```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2789 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2789

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION.

    (a) In General.--The Congressional Award Act (2 U.S.C. 801-808) is 
amended by adding at the end the following:

 ``TITLE II--CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION

``SEC. 201. SHORT TITLE.

    ``This title may be cited as the `Congressional Recognition for 
Excellence in Arts Education Act'.

``SEC. 202. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Arts literacy is a fundamental purpose of schooling 
        for all students.
            ``(2) Arts education stimulates, develops, and refines many 
        cognitive and creative skills, critical thinking and nimbleness 
        in judgment, creativity and imagination, cooperative 
        decisionmaking, leadership, high-level literacy and 
        communication, and the capacity for problem-posing and problem-
        solving.
            ``(3) Arts education contributes significantly to the 
        creation of flexible, adaptable, and knowledgeable workers who 
        will be needed in the 21st century economy.
            ``(4) Arts education improves teaching and learning.
            ``(5) Where parents and families, artists, arts 
        organizations, businesses, local civic and cultural leaders, 
        and institutions are actively engaged in instructional 
        programs, arts education is more successful.
            ``(6) Effective teachers of the arts should be encouraged 
        to continue to learn and grow in mastery of their art form as 
        well as in their teaching competence.
            ``(7) The 1999 study, entitled `Gaining the Arts Advantage: 
        Lessons from School Districts that Value Arts Education', found 
        that the literacy, education, programs, learning and growth 
        described in paragraphs (1) through (6) contribute to 
        successful districtwide arts education.
            ``(8) Despite all of the literacy, education, programs, 
        learning and growth findings described in paragraphs (1) 
        through (6), the 1997 National Assessment of Educational 
        Progress reported that students lack sufficient opportunity for 
        participatory learning in the arts.
            ``(9) The Arts Education Partnership, a coalition of 
        national and State education, arts, business, and civic groups, 
        is an excellent example of one organization that has 
        demonstrated its effectiveness in addressing the purposes 
        described in section 205(a) and the capacity and credibility to 
        administer arts education programs of national significance.

``SEC. 203. DEFINITIONS.

    ``In this title:
            ``(1) Arts education partnership.--The term `Arts Education 
        Partnership' means a private, nonprofit coalition of education, 
        arts, business, philanthropic, and government organizations 
        that demonstrates and promotes the essential role of arts 
        education in enabling all students to succeed in school, life, 
        and work, and was formed in 1995.
            ``(2) Board.--The term `Board' means the Congressional 
        Recognition for Excellence in Arts Education Awards Board 
        established under section 204.
            ``(3) Elementary school; secondary school.--The terms 
        `elementary school' and `secondary school' mean--
                    ``(A) a public or private elementary school or 
                secondary school (as the case may be), as defined in 
                section 14101 of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 8801); or
                    ``(B) a bureau funded school as defined in section 
                1146 of the Education Amendments of 1978 (25 U.S.C. 
                2026).
            ``(4) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the United 
        States Virgin Islands, the Commonwealth of the Northern Mariana 
        Islands, the Republic of the Marshall Islands, the Federated 
        States of Micronesia, and the Republic of Palau.

``SEC. 204. ESTABLISHMENT OF BOARD.

    ``There is established within the legislative branch of the Federal 
Government a Congressional Recognition for Excellence in Arts Education 
Awards Board. The Board shall be responsible for administering the 
awards program described in section 205.

``SEC. 205. BOARD DUTIES.

    ``(a) Awards Program Established.--The Board shall establish and 
administer an awards program to be known as the `Congressional 
Recognition for Excellence in Arts Education Awards Program'. The 
purpose of the program shall be to--
            ``(1) celebrate the positive impact and public benefits of 
        the arts;
            ``(2) encourage all elementary schools and secondary 
        schools to integrate the arts into the school curriculum;
            ``(3) spotlight the most compelling evidence of the 
        relationship between the arts and student learning;
            ``(4) demonstrate how community involvement in the creation 
        and implementation of arts policies enriches the schools;
            ``(5) recognize school administrators and faculty who 
        provide quality arts education to students;
            ``(6) acknowledge schools that provide professional 
        development opportunities for their teachers;
            ``(7) create opportunities for students to experience the 
        relationship between early participation in the arts and 
        developing the life skills necessary for future personal and 
        professional success;
            ``(8) increase, encourage, and ensure comprehensive, 
        sequential arts learning for all students; and
            ``(9) expand student access to arts education in schools in 
        every community.
