AmeriCorps National Service Program, 51395-51416 [2010-20525]

Agencies

• Corporation for National and Community Service

[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Pages 51395-51416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20525]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Chapter XXV

RIN 3045-AA51


AmeriCorps National Service Program

AGENCY: Corporation for National and Community Service.

ACTION: Final rule.

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SUMMARY: The Corporation for National and Community Service (``the 
Corporation'') is issuing rules to implement changes to the operation 
of the National Service Trust as directed by the Edward M. Kennedy 
Serve America Act (``the Serve America Act'' or ``SAA''). In addition, 
this rule provides flexibility for exceptions to the 80 percent cost 
reimbursement requirement for Senior Companion and Foster Grandparent 
programs based on hardship. Finally, this rule reorders and renumbers 
certain parts of the existing regulations, adds new definitions, and 
makes several minor technical edits.

DATES: This final rule is effective September 20, 2010, except for the 
amendments to Sec. Sec.  2522.220, 2522.230, 2522.235, and 2522.240, 
which are effective August 20, 2010.

FOR FURTHER INFORMATION CONTACT: Amy Borgstrom, Docket Manager, 
Corporation for National and Community Service, (202) 606-6930, TDD 
(202) 606-3472. Persons with visual impairments may request this rule 
in an alternate format.

SUPPLEMENTARY INFORMATION:

List of Topics

I. Background
II. Public Comments
III. Specifics of Final Rule and Analysis of Comments
    A. Definitions
    B. Eligibility to Receive an Education Award
    C. Successful Completion of a Term of Service
    D. Partial Awards for Release for Compelling Personal 
Circumstances
    E. Limitation on Amount of Award Disbursed to Institution of 
Higher Education
    F. Use of Education Award for a Program of Education Approved by 
the Secretary of Veterans Affairs
    G. Payment of Accrued Interest
    H. Amount of AmeriCorps Education Award
    I. Amount of Silver Scholar and Summer of Service Education 
Awards
    J. Limitation on Value of Education Awards Received
    K. Impact of Aggregate Value of Education Awards Received
    L. Transfer of Education Awards
    M. Periods of Availability for Silver Scholar, Summer of 
Service, and Transferred Education Awards
    N. Certifications of Successful Completion of Terms of Service
    O. Effect of Erroneous Certifications of Successful Completion 
of Terms of Service
    P. Public Service Loan Forgiveness and AmeriCorps
    Q. Term Limits for AmeriCorps State and National
    R. Selection Criteria Sub-Categories for AmeriCorps State and 
National
    S. Applications for the Same Project
    T. Pre-Approval of Formula Programs
    U. Hardship Waiver Permitted for Cost Reimbursement Requirement 
for Senior Companion and Foster Grandparent Programs.
IV. Summary of Redesignations
V. Effective Dates
VI. Non-Regulatory Issues

I. Background

    On April 21, 2009, President Obama signed into law the Edward M. 
Kennedy Serve America Act (Serve America Act). The Serve America Act 
reauthorizes and expands national service programs administered by the 
Corporation by amending the National and Community Service Act of 1990 
(42 U.S.C. 12501 et seq.) (NCSA) and the Domestic Volunteer Service Act 
(42 U.S.C. 4950 et seq.) (DVSA). The Corporation engages more than five 
million Americans of all ages and backgrounds in service each year, 
including approximately 85,000 AmeriCorps members, nearly 500,000 
Senior Corps volunteers, 1.5 million Learn and Serve America students, 
and three million additional community volunteers mobilized and managed 
through agency programs.
    Section 6101 of the Serve America Act authorizes the Chief 
Executive Officer of the Corporation to issue such regulations as may 
be necessary to carry out the amendments required under the Act. To 
fulfill that responsibility, on September 10, 2009, the Corporation 
issued an interim final rule to implement time-sensitive changes to the 
Corporation's AmeriCorps State and National, Senior Corps, and Learn 
and Serve America program regulations. (74 FR 46495). The changes 
resulting from the interim final rule were required as a result of 
amendments to the NCSA and DVSA by the Serve America Act, which took 
effect for most purposes on October 1, 2009.
    In that rule, we stated our intention to engage in full notice and 
comment rulemaking to implement those amendments mandated by the Serve 
America Act that did not require immediate regulatory action. This 
rulemaking is the Corporation's second in a series to implement the 
amendments mandated by the Serve America Act. This rule primarily makes 
amendments and additions to existing regulations regarding the National 
Service Trust, including limitations on education award receipt, the 
available uses of an education award, eligibility to receive an 
education award, eligibility to transfer an education award, and the 
amount of an education award. This rule also addresses the limitation 
on the number of terms an individual may serve in an AmeriCorps State 
and National program. This rule adds flexibility in managing match 
requirements for Senior Companion and Foster Grandparent programs 
facing hardship. Finally, this rule makes several technical corrections 
inadvertently omitted from the interim final rule, including an 
amendment to the provision on pre-approval of Subtitle C formula 
programs, amendments to the AmeriCorps State and National selection 
criteria, and an amendment to include a reference to the Department of 
Education's new Public Service Loan Forgiveness Program.

II. Public Comments

    On February 23, 2010, the Corporation published a proposed rule in 
the Federal Register (75 FR 8013) with a 60-day comment period. In 
addition to accepting comments in writing through e-mail and through 
https://www.regulations.gov, the Corporation held four conference calls. 
During the public comment period, the Corporation received over 400 
comments on the proposed rule from grantees, the Corporation's 
Inspector General, and other interested parties. Over half of the 
comments received recommended changes to the rule that are not 
currently authorized by statute, including expanding the types of 
people who can transfer and receive education

[[Page 51396]]

awards. The Corporation also received numerous comments on items not 
within the scope of this rulemaking, such as comments on the Silver 
Scholar program and the amount of the Foster Grandparent stipend. While 
these comments are not addressed here, the Corporation will take them 
under consideration in the future.
    The remaining comments expressed views on the merits of particular 
sections of the proposed regulations, as well as some broader policy 
statements and issues. Acknowledging that there are strong views on, 
and competing legitimate public policy interests relating to, issues in 
this rulemaking, the Corporation has carefully considered all of the 
comments on the proposed regulations.
    The Corporation has summarized below the major comments received on 
the proposed regulatory changes, and has described the changes we made 
in the final regulatory text in response to the comments received. In 
addition to the more substantive comments below, the Corporation 
received some editorial suggestions, some of which we have adopted. The 
Corporation has also made minor editorial changes to better organize 
the regulatory text.

