    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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 845]]

    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 846]]

    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.