[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1276 Enrolled Bill (ENR)]

        S.1276

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three


                                 An Act


 
    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).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.