who does not complete an
originally-approved term of service eligible to receive a pro-rated
education award?
(a) Compelling personal circumstances. A participant who is
released prior to completing an originally-approved term of service for
compelling personal circumstances and who completes at least 15 percent
of the originally-approved term of service is eligible for a pro-rated
education award.
(b) Release for cause. A participant who is released prior to
completing an originally-approved term of service for cause is not
eligible for any portion of an education award.
Sec. 2526.30 [Removed]
Sec. 2526.60 [Redesignated as Sec. 2526.30]
4. Section 2526.30 is removed and Sec. 2526.60 is redesignated as
Sec. 2526.30.
Sec. 2526.40 [Removed]
Sec. 2526.70 [Redesignated as Sec. 2526.40]
5. Section 2526.40 is removed and Sec. 2526.70 is redesignated as
Sec. 2526.40.
Sec. 2526.40 [Amended]
6. Newly redesignated Sec. 2526.40 is amended in paragraph (b)(2)
by removing the words ``under Sec. 2526.40''.
Sec. 2526.50 [Removed]
Sec. 2526.80 [Redesignated as Sec. 2526.50]
7. Section 2526.50 is removed and Sec. 2526.80 is redesignated as
Sec. 2526.50.
8. Newly redesignated Sec. 2526.50 is revised to read as follows:
Sec. 2526.50 Is there a limit on the number of education awards an
individual may receive?
(a) First and second terms of service. An individual may receive an
education award for only the first and second terms of service for
which an education award is available, regardless of the length of the
term.
(b) Release for cause. Except as provided in paragraph (c) of this
section, a term of service from which an individual is released for
cause counts as one of the two terms of service for which an individual
may receive an education award.
(c) Early release. If a participant is released for reasons other
than misconduct prior to completing fifteen percent of a term of
service, the term will not be considered one of the two terms of
service for which an individual may receive an education award.
Sec. 2526.90 [Redesignated as Sec. 2526.60]
9. Section 2526.90 is redesignated as Sec. 2526.60 and revised to
read as follows:
Sec. 2526.60 May an individual receive an education award and related
interest benefits from the National Service Trust as well as other loan
cancellation benefits for the same service?
No. An individual may not receive an education award and related
interest benefits from the National Service Trust for a term of service
and have that same service credited toward repayment, discharge, or
cancellation of other student loans.
Sec. 2526.100 [Removed]
10. Section 2526.100 is removed.
PART 2527--DETERMINING THE AMOUNT OF AN EDUCATION AWARD
1. The heading for part 2527 is revised to read as set forth above.
1a. The authority citation for part 2527 continues to read as
follows:
Authority: 42 U.S.C. 12601-12604.
2. Section 2527.10 is revised to read as follows:
Sec. 2527.10 What is the amount of an AmeriCorps education award?
(a) Full-time term of service. The education award for a full-time
term of service of at least 1,700 hours is $4,725.
(b) Part-time term of service. The education award for a part-time
term of service of at least 900 hours is $2,362.50.
(c) Reduced part-time term of service. The education award for a
reduced part-time term of service of fewer than 900 hours is--
(1) An amount equal to the product of--
(i) The number of hours of service required to complete the reduced
part-time term of service divided by 900; and
(ii) 2,362.50; or
(2) An amount as determined otherwise by the Corporation.
(d) Release for compelling personal circumstances. The education
award for an individual who is released from completing an originally-
approved term of service for compelling personal circumstances is equal
to the product of--
(1) The number of hours completed divided by the number of hours in
the originally-approved term of service; and
(2) The amount of the education award for the originally-approved
term of service.
1. Revise part 2528 to read as follows:
PART 2528--USING AN EDUCATION AWARD
Sec.
2528.10 For what purposes may an education award be used?
2528.20 What steps are necessary to use an education award to repay
a qualified student loan?
2528.30 What steps are necessary to use an education award to pay
all or part of the current cost of attendance at an institution of
higher education?
2528.40 Is there a limit on the amount of an individual's education
award that the Corporation will disburse to an institution of higher
education for a given period of enrollment?
2528.50 What happens if an individual withdraws or fails to
complete the period of enrollment in an institution of higher
education for which the Corporation has disbursed all or part of
that individual's education award?
2528.60 What steps are necessary to use an education award to pay
expenses incurred in participating in an approved school-to-work
program?
2528.70 What happens if an individual withdraws or fails to
complete the period of enrollment in an approved school-to-work
program for which the Corporation has disbursed all or part of that
individual's education award?
Authority: 42 U.S.C. 12601-12604.
Sec. 2528.10 For what purposes may an education award be used?