III. Specifics of the Final Rule and Analysis of Comments

    As discussed in more detail below, the final rule:
     Amends the definitions of ``education award'' and ``term 
of service,'' and adds definitions for ``AmeriCorps education award,'' 
``Silver Scholar education award,'' ``Summer of Service education 
award,'' ``approved Silver Scholar position,'' ``approved Summer of 
Service position,'' ``G.I. Bill approved program,'' and ``economically 
disadvantaged youth'';
     Adds individuals who complete approved Silver Scholar and 
Summer of Service positions as eligible to receive an education award;
     Adds a requirement for programs to complete an end-of-term 
evaluation to determine whether an individual successfully completed 
the term of service;
     Clarifies that an individual must have served 
satisfactorily prior to being released for compelling personal 
circumstances in order to receive a partial award;
     Removes consideration of an individual's veterans' 
benefits when determining the maximum amount of an individual's 
education award that may be disbursed to an institution of higher 
education;
     Adds to the list of uses for an education award use to pay 
expenses incurred in enrolling in an educational institution or 
training establishment approved by the Secretary of Veterans Affairs 
for offering programs of education, apprenticeship, or on-the-job 
training for which educational assistance may be provided by the 
Secretary of Veterans Affairs;
     Includes individuals who successfully complete service in 
a Silver Scholar program as eligible for the payment of accrued 
interest on qualified student loans;
     Amends the amount of a full-time AmeriCorps education 
award to be equal to the maximum amount of a Federal Pell Grant for the 
year in which the AmeriCorps position is approved;
     Adds sections stating the amount of a Silver Scholar 
education award ($1,000) and Summer of Service education award ($500);
     Adds limitation that no individual may receive more than 
the aggregate value of two full-time education awards and describes how 
an education award's value is determined;
     Adds a new part on transferring education awards, 
including limitations on who may transfer, who may receive a 
transferred award, and the processes for transferring, accepting, 
rejecting, and revoking a transferred award;
     Clarifies the periods of availability for Silver Scholar 
education awards (7 years), Summer of Service education awards (10 
years), and transferred education awards (10 years);
     Adds a requirement for programs to certify that an 
individual successfully completed a term of service in order to receive 
an education award;
     Adds a section on the Corporation's recourses in cases 
where a grantee makes an erroneous certification that an individual 
successfully completed a term of service;
     Adds flexibility to permit an individual to credit service 
time towards receiving an education award and earning Public Service 
Loan Forgiveness through the Department of Education;
     Increases the limit of terms one may serve in AmeriCorps 
State and National from two to four;
     Removes selection criteria sub-categories and relative 
weights for AmeriCorps State and National grant competitions;
     Removes the restriction on submitting more than one 
application for the same project at the same time and clarifies that 
the Corporation will not provide more than one grant to the same 
project in the same fiscal year;
     Removes the requirement that State Commissions pre-select 
formula programs prior to submitting a formula application; and
     Adds an option for a hardship waiver for the Senior 
Companion and Foster Grandparent cost-reimbursement requirement.

A. Definitions (Sec. Sec.  2510.20, 2525.20)

    The National Service Trust is an account in the U.S. Treasury 
authorized to disburse education awards to national service 
participants. Prior to passage of the Serve America Act, the 
Corporation was authorized to disburse one type of education award from 
the National Service Trust--a national service education award, also 
known as a Segal AmeriCorps Education Award, available upon successful 
completion of a term of service in an approved AmeriCorps position. An 
``approved AmeriCorps position'' is one of the positions described in 
Section 123 of the Act, including a position in AmeriCorps State and 
National, AmeriCorps NCCC, AmeriCorps VISTA, and the newly authorized 
ServeAmerica Fellowship program.
    The Serve America Act authorizes two new types of education awards: 
(1) A Silver Scholar education award of $1,000, available upon 
successful completion of a term of service in an approved Silver 
Scholar position; and (2) a Summer of Service education award of $500 
(with authority for awards up to $750 for economically disadvantaged 
youth), available upon successful completion of a term of service in an 
approved Summer of Service position. Silver Scholar and Summer of 
Service education awards are available for use for the same purposes as 
AmeriCorps education awards: to repay qualified student loans, to pay 
for current educational expenses at an institution of higher education, 
and to pay for the cost of attending a program of education approved by 
the Secretary of Veterans Affairs.
    Several commenters sought clarification regarding the nature of the 
Summer of Service program, as the Corporation has supported multiple 
initiatives referred to as ``Summers of Service.'' To clarify, an 
approved Summer of Service position is one supported through a Learn 
and Serve America grant authorized and funded under Subtitle B of Title 
I of the NCSA. For more information on the Summer of Service program, 
see https://www.learnandserve.gov/about/programs/community_based.asp.
    To align with the amended statute, this rule amends Sec.  2525.20 
by adding three separate definitions for ``AmeriCorps education 
award,'' ``Silver

[[Page 51397]]

Scholar education award,'' and ``Summer of Service education award.''
    Each of these awards is based upon successful completion of a term 
of service in an approved position. For a position of any type to be 
considered ``approved,'' the Corporation must have agreed to provide a 
corresponding education award upon successful completion of a term of 
service in that position. This rule amends Sec.  2510.20 by adding 
definitions to clarify that in order for a Summer of Service or Silver 
Scholar position to be considered approved, it must be approved by the 
Corporation for the receipt of a Silver Scholar or Summer of Service 
education award, respectively.
    A term of service in an approved Silver Scholar position must be 
for at least 350 hours during a period of one year. A term of service 
in an approved Summer of Service position must be for at least 100 
hours ``during the summer months.'' To clarify that what constitutes a 
term of service will vary depending upon the program, this rule amends 
the definition of ``term of service'' in Sec.  2525.20 to align with 
the NCSA by providing separate descriptions for terms of service in 
approved AmeriCorps, Silver Scholar, and Summer of Service positions.
    We received many requests for additional clarification on the 
Silver Scholar and Summer of Service programs, including whether there 
will be limitations on the number of terms an individual may serve in 
each program and how the Silver Scholar program will interact with 
other programs. Specific rules for these programs were not a part of 
this rulemaking; the Corporation may undertake separate rulemakings on 
these topics in the future.
    As stated above, a Summer of Service education award will generally 
be $500. However, the NCSA authorizes the Corporation to establish a 
Summer of Service award of $750 for ``economically disadvantaged 
youth.'' The Corporation defines ``economically disadvantaged youth'' 
for the purposes of the larger Summer of Service education award as a 
child who is eligible for a free lunch or breakfast under the Richard 
B. Russell National School Lunch Act. This rule amends Sec.  2525.20 to 
add this definition.
    The Corporation received several comments questioning the 
Corporation's definition of ``economically disadvantaged youth,'' 
including comments that such a definition would exclude home-schooled 
children and middle school youth who do not sign up for free lunch. 
Using the eligibility guidelines for participation in a free lunch or 
breakfast program under the Richard B. Russell National School Lunch 
would not exclude home-schooled students or students who do not sign up 
for a free lunch or breakfast. A child need not actually be enrolled in 
a school-based free lunch or breakfast program to qualify for the 
larger Summer of Service education award. The definition means only 
that the eligibility standards of such a program will be used to 
determine whether a child qualifies for a larger education award.
    The proposed rule defined an ``economically disadvantaged youth'' 
as one who is eligible for free or reduced lunch and breakfast. Upon 
further consideration, the Corporation has amended the definition in 
the final rule to an individual who is eligible for free or reduced 
lunch or breakfast.
    While the Corporation has the authority to establish a larger award 
for economically disadvantaged youth, the Corporation has not elected 
to use this authority in the first year of funding Summer of Service 
programs.

