I

106TH CONGRESS

2D SESSION H. R. 5554

To amend the Congressional Award Act to establish a Congressional

Recognition for Excellence in Arts Education Board.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 25, 2000

Mr. MCKEON introduced the following bill; which was referred to the

Committee on Education and the Workforce

A BILL

To amend the Congressional Award Act to establish a Congressional Recognition for Excellence in Arts Education

Board.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONGRESSIONAL RECOGNITION FOR EXCEL4 LENCE IN ARTS EDUCATION.

5 (a) IN GENERAL.—The Congressional Award Act (2

6 U.S.C. 801–808) is amended by adding at the end the fol7 lowing:
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1 ‘‘TITLE II—CONGRESSIONAL

2 RECOGNITION FOR EXCEL3 LENCE IN ARTS EDUCATION

4 ‘‘SEC. 201. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Congressional Rec6 ognition for Excellence in Arts Education Act’.

7 ‘‘SEC. 202. FINDINGS.

8 ‘‘Congress makes the following findings:

9 ‘‘(1) Arts literacy is a fundamental purpose of

10 schooling for all students.

11 ‘‘(2) Arts education stimulates, develops, and

12 refines many cognitive and creative skills, critical

13 thinking and nimbleness in judgment, creativity and

14 imagination, cooperative decisionmaking, leadership,

15 high-level literacy and communication, and the ca16 pacity for problem-posing and problem-solving.

17 ‘‘(3) Arts education contributes significantly to

18 the creation of flexible, adaptable, and knowledge19 able workers who will be needed in the 21st century

20 economy.

21 ‘‘(4) Arts education improves teaching and

22 learning.

23 ‘‘(5) Where parents and families, artists, arts

24 organizations, businesses, local civic and cultural

25 leaders, and institutions are actively engaged in in-
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1 structional programs, arts education is more suc2 cessful.

3 ‘‘(6) Effective teachers of the arts should be en4 couraged to continue to learn and grow in mastery

5 of their art form as well as in their teaching com6 petence.

7 ‘‘(7) The 1999 study, entitled ‘Gaining the Arts

8 Advantage: Lessons from School Districts that

9 Value Arts Education’, found that the literacy, edu10 cation, programs, learning and growth described in

11 paragraphs (1) through (6) contribute to successful

12 districtwide arts education.

13 ‘‘(8) Despite all of the literacy, education, pro14 grams, learning and growth findings described in

15 paragraphs (1) through (6), the 1997 National As16 sessment of Educational Progress reported that stu17 dents lack sufficient opportunity for participatory

18 learning in the arts.

19 ‘‘(9) The Arts Education Partnership, a coali20 tion of national and State education, arts, business,

21 and civic groups, is an excellent example of one or22 ganization that has demonstrated its effectiveness in

23 addressing the purposes described in section 205(a)

24 and the capacity and credibility to administer arts

25 education programs of national significance.
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1 ‘‘SEC. 203. DEFINITIONS.

2 ‘‘In this title:

3 ‘‘(1) ARTS EDUCATION PARTNERSHIP.—The

4 term ‘Arts Education Partnership’ means a private,

5 nonprofit coalition of education, arts, business, phil6 anthropic, and government organizations that dem7 onstrates and promotes the essential role of arts

8 education in enabling all students to succeed in

9 school, life, and work, and was formed in 1995.

10 ‘‘(2) BOARD.—The term ‘Board’ means the

11 Congressional Recognition for Excellence in Arts

12 Education Awards Board established under section

13 204.

14 ‘‘(3) ELEMENTARY SCHOOL; SECONDARY

15 SCHOOL.—The terms ‘elementary school’ and ‘sec16 ondary school’ mean—

17 ‘‘(A) a public or private elementary school

18 or secondary school (as the case may be), as de19 fined in section 14101 of the Elementary and

20 Secondary Education Act of 1965 (20 U.S.C.

21 8801); or

22 ‘‘(B) a bureau funded school as defined in

23 section 1146 of the Education Amendments of

24 1978 (25 U.S.C. 2026).

