S. 4232 — A SMART Act

This section expands approved national service positions eligible for a national service education award by authorizing shorter terms of service. Specifically, it (1) extends the Corporation's authority under the National and Community Service Act of 1990 to reduce minimum hours for full-time service (previously limited to part-time service at 900 hours in not more than two years), now covering full- or part-time service with a corresponding reduction in the education award or stipend (previously only award); (2) revises season-of-service terms under AmeriCorps State and National programs to eight weeks minimum during a period of not more than one year (from nine months during such period), treats a one-year renewal as a single term ineligible for an additional education award; and (3) eliminates the requirement for between three and six weeks of training for such positions. (As background, full-time service previously required at least 1,700 hours in not more than one year; these positions, sponsored by AmeriCorps grantees, provide a living allowance during service and an education award for postsecondary tuition, repayment of qualified student loans, or other approved uses upon completion.)

This section revises term-of-service extension authority under the National and Community Community Service Act by (1) redesignating the existing 90-day extension for disaster relief service as subclause (i); (2) striking the cross-reference to section 153(d) from that subclause; and (3) adding subclause (ii) to authorize, upon approval of the Director of the National Civilian Community Corps (NCCC), an extension of up to 180 days beyond the period specified in section 153(d) or 90 days beyond the period specified in section 154(c) for an individual in an approved national service position in a program under section 152(a). (As background, the NCCC deploys teams of participants aged 18-24 for intensive community service projects, including conservation, infrastructure, and disaster response.)

This section establishes timekeeping and recordkeeping requirements in grant application assurances under the National and Community Service Act of 1990 for living allowances and other benefits provided to national service program participants (e.g., AmeriCorps). Specifically, it requires applicants to ensure such records accurately reflect national service performed—separately accounting for grant-funded service activity versus other work to support proper benefit allocation—and meet standards for accurate, allowable charges (new 42 U.S.C. 12583(e)(1)(C), (2)). It further requires grantee entities to submit these records to the Corporation for National and Community Service upon term-of-service completion, with retention for at least five years (new 42 U.S.C. 12602a(b)). (Thus, this promotes program integrity by preventing improper crediting or payment of benefits for non-national service work.)

This section establishes in the Treasury the Unobligated and Expiring Amounts Fund to receive transfers of the Corporation for National and Community Service's (CNCS) unobligated appropriations that would otherwise expire on September 30 of a fiscal year, making such amounts available until expended for additional national service positions (i.e., under AmeriCorps State and National, VISTA, and related programs) or technology modernization—subject to an unqualified opinion from CNCS's Inspector General certifying the accuracy of the prior fiscal year's financial statements. The section further modifies the National Service Trust, which funds Segal AmeriCorps Education Awards and related interest payments, to make non-appropriated amounts (i.e., gifts, recoveries, and investment income previously described in 42 U.S.C. 12601(a)(2)-(4)) available without further appropriation or fiscal year limitation (previously, all Trust amounts required advance appropriation); appropriated amounts remain subject to appropriation. (Thus, this enhances CNCS's ability to use interest earnings and recoveries directly for awards.) The section also strikes an obsolete provision at 42 U.S.C. 12606(d) as conforming.

This section revises the maximum federal share of costs for Volunteer Generation Fund grants to 75 percent (from 90 percent in year one, 80 percent in year two, 70 percent in year three, and 50 percent in year four and thereafter). (As background, the fund provides grants to state commissions on national service and nonprofits to develop volunteer programs and subgrant to community-based entities that recruit, manage, or support volunteers.)

This section amends restrictions applicable to State Commissions on National and Community Service (which oversee state AmeriCorps programs) in two respects and clarifies subgrant oversight responsibilities: (1) permits such commissions to sponsor projects under title II of the Domestic Volunteer Service Act of 1973 (i.e., Retired Senior Volunteer Program, Foster Grandparents Program, and Senior Companions Program) notwithstanding otherwise applicable restrictions; (2) authorizes such commissions, upon a Governor's determination of a natural disaster declaration, to redirect up to 25% of unobligated funds allotted under AmeriCorps state formula grants (42 U.S.C. 12581(e)) toward recruiting participants for disaster response through the end of the fiscal year following the declaration; and (3) provides that the Corporation for National and Community Service may not duplicate primary grant recipients' due diligence processes applied to subgrant recipients under the National and Community Service Act of 1990, with primary recipients retaining sole responsibility for subgrant compliance.

This section modifies requirements for the Board of Directors of the Corporation for National and Community Service (which oversees AmeriCorps and other national service programs) as follows: (1) requires the 15 appointed voting members to include a financial expert with a background in financial controls, auditing, or private or public accounting (effective at the earlier of the first post-enactment vacancy or five years after enactment); (2) specifies that each member's five-year term begins from the date the member takes office; and (3) requires new presidential appointees to fill Board vacancies to serve a full five-year term rather than the remainder of the predecessor's term (applicable to appointments on or after enactment).

This section requires a recipient of an award under the national service laws that enters into an agreement with an organization to host participants to submit specified information—not later than 60 days after entering the agreement—including the organization's name, all physical addresses of hosting sites, and website locations (if applicable) for the recipient and organization. The Corporation must use the information to create and annually update a comprehensive, virtually accessible service site resource.

This section requires the Corporation for National and Community Service, upon issuing any Notice of Funding Opportunity for financial assistance under the national service laws, to make publicly available a rubric generalizing the criteria used to evaluate recipients.