[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Considered and Passed Senate (CPS)]
108th CONGRESS
1st Session
S. 1276
To improve the manner in which the Corporation for National and
Community Service approves, and records obligations relating to,
national service positions.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2003
Mr. Bond (for himself, Ms. Mikulski, Mr. Specter, Ms. Collins, Mr.
Alexander, Mr. Santorum, Mr. Kennedy, Ms. Snowe, Mr. Baucus, Mr.
Sarbanes, Mr. Nelson of Nebraska, Mr. Breaux, Mrs. Clinton, and Mr.
Bayh) introduced the following bill; which was read twice and ordered
held at the desk
June 18, 2003
Read the third time and passed
_______________________________________________________________________
A BILL
To improve the manner in which the Corporation for National and
Community Service approves, and records obligations relating to,
national service positions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen AmeriCorps Program Act''.
SEC. 2. 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.
(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) 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.
A report containing the results of each such independent audit shall be
included in the annual report required by subsection (b)(3).
(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).
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