[108th Congress Public Law 45]
[From the U.S. Government Printing Office]
[DOCID: f:publ045.108]
[[Page 843]]
STRENGTHEN AMERICORPS PROGRAM ACT
[[Page 117 STAT. 844]]
Public Law 108-45
108th Congress
An Act
To improve the manner in which the Corporation for National and
Community Service approves, and records obligations relating to,
national service positions. <<NOTE: July 3, 2003 - [S. 1276]>>
Be it enacted by the Senate and House of Representatives of
the <<NOTE: Strengthen AmeriCorps Program Act. Community
development.>> United States of America in Congress assembled,
SECTION 1. <<NOTE: 42 USC 12501 note.>> SHORT TITLE.
This Act may be cited as the ``Strengthen AmeriCorps Program Act''.
SEC. 2. <<NOTE: 42 USC 12605.>> PROCESS OF APPROVAL OF NATIONAL
SERVICE POSITIONS.
(a) Definitions.--In this Act, the terms ``approved national service
position'' and ``Corporation'' have the meanings given the terms in
section 101 of the National and Community Service Act of 1990 (42 U.S.C.
12511).
(b) Timing and Recording Requirements.--
(1) In general.--Notwithstanding subtitles C and D of title
I of the National and Community Service Act of 1990 (42 U.S.C.
12571 et seq., 12601 et seq.), and any other provision of law,
in approving a position as an approved national service
position, the Corporation--
(A) shall approve the position at the time the
Corporation--
(i) enters into an enforceable agreement with
an individual participant to serve in a program
carried out under subtitle E of title I of that
Act (42 U.S.C. 12611 et seq.) or title I of the
Domestic Volunteer Service Act of 1973 (42 U.S.C.
4951 et seq.); or
(ii) except as provided in clause (i), awards
a grant to (or enters into a contract or
cooperative agreement with) an entity to carry out
a program for which such a position may be
approved under section 123 of the National and
Community Service Act of 1990 (42 U.S.C. 12573);
and
(B) shall record as an obligation an estimate of the
net present value of the national service educational
award associated with the position, based on a formula
that takes into consideration historical rates of
enrollment in such a program, and of earning and using
national service educational awards for such a program.
(2) Formula.--In determining the formula described in
paragraph (1)(B), the Corporation shall consult with the
Director of the Congressional Budget Office.
[[Page 117 STAT. 845]]
(3) Certification report.--The Chief Executive Officer of
the Corporation shall annually prepare and submit to Congress a
report that contains a certification that the Corporation is in
compliance with the requirements of paragraph (1).
(4) <<NOTE: Applicability.>> Approval.--The requirements of
this subsection shall apply to each approved national service
position that the Corporation approves--
(A) during fiscal year 2003 (before or after the
date of enactment of this Act); and
(B) during any subsequent fiscal year.
(c) Reserve Account.--
(1) Establishment and contents.--
(A) Establishment.--Notwithstanding subtitles C and
D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq., 12601 et seq.), and
any other provision of law, within the National Service
Trust established under section 145 of the National and
Community Service Act of 1990 (42 U.S.C. 12601), the
Corporation shall establish a reserve account.
(B) Contents.--To ensure the availability of
adequate funds to support the awards of approved
national service positions for each fiscal year, the
Corporation shall place in the account--
(i) during fiscal year 2003, a portion of the
funds that were appropriated for fiscal year 2003
or a previous fiscal year under section 501(a)(2)
(42 U.S.C. 12681(a)(2)), were made available to
carry out subtitle C or D of title I of that Act,
and remain available; and
(ii) during fiscal year 2004 or a subsequent
fiscal year, a portion of the funds that were
appropriated for that fiscal year under section
501(a)(2) and were made available to carry out
subtitle C or D of title I of that Act.
(2) Obligation.--The Corporation shall not obligate the
funds in the reserve account until the Corporation--
(A) determines that the funds will not be needed for
the payment of national service educational awards
associated with previously approved national service
positions; or
(B) obligates the funds for the payment of such
awards for such previously approved national service
positions.
(d) Audits.--The accounts of the Corporation relating to the
appropriated funds for approved national service positions, and the
records demonstrating the manner in which the Corporation has recorded
estimates described in subsection (b)(1)(B) as obligations, shall be
audited annually by independent certified public accountants or
independent licensed public accountants certified or licensed by a
regulatory authority of a State or other political subdivision of the
United States in accordance with generally accepted auditing
standards. <<NOTE: Reports.>> A report containing the results of each
such independent audit shall be included in the annual report required
by subsection (b)(3).
[[Page 117 STAT. 846]]
(e) Availability of Amounts.--Except as provided in subsection (c),
all amounts included in the National Service Trust under paragraphs (1),
(2), and (3) of section 145(a) of the National and Community Service Act
of 1990 (42 U.S.C. 12601(a)) shall be available for payments of national
service educational awards under section 148 of that Act (42 U.S.C.
12604).
Approved July 3, 2003.
LEGISLATIVE HISTORY--S. 1276:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
June 18, considered and passed Senate.
June 19, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
July 3, Presidential statement.
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