B. Eligibility To Receive an Education Award (Sec.  2526.10)

    The Serve America Act created two new types of education awards: 
Silver Scholar education awards and Summer of Service education awards, 
for $1,000 and $500 respectively, available upon successful completion 
of an approved Silver Scholar or Summer of Service position. This rule 
amends Sec.  2526.10 to include individuals who successfully complete 
terms of service in approved Silver Scholar or Summer of Service 
positions as eligible to receive an education award from the National 
Service Trust.
    Previously, the list of eligibility criteria to receive an 
education award in Sec.  2526.10 described the eligibility criteria to 
serve in AmeriCorps State and National, AmeriCorps NCCC, and AmeriCorps 
VISTA, including age and education criteria that would exclude 
individuals in Summer of Service positions, which are available for 
``youth who will be enrolled in any of grades 6 through 12 at the end 
of the summer'' (42 U.S.C. 12563(c)(8)). To align with the amended 
statute, this rule amends Sec.  2526.10 to defer to the eligibility 
criteria of individual programs for program-specific criteria.
    Under this rule, for an individual to be eligible to receive an 
education award, the organization responsible for the individual's 
supervision must certify that the individual: (1) Met the applicable 
eligibility requirements for the approved national service position, 
approved Silver Scholar position, or approved Summer of Service 
position, as appropriate; (2) successfully completed the term of 
service in the AmeriCorps, Silver Scholar, or Summer of Service 
program; and (3) is a citizen, national, or lawful permanent resident 
alien of the United States.

C. Successful Completion of a Term of Service (Sec.  2526.15)

    Section 146 of the NCSA directs the Corporation to determine a 
process by which an organization responsible for the supervision of a 
national service participant may determine whether the participant 
successfully completed a term of service. This rule adds a new Sec.  
2526.15 describing that process. Under this rule, organizations 
supervising AmeriCorps State and National participants will continue to 
use the existing process detailed at Sec.  2522.220(d).
    For Summer of Service and Silver Scholar programs, the organization 
is required to conduct an end-of-term evaluation for each participant 
to determine whether the individual successfully completed the term of 
service. To determine whether an individual successfully completed a 
term, the program must examine whether: (1) The individual completed 
the required number of service hours for the respective term of 
service; (2) the individual performed satisfactorily on assignments, 
tasks, or projects; and (3) the individual met any other performance 
criteria as communicated to the member by the organization. What is 
considered ``satisfactory performance'' is within the discretion of the 
program.
    For the purpose of this requirement, certification that an 
individual did or did not successfully complete a term of service will 
be deemed to incorporate an end-of-term evaluation. A certification of 
successful completion will not, however, suffice as documentation of 
hours served.
    One commenter noted that the proposed language of Sec.  2526.15 is 
not explicit that an individual must satisfy all three elements of the 
evaluation in order to be considered to have successfully completed a 
term of service.
    The Corporation has amended Sec.  2526.15 to clarify that a 
certification of successful completion necessarily encompasses a 
determination that the individual completed the service hour 
requirement, performed satisfactorily, and met any other performance 
criteria set by the program.
    The Corporation received several requests for standard definitions 
of ``satisfactory'' and ``unsatisfactory.'' To

[[Page 51398]]

afford programs the necessary flexibility to supervise and manage their 
members, the Corporation declines to set a standard for what is 
considered ``satisfactory.''
    The proposed rule inadvertently included AmeriCorps VISTA and 
AmeriCorps NCCC in the above certification process. The Corporation 
uses its own process to determine whether a VISTA or NCCC member has 
successfully completed a term of service; the above rules do not apply 
to VISTA or NCCC.

D. Partial Awards for Release for Compelling Personal Circumstances 
(Sec. Sec.  2526.20-25)

    Section 147 of the NCSA authorizes the Corporation to make 
education awards in five different amount categories: (1) An amount for 
successful completion of a full-time approved national service 
position; (2) an amount for successful completion of a part-time 
approved national service position; (3) an amount for partial 
completion of service, available upon release for compelling personal 
circumstances from an approved national service position; (4) an amount 
for a Silver Scholar education award for successful completion of an 
approved Silver Scholar position; and (5) an amount for a Summer of 
Service education award for successful completion of an approved Summer 
of Service position. Partial awards are described only in the context 
of release for compelling personal circumstances from an approved 
national service position.
    In describing types of service positions in section 146, the Act 
distinguishes between approved national service positions (which are 
described in section 123 to include AmeriCorps State and National, 
AmeriCorps VISTA, AmeriCorps NCCC, and ServeAmerica Fellows), approved 
Silver Scholar positions, and approved Summer of Service positions. The 
Act does not provide for a pro-rated award for a release for compelling 
personal circumstances from an approved Silver Scholar or Summer of 
Service position.
    This rule amends Sec.  2526.20 and adds a new Sec.  2526.25 to 
clarify that partial awards will not be available for individuals who 
are released early from Silver Scholar or Summer of Service positions, 
even for compelling reasons. We received several comments recommending 
that a release for compelling personal circumstances be permitted for 
Silver Scholars and Summer of Service positions. As stated above, there 
is no authority for a partial award for a release for compelling 
personal circumstances from a Silver Scholar or Summer of Service 
position.
    This rule also amends Sec.  2526.20 to reflect the statutory 
requirement that an individual serving in an approved AmeriCorps 
position must have performed satisfactorily before being released for 
compelling personal circumstances in order to receive a partial 
education award.