25 ‘‘(4) STATE.—The term ‘State’ means each of

26 the several States of the United States, the District
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1 of Columbia, the Commonwealth of Puerto Rico,

2 Guam, American Samoa, the United States Virgin

3 Islands, the Commonwealth of the Northern Mar4 iana Islands, the Republic of the Marshall Islands,

5 the Federated States of Micronesia, and the Repub6 lic of Palau.

7 ‘‘SEC. 204. ESTABLISHMENT OF BOARD.

8 ‘‘There is established within the legislative branch of

9 the Federal Government a Congressional Recognition for

10 Excellence in Arts Education Awards Board. The Board

11 shall be responsible for administering the awards program

12 described in section 205.

13 ‘‘SEC. 205. BOARD DUTIES.

14 ‘‘(a) AWARDS PROGRAM ESTABLISHED.—The Board

15 shall establish and administer an awards program to be

16 known as the ‘Congressional Recognition for Excellence in

17 Arts Education Awards Program’. The purpose of the pro18 gram shall be to—

19 ‘‘(1) celebrate the positive impact and public

20 benefits of the arts;

21 ‘‘(2) encourage all elementary schools and sec22 ondary schools to integrate the arts into the school

23 curriculum;
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1 ‘‘(3) spotlight the most compelling evidence of

2 the relationship between the arts and student learn3 ing;

4 ‘‘(4) demonstrate how community involvement

5 in the creation and implementation of arts policies

6 enriches the schools;

7 ‘‘(5) recognize school administrators and faculty

8 who provide quality arts education to students;

9 ‘‘(6) acknowledge schools that provide profes10 sional development opportunities for their teachers;

11 ‘‘(7) create opportunities for students to experi12 ence the relationship between early participation in

13 the arts and developing the life skills necessary for

14 future personal and professional success;

15 ‘‘(8) increase, encourage, and ensure com16 prehensive, sequential arts learning for all students;

17 and

18 ‘‘(9) expand student access to arts education in

19 schools in every community.

20 ‘‘(b) DUTIES.—

21 ‘‘(1) SCHOOL AWARDS.—The Board shall—

22 ‘‘(A) make annual awards to elementary

23 schools and secondary schools in the States in

24 accordance with criteria established under sub25 paragraph (B), which awards—
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1 ‘‘(i) shall be of such design and mate2 rials as the Board may determine, includ3 ing a well-designed certificate or a work of

4 art, designed for the awards event by an

5 appropriate artist; and

6 ‘‘(ii) shall be reflective of the dignity

7 of Congress;

8 ‘‘(B) establish criteria required for a school

9 to receive the award, and establish such proce10 dures as may be necessary to verify that the

11 school meets the criteria, which criteria shall in12 clude criteria requiring—

13 ‘‘(i) that the school—

14 ‘‘(I) provides comprehensive, se15 quential arts learning; and

16 ‘‘(II) integrates the arts through17 out the curriculum in subjects other

18 than the arts; and

19 ‘‘(ii) 3 of the following:

20 ‘‘(I) that the community serving

21 the school is actively involved in shap22 ing and implementing the arts policies

23 and programs of the school;
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1 ‘‘(II) that the school principal

2 supports the policy of arts education

3 for all students;

4 ‘‘(III) that arts teachers in the

5 school are encouraged to learn and

6 grow in mastery of their art form as

7 well as in their teaching competence;

8 ‘‘(IV) that the school actively en9 courages the use of arts assessment

10 techniques for improving student,

11 teacher, and administrative perform12 ance; and

13 ‘‘(V) that school leaders engage

14 the total school community in arts ac15 tivities that create a climate of sup16 port for arts education; and

17 ‘‘(C) include, in the procedures necessary

18 for verification that a school meets the criteria

19 described in subparagraph (B), written evidence

20 of the specific criteria, and supporting docu21 mentation, that includes—

22 ‘‘(i) 3 letters of support for the school

23 from community members, which may in24 clude a letter from—
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1 ‘‘(I) the school’s Parent Teacher

2 Association (PTA);

3 ‘‘(II) community leaders, such as

4 elected or appointed officials; and

5 ‘‘(III) arts organizations or insti6 tutions in the community that partner

7 with the school; and

8 ‘‘(ii) the completed application for the

9 award signed by the principal or other edu10 cation leader such as a school district arts

