Strengthen AmeriCorps Program Act
PL 108-45 (S.1276), enacted 07/03/2003

117 STAT. 844
PUBLIC LAW 108–45—JULY 3, 2003
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.
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 edu-
cational 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.
42 USC 12605.
42 USC 12501
note.
Strengthen
AmeriCorps
Program Act.
Community
development.
July 3, 2003
[S. 1276]
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117 STAT. 845
PUBLIC LAW 108–45—JULY 3, 2003
(3) CERTIFICATION REPORT.—The Chief Executive Officer
of the Corporation shall annually prepare and submit to Con-
gress 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 Cor-
poration 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 Commu-
nity 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 pre-
vious 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 associ-
ated 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 obliga-
tions, 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).
Reports.
Applicability.
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117 STAT. 846
PUBLIC LAW 108–45—JULY 3, 2003
LEGISLATIVE HISTORY—S. 1276:
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.
(e) AVAILABILITY
OF AMOUNTS.—Except as provided in sub-
section (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.
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