E. Limitation on Amount of Award Disbursed to Institution of Higher 
Education (Sec. Sec.  2528.30-40)

    Prior to the effective date of the Serve America Act, under section 
148(c)(6) of the NCSA, the Corporation's disbursement from an 
individual's education award for any period of enrollment at an 
institution of higher education could not exceed the difference between 
that individual's cost of attendance for that period of enrollment and 
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' benefits as defined under section 480(c) of the 
Higher Education Act. The Serve America Act amended section 148(c)(6) 
to eliminate consideration of an individual's veterans' benefits in 
this manner. This rule amends Sec. Sec.  2528.30 and 2528.40 to align 
with amended section 148(c)(6) by removing any consideration of an 
individual's veterans' benefits when determining the maximum amount of 
the individual's education award that may be disbursed to an 
institution of higher education.

F. Use of Education Award for a Program of Education Approved by the 
Secretary of Veterans Affairs (Sec. Sec.  2528.10, 60-80)

    The Serve America Act amended section 148 of the NCSA to add a 
fifth available use for an education award. Under the amended law, the 
education award is available ``to pay expenses incurred in enrolling in 
an educational institution or training establishment that is approved 
under chapter 36 of title 38, United States Code, or other applicable 
provisions of law, for offering programs of education, apprenticeship, 
or on-job training for which educational assistance may be provided by 
the Secretary of Veterans Affairs.'' (42 U.S.C. 12604(a)(4)). This rule 
amends Sec.  2528.10 to add this use to the list of available uses, and 
adds rules on the process for using the award for this purpose. 
Benefits offered under chapter 36 of title 38, U.S.C., were authorized 
under the Montgomery G.I. Bill and the Post 9/11 G.I. Bill. This rule 
adds a definition for ``G.I. Bill approved programs.''
    This rule requires that the institution or training establishment 
at which an individual requests to use an education award certify under 
penalty of law that the amount requested will be used to pay all or 
part of the individual's expenses attributable to a course, program of 
education, apprenticeship, or job training program offered by that 
institution or training establishment. Further, the institution or 
training establishment must certify under penalty of law that the 
course or program for which the individual is requesting to use the 
education award is currently approved by the State approving agency for 
the State where the institution or establishment is located, or by the 
Secretary of Veterans Affairs.
    The Department of Veterans Affairs is the agency responsible for 
approving courses or programs of education under chapter 36 of title 
38, U.S. Code, and the Corporation defers to the decisions made by the 
State approving agencies and the Secretary of Veterans Affairs 
regarding approving--or withdrawing approval--of a program of 
education. The Corporation will only disburse funds to an institution 
or establishment if it verifies that a course or program of education 
has received the requisite approval.
    Unlike G.I. education benefits, which may be disbursed directly to 
an individual, under this rule, the education award will only be 
disbursed directly to the educational institution or training 
establishment.
    If an individual for whom the Corporation has disbursed an 
education award withdraws or fails to complete the period of enrollment 
at an educational institution or training establishment in a program of 
education approved by the Secretary of Veterans Affairs, this rule 
requires the educational institution or training establishment to 
provide a pro-rated refund to the Corporation. The Corporation will 
provide more detailed guidance on the refund process during 
implementation.

    Please Note: An individual will begin being able to use the 
Corporation's online systems to request the use of an award at a 
G.I. Bill approved program beginning mid-August, 2010 or 30 days 
following the publishing of this regulation, whichever is later.

G. Payment of Accrued Interest (Sec.  2529.10)

    This rule amends Sec.  2529.10, which previously provided for 
interest forbearance to individuals serving in approved AmeriCorps 
positions, to clarify that individuals who

[[Page 51399]]

successfully complete terms of service in approved Silver Scholar 
positions may also be eligible for payments of interest accrued on 
qualified student loans while serving. The rule does not include Summer 
of Service positions, as Summer of Service positions are reserved for 
rising 6th through 12th graders who, having not yet enrolled in an 
institution of higher education, will not yet have incurred qualified 
student loans.
    The Serve America Act also amended section 123 by expanding the 
list of positions considered to be approved national service positions 
to include ``a position involving service in the ServeAmerica 
Fellowship program.'' The term ``approved national service position'' 
is used interchangeably with the term ``approved AmeriCorps position.'' 
Therefore, an individual who serves in a ServeAmerica Fellowship 
position will be eligible for the payment of accrued interest on 
qualified student loans upon successful completion of a term of 
service.

