[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.