(a) Authorized uses. An education award may be used--
(1) To repay qualified student loans in accordance with
Sec. 2528.20;
(2) To pay all or part of the current cost of attendance at an
institution of higher education in accordance with Sec. 2528.30 through
Sec. 2528.50;
(3) To pay expenses incurred in participating in an approved
school-to-work program in accordance with Sec. 2528.60 through
Sec. 2528.70.
(b) Multiple uses. An education award is divisible and may be
applied to any
[[Page 17307]]
combination of loans, costs, or expenses described in paragraph (a) of
this section.
Sec. 2528.20 What steps are necessary to use an education award to
repay a qualified student loan?
(a) Required information. Before disbursing an amount from an
education award to repay a qualified student loan, the Corporation must
receive--
(1) An individual's written authorization and request for a
specific payment amount;
(2) Identifying and other information from the holder of the loan
as requested by the Corporation and necessary to ensure compliance with
this part.
(b) Payment. When the Corporation receives the information required
under paragraph (a) of this section, the Corporation will pay the
holder of the loan and notify the individual of the payment.
(c) Aggregate payments. The Corporation may establish procedures to
aggregate payments to holders of loans for more than a single
individual.
Sec. 2528.30 What steps are necessary to use an education award to pay
all or part of the current cost of attendance at an institution of
higher education?
(a) Required information. Before disbursing an amount from an
education award to pay all or part of the current cost of attendance at
an institution of higher education, the Corporation must receive--
(1) An individual's written authorization and request for a
specific payment amount;
(2) Information from the institution of higher education as
requested by the Corporation, including verification that--
(i) It has in effect a program participation agreement under
section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094);
(ii) Its eligibility to participate in any of the programs under
title IV of the Higher Education Act of 1965 has not been limited,
suspended, or terminated;
(iii) It has in effect a fair and equitable refund policy,
consistent with the requirements of paragraphs (b) and (c) of section
484B of the Higher Education Act of 1965 (20 U.S.C. 1091b), and must
ensure an appropriate refund to the Corporation if an individual who
has used an education award withdraws or otherwise fails to complete
the period of enrollment for which the education award was provided;
(iv) Individuals using education awards to pay for the current cost
of attendance at that institution do not comprise more than 15 percent
of the institution's total student population;
(v) The amount requested will be used to pay all or part of the
individual's cost of attendance;
(vi) The amount requested does not exceed the difference between:
(A) The individual's cost of attendance; and
(B) The sum of the individual's estimated student financial
assistance for that period under part A of title IV of the Higher
Education Act and the individual's veterans' education benefits as
defined in section 480(c) of the Higher Education Act (20 U.S.C.
1087vv(c)).
(b) Payment. When the Corporation receives the information required
under paragraph (a) of this section, the Corporation will pay the
institution and notify the individual of the payment.
(c) Installment payments. The Corporation will disburse the
education award to the institution of higher education in at least two
separate installments, none of which exceeds 50 percent of the total
amount. The interval between installments may not be less than one-half
of the period of enrollment, except as necessary to permit the second
installment to be paid at the beginning of the second semester,
quarter, or other division of a period of enrollment.
Sec. 2528.40 Is there a limit on the amount of an individual's
education award that the Corporation will disburse to an institution of
higher education for a given period of enrollment?
Yes. The Corporation's disbursement from an individual's education
award for any period of enrollment may not exceed the difference
between--
(a) The individual's cost of attendance for that period of
enrollment, determined by the institution of higher education in
accordance with section 472 of the Higher Education Act of 1965 (20
U.S.C. 1987ll); and
(b) The sum of--
(1) The individual's estimated financial assistance for that period
under part A of title IV of the Higher Education Act; and
(2) The individual's veterans' education benefits as defined under
section 480(c) of the Higher Education Act (20 U.S.C. 1087vv(c)).
Sec. 2528.50 What happens if an individual withdraws or fails to
complete the period of enrollment in an institution of higher education
for which the Corporation has disbursed all or part of that
individual's education award?
(a)(1) An institution of higher education that receives a
disbursement of education award funds from the Corporation must have in
effect, and must comply with, a fair and equitable refund policy that
includes procedures for providing a refund to the Corporation if an
individual for whom the Corporation has disbursed education award funds
withdraws or otherwise fails to complete a period of enrollment.
(2) For purposes of this part, an institution of higher education's
refund policy is deemed ``fair and equitable'' if it is consistent with
the requirements of paragraphs (b) and (c) of section 484B of the
Higher Education Act of 1965 (20 U.S.C. 1091b).
(b) The Corporation will credit any refund received for an
individual under paragraph (a) of this section to the individual's
education award allocation in the National Service Trust.
Sec. 2528.60 What steps are necessary to use an education award to pay
expenses incurred in participating in an approved school-to-work
program?