H. Amount of AmeriCorps Education Award (Sec.  2527.10)

    Upon successful completion of a term of service in an approved 
AmeriCorps position, including positions in AmeriCorps State and 
National, AmeriCorps VISTA, AmeriCorps NCCC, and ServeAmerica Fellows, 
an individual is eligible to receive an AmeriCorps education award from 
the National Service Trust. Prior to the passage of the Serve America 
Act, the amount of a full-time AmeriCorps education award was set in 
law at $4,725.
    The Serve America Act amended section 147 of the NCSA by changing 
the amount of a full-time national service education award to be 
``equal to the maximum amount of a Federal Pell Grant under section 401 
of the Higher Education Act of 1965 (20 U.S.C. 1071a) that a student 
eligible for such Grant may receive in the aggregate * * * for the year 
for which the national service position is approved by the 
Corporation.'' This rule amends Sec.  2527.10 to conform to the changes 
in the NCSA in the amount of the full-time award.
    The amount of the Pell Grant upon which AmeriCorps education awards 
will be based may change each year. Thus, the amount of an AmeriCorps 
education award may also change annually. To determine the amount of an 
AmeriCorps education award, the Corporation will use the amount of the 
Pell Grant as of October 1 (the first day of the Federal fiscal year) 
in the fiscal year in which the national service position is approved. 
For example, if a national service position is approved in September of 
2010, the amount of the education award will be based on a full-time 
amount of $5,350--the amount of the Pell Grant as of October 1, 2009 
(the first day of fiscal year 2010).
    The trigger date for determining the amount of an education award 
for a particular national service position is the date that position is 
approved--not the date the individual begins serving in a national 
service position. Not all positions that begin in a fiscal year will 
receive an education award based on the amount of the Pell Grant in 
that fiscal year.
    In accordance with the national service laws, funding for education 
awards is obligated on a different schedule for AmeriCorps VISTA, 
AmeriCorps NCCC, and AmeriCorps State and National. What follows is a 
detailed discussion on how the approval date for a national service 
position is determined for the purposes of establishing the amount of 
an education award.
    For AmeriCorps VISTA, a position is considered to be approved at 
the time the Corporation enters into an enforceable agreement with an 
individual, signified by the individual's taking the VISTA oath of 
service. (42 U.S.C. 4954(c)). For an AmeriCorps VISTA position, the 
education award amount is equal to the amount of a Pell Grant on 
October 1 of the fiscal year in which the VISTA takes the oath of 
service. For example, a VISTA who takes the oath on any date between 
October 1, 2009, and September 30, 2010, is eligible for a full-time 
award amount of $5,350--the amount of the Pell Grant as of October 1, 
2009.
    For AmeriCorps NCCC, a position is considered to be approved at the 
time the Corporation enters into an enforceable agreement with an 
individual, signified by the individual's signing of an AmeriCorps NCCC 
member agreement. (42 U.S.C. 12606(a)(1)(A)(i)). For an AmeriCorps NCCC 
position, the education award amount will be equal to the amount of a 
Pell Grant on October 1 of the fiscal year in which the AmeriCorps NCCC 
member signs the member agreement. Therefore, an individual who signs 
an AmeriCorps NCCC member agreement on any date between October 1, 
2009, and September 30, 2010, will receive an award based on a full-
time award amount of $5,350--the amount of the Pell Grant as of October 
1, 2009.
    For AmeriCorps State and National, by law, a position is considered 
to be approved at the time the Corporation executes a grant used to 
support the AmeriCorps member--not the date an AmeriCorps member takes 
an oath, signs an agreement, or begins service. (42 U.S.C. 
12606(a)(1)(A)(ii)). AmeriCorps State and National grants are generally 
made during the spring and summer, i.e., in the latter half of a fiscal 
year. As a result, unlike AmeriCorps NCCC and AmeriCorps VISTA members 
(who are eligible for the new amount of the award as of October 1), the 
earliest point at which an AmeriCorps member may begin serving in a 
position funded by those grants may be closer to the end of a fiscal 
year.
    For example, if an AmeriCorps State program receives a grant and an 
allotment of AmeriCorps positions on August 1, 2010, and enrolls a 
member using fiscal year 2010 grant funds on August 3, 2010, that 
member will receive an education award based on a full-time amount of 
$5,350--the amount of the Pell Grant on October 1, 2009, the first day 
of the fiscal year in which the August 2010 grant was made. If the 
program then enrolls another member on October 10, 2010, that member 
will also receive an education award based on the $5,350 amount--even 
though at that point a new fiscal year has begun, and the Pell Grant 
for fiscal year 2011 may have increased or decreased as of October 1, 
2010. The determining factor is that the member position was approved 
by the Corporation in a grant awarded in fiscal year 2010.
    Further, unlike an AmeriCorps NCCC or AmeriCorps VISTA member, 
whose approval date will closely correlate with the day the individual 
begins service, it is possible for an AmeriCorps State and National 
member beginning service in one fiscal year to be supported with funds 
from a grant made in a prior fiscal year. Therefore, it is possible for 
two AmeriCorps members starting service on the same day to be supported 
by two different grant awards made in two different fiscal years, 
resulting in two different approval dates and two different education 
award amounts.
    For example, consider two programs with different member enrollment 
periods. Program A has an enrollment period of September 1, 2010 to 
August 30, 2011. Program B's enrollment period is September 15, 2010 to 
September 14, 2011. Both programs receive a grant award for the second 
year of their grant in the summer of 2011, and each enrolls a member on 
September 2, 2011. The member enrolling in Program A will be enrolling 
at the beginning of the enrollment period for that program year, and 
will receive an education award based on the amount of a full-time 
award on October 1, 2010. The member

[[Page 51400]]

enrolling in Program B will be enrolling at the end of the enrollment 
period for the prior program year, and will receive an education award 
based on the amount of a full-time award on October 1, 2009.
    The Corporation received several comments expressing concern about 
the possibility of two members serving simultaneously but receiving 
different education award amounts. Specifically, these commenters noted 
that different education award amounts may give the appearance of 
inequity between members.
    In the proposed rule, the Corporation included an example of a 
scenario under which a program enrolls two members on the same day 
using one slot from the prior year grant and one slot from the current 
year grant. While such a scenario is possible, it is unlikely to occur. 
However, it is likely that an AmeriCorps State and National member may 
start on the same day as an AmeriCorps VISTA member at the same service 
site. To mitigate a perception of inequity among members in any case, 
and to reduce confusion, it is essential for AmeriCorps programs--
particularly those with AmeriCorps State and National members--to 
clearly communicate to each member, prior to the commencement of 
service, the amount of the education award being offered to the 
individual for successful completion of the term of service. Beginning 
with grants made in 2010, AmeriCorps State and National grant 
provisions will direct grantees to specify the amount of the education 
award being offered for successful completion of a term of service in 
the member service agreement.
    One commenter recommended that the Corporation make the education 
award amount for a particular AmeriCorps position available to the 
member and the program through the MyAmeriCorps portal. The Corporation 
is developing its systems to provide this information through the 
MyAmeriCorps portal in the near future, but will also require programs 
to communicate this information to the member in the member service 
agreement.
    It is important to remember that the Serve America Act went into 
effect on October 1, 2009. All positions approved prior to that date 
are eligible for awards based on a full-time amount of $4,725. To learn 
more about the amount of the education award and how it is determined, 
visit the AmeriCorps Web site at https://www.americorps.gov/for_individuals/benefits/benefits_ed_award.asp.