11 coordinator, school board member, or

12 school superintendent;

13 ‘‘(D) determine appropriate methods for

14 disseminating information about the program

15 and make application forms available to schools;

16 ‘‘(E) delineate such roles as the Board

17 considers to be appropriate for the Director in

18 administering the program, and set forth in the

19 bylaws of the Board the duties, salary, and ben20 efits of the Director;

21 ‘‘(F) raise funds for the operation of the

22 program;

23 ‘‘(G) determine, and inform Congress re24 garding, the national readiness for interdiscipli25 nary individual student awards described in
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1 paragraph (2), on the basis of the framework

2 established in the 1997 National Assessment of

3 Educational Progress and such other criteria as

4 the Board determines appropriate; and

5 ‘‘(H) take such other actions as may be

6 appropriate for the administration of the Con7 gressional Recognition for Excellence in Arts

8 Education Awards Program.

9 ‘‘(2) STUDENT AWARDS.—

10 ‘‘(A) IN GENERAL.—At such time as the

11 Board determines appropriate, the Board—

12 ‘‘(i) shall make annual awards to ele13 mentary school and secondary school stu14 dents for individual interdisciplinary arts

15 achievement; and

16 ‘‘(ii) establish criteria for the making

17 of the awards.

18 ‘‘(B) AWARD MODEL.—The Board may use

19 as a model for the awards the Congressional

20 Award Program and the President’s Physical

21 Fitness Award Program.

22 ‘‘(c) PRESENTATION.—The Board shall arrange for

23 the presentation of awards under this section to the recipi24 ents and shall provide for participation by Members of

25 Congress in such presentation, when appropriate.
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1 ‘‘(d) DATE OF ANNOUNCEMENT.—The Board shall

2 determine an appropriate date or dates for announcement

3 of the awards under this section, which date shall coincide

4 with a National Arts Education Month or a similarly des5 ignated day, week or month, if such designation exists.

6 ‘‘(e) REPORT.—

7 ‘‘(1) IN GENERAL.—The Board shall prepare

8 and submit an annual report to Congress not later

9 than March 1 of each year summarizing the activi10 ties of the Congressional Recognition for Excellence

11 in Arts Education Awards Program during the pre12 vious year and making appropriate recommendations

13 for the program. Any minority views and rec14 ommendations of members of the Board shall be in15 cluded in such reports.

16 ‘‘(2) CONTENTS.—The annual report shall con17 tain the following:

18 ‘‘(A) Specific information regarding the

19 methods used to raise funds for the Congres20 sional Recognition for Excellence in Arts Edu21 cation Awards Program and a list of the

22 sources of all money raised by the Board.

23 ‘‘(B) Detailed information regarding the

24 expenditures made by the Board, including the
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1 percentage of funds that are used for adminis2 trative expenses.

3 ‘‘(C) A description of the programs formu4 lated by the Director under section 207(b)(1),

5 including an explanation of the operation of

6 such programs and a list of the sponsors of the

7 programs.

8 ‘‘(D) A detailed list of the administrative

9 expenditures made by the Board, including the

10 amounts expended for salaries, travel expenses,

11 and reimbursed expenses.

12 ‘‘(E) A list of schools given awards under

13 the program, and the city, town, or county, and

14 State in which the school is located.

15 ‘‘(F) An evaluation of the state of arts

16 education in schools, which may include anec17 dotal evidence of the effect of the Congressional

18 Recognition for Excellence in Arts Education

19 Awards Program on individual school cur20 riculum.

21 ‘‘(G) On the basis of the findings described

22 in section 202 and the purposes of the Congres23 sional Recognition for Excellence in Arts Edu24 cation Awards Program described in section

25 205(a), a recommendation regarding the na-
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1 tional readiness to make individual student

2 awards under subsection (b)(2).

3 ‘‘SEC. 206. COMPOSITION OF BOARD; ADVISORY BOARD.

4 ‘‘(a) COMPOSITION.—

5 ‘‘(1) IN GENERAL.—The Board shall consist of

6 9 members as follows:

7 ‘‘(A) 2 Members of the Senate appointed

8 by the Majority Leader of the Senate.