(a) Required information. Before disbursing an amount from an
education award to pay expenses incurred in participating in an
approved school-to-work program, the Corporation must receive--
(1) An individual's written authorization and request for a
specific payment amount;
(2) Information from the school-to-work program as requested by the
Corporation, including verification that--
(i) It is involved in a federally-approved school-to-work system,
as certified by a State, designated local partnership, or other entity
that receives a grant under the School-to-Work Opportunities Act of
1994 (20 U.S.C. 6101);
(ii) The amount requested will be used to pay all or part of the
individual's cost of participating in the school-to-work program;
(iii) It will ensure an appropriate refund, consistent with the
requirements of paragraphs (b) and (c) of section 484B of the Higher
Education Act of 1965 (20 U.S.C. 1091b), to the Corporation if an
individual who has used an education award withdraws or otherwise fails
to complete the period of enrollment for which the education award was
provided.
(b) Payment. When the Corporation receives the information required
under paragraph (a), the Corporation will pay the program and notify
the individual of the payment.
[[Page 17308]]
Sec. 2528.70 What happens if an individual withdraws or fails to
complete the period of enrollment in an approved school-to-work program
for which the Corporation has disbursed all or part of that
individual's education award?
(a)(1) An approved school-to-work program that receives a
disbursement of education award funds from the Corporation must provide
a fair and equitable refund to the Corporation if an individual for
whom the Corporation has disbursed education award funds withdraws or
otherwise fails to complete a period of enrollment.
(2) For purposes of this part, a refund is deemed ``fair and
equitable'' if it is an amount consistent with the requirements of
paragraphs (b) and (c) of section 484B of the Higher Education Act of
1965 (20 U.S.C. 1091b).
(b) The Corporation will credit any refund received for an
individual under paragraph (a) of this section to the individual's
education award allocation in the National Service Trust.
1. Revise part 2529 to read as follows:
PART 2529--PAYMENT OF ACCRUED INTEREST
Sec.
2529.10 Under what circumstances will the Corporation pay interest
that accrues on qualified student loans during an individual's term
of service in an approved AmeriCorps position?
2529.20 What steps are necessary to obtain forbearance in the
repayment of a qualified student loan during an individual's term of
service in an approved AmeriCorps position?
2529.30 What steps are necessary for using funds in the National
Service Trust to pay interest that has accrued on a qualified
student loan during a term of service for which an individual has
obtained forbearance?
Authority: 42 U.S.C. 12601-12604.
Sec. 2529.10 Under what circumstances will the Corporation pay
interest that accrues on qualified student loans during an individual's
term of service in an approved AmeriCorps position?
(a) Eligibility. The Corporation will pay interest that accrues on
an individual's qualified student loan, subject to the limitation on
amount in paragraph (b) of this section, if--
(1) The individual successfully completes a term of service in an
approved AmeriCorps position; and
(2) The holder of the loan approves the individual's request for
forbearance during the term of service.
(b) Amount. The percentage of accrued interest that the Corporation
will pay is the lesser of--
(1) The product of--
(i) The number of hours of service completed divided by the number
of days for which forbearance was granted; and
(ii) 365 divided by 17; and
(2) 100.
(c) Supplemental to education award. A payment of accrued interest
under this part is supplemental to an education award received by an
individual under parts 2526 through 2528 of this chapter.
(d) Limitation. The Corporation is not responsible for the
repayment of any accrued interest in excess of the amount determined in
accordance with paragraph (b) of this section.
(e) Suspended service. The Corporation will not pay any interest
expenses that accrue on an individual's qualified student loan during a
period of suspended service.
Sec. 2529.20 What steps are necessary to obtain forbearance in the
repayment of a qualified student loan during an individual's term of
service in an approved AmeriCorps position?
(a) An individual seeking forbearance must submit a request to the
holder of the loan.
(b) If, before approving a request for forbearance, the holder of
the loan requires verification that the individual is serving in an
approved AmeriCorps position, the Corporation will provide verification
upon a request from the individual or the holder of the loan.
Sec. 2529.30 What steps are necessary for using funds in the National
Service Trust to pay interest that has accrued on a qualified student
loan during a term of service for which an individual has obtained
forbearance?
(a) The Corporation will make payments from the National Service
Trust for interest that has accrued on a qualified student loan during
a term of service which the individual has successfully completed and
for which an individual has obtained forbearance, after the following:
(1) The program verifies that the individual has successfully
completed the term of service and the dates upon which the term of
service began and ended;
(2) The holder of the loan verifies the amount of interest that has
accrued during the term of service.
(b) When the Corporation receives all necessary information from
the program and the holder of the loan, the Corporation will pay the
holder of the loan and notify the individual of the payment.
Dated: March 31, 1999.
Thomas L. Bryant,
Acting General Counsel.
[FR Doc. 99-8363 Filed 4-8-99; 8:45 am]
BILLING CODE 6050-28-P
