[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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