9 ‘‘(B) 2 Members of the Senate appointed

10 by the Minority Leader of the Senate.

11 ‘‘(C) 2 Members of the House of Rep12 resentatives appointed by the Speaker of the

13 House of Representatives.

14 ‘‘(D) 2 Members of the House of Rep15 resentatives appointed by the Minority Leader

16 of the House of Representatives.

17 ‘‘(E) The Director of the Board, who shall

18 serve as a nonvoting member.

19 ‘‘(2) ADVISORY BOARD.—There is established

20 an Advisory Board to assist and advise the Board

21 with respect to its duties under this title, that shall

22 consist of 15 members appointed—

23 ‘‘(A) in the case of the initial such mem24 bers of the Advisory Board, by the leaders of

25 the Senate and House of Representatives mak-
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1 ing the appointments under paragraph (1),

2 from recommendations received from organiza3 tions and entities involved in the arts such as

4 businesses, civic and cultural organizations, and

5 the Arts Education Partnership steering com6 mittee; and

7 ‘‘(B) in the case of any other such mem8 bers of the Advisory Board, by the Board.

9 ‘‘(3) SPECIAL RULE FOR ADVISORY BOARD.—In

10 making appointments to the Advisory Board, the in11 dividuals and entity making the appointments under

12 paragraph (2) shall consider recommendations sub13 mitted by any interested party, including any mem14 ber of the Board.

15 ‘‘(4) INTEREST.—

16 ‘‘(A) IN GENERAL.—Members of Congress

17 appointed to the Board shall have an interest in

18 1 of the purposes described in section 205(a).

19 ‘‘(B) DIVERSITY.—The membership of the

20 Advisory Board shall represent a balance of ar21 tistic and education professionals, including at

22 least 1 representative who teaches in each of

23 the following disciplines:

24 ‘‘(i) Music.

25 ‘‘(ii) Theater.
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1 ‘‘(iii) Visual Arts.

2 ‘‘(iv) Dance.

3 ‘‘(b) TERMS.—

4 ‘‘(1) BOARD.—Members of the Board shall

5 serve for terms of 6 years, except that of the mem6 bers first appointed—

7 ‘‘(A) 1 Member of the House of Represent8 atives and 1 Member of the Senate shall serve

9 for terms of 2 years;

10 ‘‘(B) 1 Member of the House of Represent11 atives and 1 Member of the Senate shall serve

12 for terms of 4 years; and

13 ‘‘(C) 2 Members of the House of Rep14 resentatives and 2 Members of the Senate shall

15 serve for terms of 6 years,

16 as determined by lot when all such members have

17 been appointed.

18 ‘‘(2) ADVISORY BOARD.—Members of the Advi19 sory Board shall serve for terms of 6 years, except

20 that of the members first appointed, 3 shall serve

21 for terms of 2 years, 4 shall serve for terms of 4

22 years, and 8 shall serve for terms of 6 years, as de23 termined by lot when all such members have been

24 appointed.

25 ‘‘(c) VACANCY.—
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1 ‘‘(1) IN GENERAL.—Any vacancy in the mem2 bership of the Board or Advisory Board shall be

3 filled in the same manner in which the original ap4 pointment was made.

5 ‘‘(2) TERM.—Any member appointed to fill a

6 vacancy occurring before the expiration of the term

7 for which the member’s predecessor was appointed

8 shall be appointed only for the remainder of such

9 term.

10 ‘‘(3) EXTENSION.—Any appointed member of

11 the Board or Advisory Board may continue to serve

12 after the expiration of the member’s term until the

13 member’s successor has taken office.

14 ‘‘(4) SPECIAL RULE.—Vacancies in the mem15 bership of the Board shall not affect the Board’s

16 power to function if there remain sufficient members

17 of the Board to constitute a quorum under sub18 section (d).

19 ‘‘(d) QUORUM.—A majority of the members of the

20 Board shall constitute a quorum.

21 ‘‘(e) COMPENSATION.—Members of the Board and

22 Advisory Board shall serve without pay but may be com23 pensated, from amounts in the trust fund, for reasonable

24 travel expenses incurred by the members in the perform25 ance of their duties as members of the Board.
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1 ‘‘(f) MEETINGS.—The Board shall meet annually at

2 the call of the Chairperson and at such other times as

3 the Chairperson may determine to be appropriate. The

4 Chairperson shall call a meeting of the Board whenever

1 5 ⁄3 of the members of the Board submit written requests

6 for such a meeting.