I. Amount of Silver Scholar and Summer of Service Education Awards 
(Sec.  2527.10)

    As previously discussed, the Serve America Act created two new 
types of education awards: Silver Scholar education awards and Summer 
of Service education awards. This rule amends Sec.  2527.10 to include 
the Silver Scholar education award of $1,000, available upon successful 
completion of a term of service of at least 350 hours in a Silver 
Scholar position.
    This rule also amends Sec.  2527.10 to include the Summer of 
Service education award of $500, available upon successful completion 
of at least 100 hours in a Summer of Service position. The Corporation 
may authorize a Summer of Service education award of $750 if the 
participant is an economically disadvantaged youth.
    In the proposed rule, we stated that in order to authorize the 
increased award, the Corporation must receive a certification from the 
school with which the participant served that the participant meets the 
definition of ``economically disadvantaged youth,'' defined in this 
rule as a child that is eligible for a free lunch or breakfast under 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)). 
Upon further consideration, the Corporation is changing this 
certification requirement in the final rule, and will instead require 
verification from the school or organization with which the participant 
served.
    Pro-rated education awards for an early release for compelling 
personal circumstances from a Silver Scholar or Summer of Service 
position are not available. If an individual fails to complete either 
type of term for any reason, the individual will not receive an award. 
And unlike the AmeriCorps education award described in the previous 
section, under the authorizing statute Silver Scholar and Summer of 
Service education awards will not vary in amount from one year to the 
next.
    Summer of Service and Silver Scholar education awards may be used 
for the same purposes as AmeriCorps education awards, including paying 
for the cost of attendance or other current educational expenses at an 
institution of higher education, to pay expenses incurred in enrolling 
in an educational institution or training establishment approved by the 
Secretary of Veteran's Affairs for programs of education, 
apprenticeship, or on the job training, and to repay qualified student 
loans.

J. Limitation on Value of Education Awards Received (Sec.  2526.50)

    Prior to the passage of the Serve America Act, the national service 
laws limited individuals to receive an education award ``only on the 
basis of the first and second * * * terms of service.'' A term of 
service includes full-time, part-time, or less-than-part-time terms, 
terms in which the person served at least 15 percent of the term of 
service, and terms for which an individual was released for misconduct 
regardless of the amount of time served. Terms range in service hour 
requirements from 300 hours to more than 1,700 hours, but despite the 
contrast in the level of commitment required or the service opportunity 
presented, all terms were previously considered of equal value for the 
purposes of limiting the receipt of education awards.
    The Serve America Act amended the national service laws to no 
longer limit the receipt of education awards based upon the number of 
terms served, but rather place the limit on the aggregate value of 
education awards received. Section 146(c) now states: ``An individual 
may not receive, through national service educational awards and silver 
scholar educational awards, more than an amount equal to the aggregate 
value of [two] such awards for full-time service.''
    The amended law allows for an individual to earn more than two 
education awards, so long as the aggregate value of all awards received 
does not exceed the aggregate value of two full-time national service 
education awards. Significantly, the law does not create an entitlement 
to receive the aggregate value of two full-time awards; rather, it 
prohibits an individual from receiving more than the aggregate value of 
two full-time awards. This rule amends Sec.  2526.50 to align with the 
amended statutory language.
    As previously discussed, the amount of a full-time education award 
is now tied to the amount of a Pell Grant in the year the position is 
awarded, and is likely to change each year. The Corporation does not 
interpret the amended statute to provide that the value of two full-
time education awards for the purposes of this section is equal to the 
dollar amount of two full-time awards and would thus similarly change 
on an annual basis, providing a potentially unlimited number of service 
opportunities and education awards. Nor does the Corporation interpret 
this change as a means of ensuring that all national service 
participants receive an identical amount. Rather, the Corporation 
interprets the change in

[[Page 51401]]

focus from the number of terms served to the value of education awards 
received as a means of affording individuals serving in less-than-full-
time terms more service opportunities. In other words, for the purposes 
of the limitation on education award receipt, value is distinct from 
amount.
    The Corporation considers an education award to be the counterpart 
to successful completion of a term of service, and while the amount of 
that award might change, the service opportunity offered by a 
particular term of service is constant. The Corporation interprets the 
``value'' of a full-time education award to be representative of the 
service opportunity upon which it is based. Therefore, a limitation of 
two full-time education awards can be understood as a limitation of two 
full-time service opportunities.
    In order to attribute a value to an award received on the basis of 
a static service opportunity in an environment in which the award 
amount may fluctuate annually, the Corporation will measure the value 
of any award amount relative to the amount of a full-time award in a 
given year. For the purposes of this section, the value of an education 
award will be considered equal to the actual amount of the education 
award received divided by the amount of a full-time education award in 
the fiscal year the AmeriCorps or Silver Scholar position upon which 
the award is based was approved. Using this calculation, every award 
received will be considered to have a value between 0 and 1. Although 
the amount of a full-time award may change, the value of a full-time 
award will always be equal to 1.
[GRAPHIC] [TIFF OMITTED] TR20AU10.013

     For example, an individual who completed a part-time position 
approved in 2009 received an education award of $2,362.50. The value of 
this award is the amount received, $2,362.50, divided by $4,725, the 
amount of a full-time award in the year the position was approved, or 
.5. Another individual completes a part-time position approved in 2010 
and receives an education award of $2,675. The value of this award is 
the amount received, $2,675, divided by $5,350, the amount of a full-
time award in the year the position was approved, or .5. Using this 
calculation, the value of an award received for part-time service will 
always be equal to .5.
    If an individual leaves a term of service for compelling personal 
circumstances and receives a pro-rated award, the value attributed to 
that award will be based on the amount actually received. For example, 
an individual was released for compelling personal circumstances from a 
full-time position approved in 2009 after serving 800 hours, and 
received a pro-rated award of $2,223.52. The value of this award is the 
amount of the award received, $2,223.52, divided by, $4,725, the amount 
of a full-time award in the year the position was approved, or .47. 
Another individual was released for compelling personal circumstances 
from a full-time position approved in 2010 after serving 800 hours, and 
received a pro-rated award of $2,517.64. The value of this award is the 
amount of the award received, $2,517.64, divided by $5,350, the amount 
of a full-time award in the year the position was approved, or .47.
    If an individual exits a term for cause and does not receive an 
education award, the amount received will be $0, and therefore no value 
will be attributed to the individual for purposes of this section. 
However, an exit for cause will have an impact on the individual's 
eligibility to serve subsequent terms of service. A term exited for 
cause is considered a term of service for the purposes of term 
limitations for individual programs. For example, if an individual has 
already served one term of service in AmeriCorps NCCC, and exits a 
second term in AmeriCorps NCCC for cause, the individual has exhausted 
the two terms of service one may serve in AmeriCorps NCCC. 
Additionally, if an individual is released for cause from an approved 
AmeriCorps position (including positions in AmeriCorps State and 
National, AmeriCorps VISTA, AmeriCorps NCCC, and ServeAmerica Fellows), 
and the program determines in the end-of-term evaluation that the 
individual served unsatisfactorily, the individual may not serve a 
subsequent term in an approved AmeriCorps position.
    For the purpose of transferred awards (discussed further in the 
section in this preamble on transfer), the value of the award received 
by a transferee will be the actual amount of the award received divided 
by the amount of a full-time award in the year the position for which 
the transferring individual received the award was approved. For 
example, if an individual receives an education award based on a term 
of service approved in 2010, and later transfers $1,000 of that