7 ‘‘(g) OFFICERS.—The Chairperson and the Vice

8 Chairperson of the Board shall be elected from among the

9 members of the Board, by a majority vote of the members

10 of the Board, for such terms as the Board determines.

11 The Vice Chairperson shall perform the duties of the

12 Chairperson in the absence of the Chairperson.

13 ‘‘(h) COMMITTEES.—

14 ‘‘(1) IN GENERAL.—The Board may appoint

15 such committees, and assign to the committees such

16 functions, as may be appropriate to assist the Board

17 in carrying out its duties under this title. Members

18 of such committees may include the members of the

19 Board or the Advisory Board.

20 ‘‘(2) SPECIAL RULE.—Any employee or officer

21 of the Federal Government may serve as a member

22 of a committee created by the Board, but may not

23 receive compensation for services performed for such

24 a committee.
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1 ‘‘(i) BYLAWS AND OTHER REQUIREMENTS.—The

2 Board shall establish such bylaws and other requirements

3 as may be appropriate to enable the Board to carry out

4 the Board’s duties under this title.

5 ‘‘SEC. 207. ADMINISTRATION.

6 ‘‘(a) IN GENERAL.—In the administration of the

7 Congressional Recognition for Excellence in Arts Edu8 cation Awards Program, the Board shall be assisted by

9 a Director, who shall be the principal executive of the pro10 gram and who shall supervise the affairs of the Board.

11 The Director shall be appointed by a majority vote of the

12 Board.

13 ‘‘(b) DIRECTOR’S RESPONSIBILITIES.—The Director

14 shall, in consultation with the Board—

15 ‘‘(1) formulate programs to carry out the poli16 cies of the Congressional Recognition for Excellence

17 in Arts Education Awards Program;

18 ‘‘(2) establish such divisions within the Con19 gressional Recognition for Excellence in Arts Edu20 cation Awards Program as may be appropriate; and

21 ‘‘(3) employ and provide for the compensation

22 of such personnel as may be necessary to carry out

23 the Congressional Recognition for Excellence in Arts

24 Education Awards Program, subject to such policies

25 as the Board shall prescribe under its bylaws.
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1 ‘‘(c) APPLICATION.—Each school or student desiring

2 an award under this title shall submit an application to

3 the Board at such time, in such manner and accompanied

4 by such information as the Board may require.

5 ‘‘SEC. 208. LIMITATIONS.

6 ‘‘(a) IN GENERAL.—Subject to such limitations as

7 may be provided for under this section, the Board may

8 take such actions and make such expenditures as may be

9 necessary to carry out the Congressional Recognition for

10 Excellence in Arts Education Awards Program, except

11 that the Board shall carry out its functions and make ex12 penditures with only such resources as are available to the

13 Board from the Congressional Recognition for Excellence

14 in Arts Education Awards Trust Fund under section 211.

15 ‘‘(b) CONTRACTS.—The Board may enter into such

16 contracts as may be appropriate to carry out the business

17 of the Board, but the Board may not enter into any con18 tract which will obligate the Board to expend an amount

19 greater than the amount available to the Board for the

20 purpose of such contract during the fiscal year in which

21 the expenditure is made.

22 ‘‘(c) GIFTS.—The Board may seek and accept, from

23 sources other than the Federal Government, funds and

24 other resources to carry out the Board’s activities. The
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1 Board may not accept any funds or other resources that

2 are—

3 ‘‘(1) donated with a restriction on their use un4 less such restriction merely provides that such funds

5 or other resources be used in furtherance of the

6 Congressional Recognition for Excellence in Arts

7 Education Awards Program; or

8 ‘‘(2) donated subject to the condition that the

9 identity of the donor of the funds or resources shall

10 remain anonymous.

11 ‘‘(d) VOLUNTEERS.—The Board may accept and uti12 lize the services of voluntary, uncompensated personnel.