[[Page 51402]]

award to a grandchild, the grandchild will be considered to have 
received an award value of .19, the result of dividing the amount 
received, $1,000, by the amount of a full-time award in 2010, $5,350. 
If the transferring individual revokes all or part of an award, the 
value considered to be received by the designated individual will be 
decreased accordingly. An individual who receives the aggregate value 
of two full-time awards through transferred awards may enroll in a 
national service position, but will not be eligible to receive any 
additional AmeriCorps or Silver Scholar education awards.
    For purposes of this section, an award is considered to be received 
at the time it becomes available for an individual's use, and the fact 
that an individual does not use an award does not diminish its value. 
In addition, an individual who transfers an award will still be 
considered to have received the award, and the value of the award for 
the purposes of this section will not be decreased by the amount the 
individual transfers to a designated individual. For example, if an 
individual successfully completes two full-time terms of service, and 
the individual then transfers both full-time awards to a child, both 
the child and the transferring individual will be considered to have 
received two full-time awards.
    This rule states that an individual may receive no more than the 
aggregate value of two full-time education awards. The aggregate value 
of awards received will be equal to the sum of the value of each 
national service education award received (awards received from terms 
of service in AmeriCorps State and National, AmeriCorps VISTA, 
AmeriCorps NCCC, or ServeAmerica fellowships), including partial 
awards, the value of each Silver Scholar award received, and the value 
of each transferred award received. The calculation of the aggregate 
value does not include Summer of Service education awards, as these are 
excluded by law.
    For example, an individual served a full-time term in 2008 and 
received an award of $4,725. The same individual served a part-time 
term in 2009 and received an award of $2,362.50. The individual enrolls 
in a minimum-time term in 2010 and receives an award of $1,132.60. The 
value of the first award is 1 ($4,725 divided by $4,725), the value of 
the second award is .5 ($2,362.50 divided by $4,725), and the value of 
the third award is .21 ($1,132.60 divided by $5,350). The aggregate 
value of awards received is 1.71 (1 + .5 + .21).
    The Corporation has received questions about whether awards 
received prior to the effective date of the Serve America Act will be 
included in determining the aggregate value of education awards 
received. The national service laws, as amended by the Serve America 
Act, do not differentiate between awards received prior to the 
effective date and those received subsequent to the effective date. All 
awards earned in the past will have a value attributed to them for the 
purposes of this section. Thus, under the proposed rule, if an 
individual has received two full-time education awards in the past, 
that individual is not eligible to receive another education award.

K. Impact of Aggregate Value of Education Awards Received (Sec. Sec.  
2526.55, 2527.10)

    The proposed rule included a limitation that an individual would 
not be permitted to enroll in a subsequent term of service if 
successful completion of that term would result in receipt of an 
education award the value of which, when added to the aggregate value 
of awards previously received, would be greater than 2. The proposed 
rule provided that this would not prevent an individual from enrolling 
in a term of service for which the individual chooses to waive receipt 
of the education award.
    The Corporation received many comments on this provision. Some 
commenters requested additional clarification on waiving an education 
award. Other commenters questioned the Corporation's proposal to 
require an individual who is not eligible to receive an entire 
education award for a particular term of service to waive the entire 
award in order to enroll in the term. Among the comments received, 
there was broad support for permitting an individual eligible to 
receive only a portion of an award to receive that portion upon 
successful completion of a term of service.
    After further consideration, the Corporation agrees that an 
individual who is eligible to receive a portion of an education award 
should be able to receive that portion upon successful completion of 
the term of service. Under this rule, if an amount offered for a term 
of service has a value that, when added to the aggregate value of 
awards previously received, would exceed 2, the individual will receive 
a discounted award representing that portion of the award having a 
value for which the individual is eligible.
    However, the Corporation will need time to implement this policy 
properly, including time to make necessary upgrades to our systems. We 
estimate that our systems should be updated by November 1, 2010. Prior 
to that date, the Corporation will notify applicants in the 
MyAmeriCorps portal of the new rule, but will not provide 
individualized notice to applicants of the amount of award the 
individual may receive. Once the system changes have been implemented, 
an individual will be notified upon enrollment in a particular term of 
service of the aggregate value of awards the individual has previously 
received, and the maximum award amount the individual is eligible to 
receive for that term of service. The maximum amount the individual 
will receive upon successful completion will be either the amount of 
the award offered for that term of service, or a discounted amount 
having a value that, when added to the aggregate value of awards 
previously received, does not exceed 2--whichever is less. The 
discounted amount is determined by multiplying the value the individual 
is eligible to receive by the amount of a full-time award in the year 
the position is approved, and may be equal to zero dollars.

(2-aggregate value of education awards received)
x
(amount of full-time education award in year position was approved)

    This rule adds a new paragraph (g) to Sec.  2527.10 describing how 
a discounted award amount is determined.
    For example, consider an individual who has received an aggregate 
value of 1.26 awards who wishes to enroll in a full-time term offering 
an award with a value of 1. The individual is eligible to receive an 
award with a value of .74, and therefore upon successful completion 
will receive a discounted award amount of $3,959 ((2-1.26) x $5,350).
    If an individual had already received the value of two full-time 
education awards, the maximum discounted amount the individual is 
eligible to receive for successful completion of the term of service is 
$0 ((2-2) x $5,350).
    An individual must successfully complete the term of service in 
which the individual enrolls in order to receive the entire amount of 
the education award for which the individual is eligible. Section 
147(c) of the Act states that if ``an individual serving in an approved 
national service position is released [for compelling personal 
circumstances], the Corporation may provide the individual with that 
portion of the national service educational award approved for the 
individual that corresponds to the quantity of the term

[[Page 51403]]

of service actually completed by the individual.'' An individual is 
only approved to receive an award amount for which the individual is 
eligible. If an individual is eligible to receive a discounted 
education award, and the individual leaves a term of service for 
compelling personal circumstances, the individual will receive a 
corresponding portion of the discounted award amount.
    For example, consider an individual who enrolls in a term of 
service offering an award amount of $5,350, but who is only eligible to 
receive an amount of $3,000 based on the aggregate value of awards the 
individual had previously received. If this individual exits the term 
for compelling personal circumstances after serving 50% of the required 
service hours, the individual will receive $1,500, or 50% of $3,000--
the discounted award amount for which the individual was approved.