13 ‘‘(e) REAL OR PERSONAL PROPERTY.—The Board

14 may lease (or otherwise hold), acquire, or dispose of real

15 or personal property necessary for, or relating to, the du16 ties of the Board.

17 ‘‘(f) PROHIBITIONS.—The Board shall have no

18 power—

19 ‘‘(1) to issue bonds, notes, debentures, or other

20 similar obligations creating long-term indebtedness;

21 ‘‘(2) to issue any share of stock or to declare

22 or pay any dividends; or

23 ‘‘(3) to provide for any part of the income or

24 assets of the Board to inure to the benefit of any

25 director, officer, or employee of the Board except as
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1 reasonable compensation for services or reimburse2 ment for expenses.

3 ‘‘SEC. 209. AUDITS.

4 ‘‘The financial records of the Board may be audited

5 by the Comptroller General of the United States at such

6 times as the Comptroller General may determine to be ap7 propriate. The Comptroller General, or any duly author8 ized representative of the Comptroller General, shall have

9 access for the purpose of audit to any books, documents,

10 papers, and records of the Board (or any agent of the

11 Board) which, in the opinion of the Comptroller General,

12 may be pertinent to the Congressional Recognition for Ex13 cellence in Arts Education Awards Program.

14 ‘‘SEC. 210. TERMINATION.

15 ‘‘The Board shall terminate 6 years after the date

16 of enactment of this title. The Board shall set forth, in

17 its bylaws, the procedures for dissolution to be followed

18 by the Board.

19 ‘‘SEC. 211. TRUST FUND.

20 ‘‘(a) ESTABLISHMENT OF FUND.—There shall be es21 tablished in the Treasury of the United States a trust fund

22 which shall be known as the ‘‘Congressional Recognition

23 for Excellence in Arts Education Awards Trust Fund’’.

24 The fund shall be administered by the Board, and shall

25 consist of amounts donated to the Board under section
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1 208(c) and amounts credited to the fund under subsection

2 (d).

3 ‘‘(b) INVESTMENT.—

4 ‘‘(1) IN GENERAL.—It shall be the duty of the

5 Secretary of the Treasury to invest, at the direction

6 of the Director of the Board, such portion of the

7 fund that is not, in the judgment of the Director of

8 the Board, required to meet the current needs of the

9 fund.

10 ‘‘(2) AUTHORIZED INVESTMENTS.—Such invest11 ments shall be in public debt obligations with matu12 rities suitable to the needs of the fund, as deter13 mined by the Director of the Board. Investments in

14 public debt obligations shall bear interest at rates

15 determined by the Secretary of the Treasury taking

16 into consideration the current market yield on out17 standing marketable obligations of the United States

18 of comparable maturity.

19 ‘‘(c) AUTHORITY TO SELL OBLIGATIONS.—Any obli20 gation acquired by the fund may be sold by the Secretary

21 of the Treasury at the market price.

22 ‘‘(d) PROCEEDS FROM CERTAIN TRANSACTIONS

23 CREDITED TO FUND.—The interest on, and the proceeds

24 from the sale or redemption of, any obligations held in

25 the fund shall be credited to and form a part of the fund.’’.
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1 (b) CONFORMING AMENDMENTS.—The Congres2 sional Award Act (2 U.S.C. 801–808) is amended—

3 (1) by inserting after section 1 the following:

4 ‘‘TITLE I—CONGRESSIONAL

5 AWARD PROGRAM’’,

6 (2) by redesignating sections 2 through 9 as

7 sections 101 through 108, respectively,

8 (3) in section 101 (as so redesignated)—

9 (A) by striking ‘‘Act’’ and inserting ‘‘title’’,

10 and

11 (B) by striking ‘‘section 3’’ and inserting

12 ‘‘section 102’’,

13 (4) in section 102(e) (as so redesignated)—

14 (A) by striking ‘‘section 5(g)(1)’’ and in15 serting ‘‘section 104(g)(1)’’, and

16 (B) by striking ‘‘section 7(g)(1)’’ and in17 serting ‘‘section 106(g)(1)’’, and

18 (5) in section 103(i), by striking ‘‘section 7’’

19 and inserting ‘‘section 106’’.

Æ