    Please Note:  the option to elect to waive an education award 
was proposed in order to enable an individual to serve in a term of 
service offering an education award amount with a value exceeding 
the value for which the individual is eligible. The Corporation is 
not including a waiver requirement or option in the final rule.

L. Transfer of Education Awards (Part 2530)

    The Serve America Act amended Subtitle D of title I of the NCSA to 
authorize individuals to transfer an education award, with limitations 
on who can transfer an award, and who can receive a transferred award. 
By statute, to transfer an award, an individual must: (1) Have 
successfully completed a term of service in an approved AmeriCorps 
State and National or Silver Scholar position; and (2) have been age 55 
or older before beginning that term of service. To receive an award, an 
individual must: (1) Be designated by a qualifying transferring 
individual; (2) be the child, grandchild, or foster child of the 
transferring individual; and (3) be a citizen, national, or lawful 
permanent resident alien of the United States. The effective date of 
this provision was October 1, 2009; only individuals beginning service 
on or after that date will be eligible to transfer an education award.
    Section 148(f) specifies that the ``designated individual,'' 
meaning the child, grandchild, or foster child designated by the 
transferring individual to receive the award, may use the award for the 
purposes described in paragraphs (b), (c), and (d) of that section--
i.e., to repay qualified student loans, to pay for current educational 
expenses at an institution of higher education, or to pay expenses 
incurred in an approved school-to-work program. The school-to-work 
program, authorized under the School-to-Work Opportunities Act of 1994, 
sunsetted in 2001; thus, in practice, the designated individual would 
be able to use the award only for current educational expenses or to 
repay qualified student loans. The NCSA as amended does not extend the 
use of the transferred award to pay expenses incurred in enrolling in 
an institution or training establishment approved under the G.I. Bill 
to designated individuals, nor does it permit designated individuals to 
receive interest forbearance payments as described in Section 148(e).
    This section of the NCSA also permits a transferring individual to, 
``on any date on which a portion of the education award remains unused, 
modify or revoke the transfer of the educational award with respect to 
that portion.''
    This rule adds a new part 2530 on transfer, including rules 
reflecting statutory guidelines, and details on the processes for 
requesting transfers and revocations of transferred awards. The NCSA 
also includes a provision requiring the Corporation to ``establish 
requirements to prevent waste, fraud, or abuse in connection with the 
transfer of an educational award and to protect the integrity of the 
educational award under this subsection.'' This rule includes several 
measures intended to prevent waste, fraud, or abuse in connection with 
the transfer of an education award.
    First, as part of the process for the transferring individual to 
request the transfer and the process for the designated individual to 
accept the transfer, this rule requires both the transferring 
individual and the designated individual to provide a certification 
under penalty of law that each meets the criteria to transfer, or 
receive, a transferred award. As with any certification, an individual 
may be required to produce verifying documentation.
    This rule specifies in Sec.  2530.70 that an individual is not 
required to accept a transferred award. We received a question 
regarding whether an individual may reject an award at any time, or 
must do so at the outset. An individual may reject an award at the 
outset, or at any point after acceptance. Any award amount that has 
been rejected will not be considered when calculating the aggregate 
value of education awards an individual has received. A transferring 
individual may re-transfer an award if the designated individual 
rejects the transferred award in full and the award has not yet 
expired.
    Second, this rule limits an individual to making a single transfer 
of an education award that is attributable to a single term of service. 
An individual may transfer an award in whole or in part; thus, the 
transferring individual may keep a portion of an award for his or her 
use and transfer a portion to a designated individual. However, an 
individual may not transfer a single award attributable to completion 
of a single term of service to more than one designated individual.
    The Corporation received several comments opposing this limitation, 
and one recommendation that the Corporation increase the limit to two 
designated individuals for each award. Several commenters noted that 
the Act does not specifically dictate this limitation; however, the Act 
directs the Corporation to establish rules to prevent fraud, waste, and 
abuse in connection with transferred awards, and this limitation is 
designed to mitigate such risks. Also, as stated in the proposed rule, 
this provision limits, but does not proscribe, an individual's ability 
to transfer to multiple individuals; in order to transfer awards to 
more than one designated individual, the transferring individual will 
need to earn awards for more than one term of service.
    As stated above, a transferring individual also has the authority 
to revoke the transfer of any unused portion of an education award. As 
another measure to prevent waste, fraud, or abuse, and in line with the 
Corporation's intent to limit individuals to a single transfer from 
each award, a transferring individual would not, as a general rule, be 
permitted to re-transfer a revoked award to another individual.
    This rule includes an exception to this general rule for those 
situations in which the Corporation considers the award to have been 
revoked for good cause, as demonstrated by the transferring individual. 
For example, if a transferring individual revokes the full amount 
transferred upon the death of a designated individual, the Corporation 
would permit the transferring individual to re-transfer the award in 
whole or in part.
    The Corporation received several requests for a definition of 
``good cause.'' Beyond the death of a transferee or a transferee's 
rejection of an award in full, the Corporation cannot speculate as to 
the types of situations that may arise that would necessitate an 
individual to revoke an award, and thus is not prepared to define 
``good cause'' at this time. The Corporation will make determinations 
of whether there is good cause to permit someone to re-transfer an 
award in a consistent manner, and

[[Page 51404]]

may develop a more formal policy in the future based upon the types of 
requests received.
    This rule also includes several clarifying provisions. As discussed 
in the section in this rule on the limitation on the value of education 
awards an individual may receive, the NCSA prohibits an individual from 
receiving more than the aggregate value of two education awards. Under 
this rule, an award is considered to be ``received'' at the time it 
becomes available for an individual's use. The fact that an individual 
transfers an award to a designated individual will not decrease the 
value of awards the individual is considered to have received. 
Transferred awards a designated individual receives will also be 
considered when calculating the aggregate value of awards received.
    For example, if an individual receives two full-time awards and 
transfers both awards to a child, both the transferring and designated 
individual will be considered to have received the aggregate value of 
two full-time awards, and neither will be eligible to receive 
additional AmeriCorps or Silver Scholar awards from the National 
Service Trust. As discussed in the section on calculating the value of 
an education award, a transferred award would have a value based on the 
amount of a ful