    ``(b) Duties.--
            ``(1) School awards.--The Board shall--
                    ``(A) make annual awards to elementary schools and 
                secondary schools in the States in accordance with 
                criteria established under subparagraph (B), which 
                awards--
                            ``(i) shall be of such design and materials 
                        as the Board may determine, including a well-
                        designed certificate or a work of art, designed 
                        for the awards event by an appropriate artist; 
                        and
                            ``(ii) shall be reflective of the dignity 
                        of Congress;
                    ``(B) establish criteria required for a school to 
                receive the award, and establish such procedures as may 
                be necessary to verify that the school meets the 
                criteria, which criteria shall include criteria 
                requiring--
                            ``(i) that the school--
                                    ``(I) provides comprehensive, 
                                sequential arts learning; and
                                    ``(II) integrates the arts 
                                throughout the curriculum in subjects 
                                other than the arts; and
                            ``(ii) 3 of the following:
                                    ``(I) that the community serving 
                                the school is actively involved in 
                                shaping and implementing the arts 
                                policies and programs of the school;
                                    ``(II) that the school principal 
                                supports the policy of arts education 
                                for all students;
                                    ``(III) that arts teachers in the 
                                school are encouraged to learn and grow 
                                in mastery of their art form as well as 
                                in their teaching competence;
                                    ``(IV) that the school actively 
                                encourages the use of arts assessment 
                                techniques for improving student, 
                                teacher, and administrative 
                                performance; and
                                    ``(V) that school leaders engage 
                                the total school community in arts 
                                activities that create a climate of 
                                support for arts education; and
                    ``(C) include, in the procedures necessary for 
                verification that a school meets the criteria described 
                in subparagraph (B), written evidence of the specific 
                criteria, and supporting documentation, that includes--
                            ``(i) 3 letters of support for the school 
                        from community members, which may include a 
                        letter from--
                                    ``(I) the school's Parent Teacher 
                                Association (PTA);
                                    ``(II) community leaders, such as 
                                elected or appointed officials; and
                                    ``(III) arts organizations or 
                                institutions in the community that 
                                partner with the school; and
                            ``(ii) the completed application for the 
                        award signed by the principal or other 
                        education leader such as a school district arts 
                        coordinator, school board member, or school 
                        superintendent;
                    ``(D) determine appropriate methods for 
                disseminating information about the program and make 
                application forms available to schools;
                    ``(E) delineate such roles as the Board considers 
                to be appropriate for the Director in administering the 
                program, and set forth in the bylaws of the Board the 
                duties, salary, and benefits of the Director;
                    ``(F) raise funds for the operation of the program;
                    ``(G) determine, and inform Congress regarding, the 
                national readiness for interdisciplinary individual 
                student awards described in paragraph (2), on the basis 
                of the framework established in the 1997 National 
                Assessment of Educational Progress and such other 
                criteria as the Board determines appropriate; and
                    ``(H) take such other actions as may be appropriate 
                for the administration of the Congressional Recognition 
                for Excellence in Arts Education Awards Program.
            ``(2) Student awards.--
                    ``(A) In general.--At such time as the Board 
                determines appropriate, the Board--
                            ``(i) shall make annual awards to 
                        elementary school and secondary school students 
                        for individual interdisciplinary arts 
                        achievement; and
                            ``(ii) establish criteria for the making of 
                        the awards.
                    ``(B) Award model.--The Board may use as a model 
                for the awards the Congressional Award Program and the 
                President's Physical Fitness Award Program.
    ``(c) Presentation.--The Board shall arrange for the presentation 
of awards under this section to the recipients and shall provide for 
participation by Members of Congress in such presentation, when 
appropriate.
    ``(d) Date of Announcement.--The Board shall determine an 
appropriate date or dates for announcement of the awards under this 
section, which date shall coincide with a National Arts Education Month 
or a similarly designated day, week or month, if such designation 
exists.
    ``(e) Report.--
            ``(1) In general.--The Board shall prepare and submit an 
        annual report to Congress not later than March 1 of each year 
        summarizing the activities of the Congressional Recognition for 
        Excellence in Arts Education Awards Program during the previous 
        year and making appropriate recommendations for the program. 
        Any minority views and recommendations of members of the Board 
        shall be included in such reports.
            ``(2) Contents.--The annual report shall contain the 
        following:
                    ``(A) Specific information regarding the methods 
                used to raise funds for the Congressional Recognition 
                for Excellence in Arts Education Awards Program and a 
                list of the sources of all money raised by the Board.
                    ``(B) Detailed information regarding the 
                expenditures made by the Board, including the 
                percentage of funds that are used for administrative 
                expenses.
                    ``(C) A description of the programs formulated by 
                the Director under section 207(b)(1), including an 
                explanation of the operation of such programs and a 
                list of the sponsors of the programs.
                    ``(D) A detailed list of the administrative 
                expenditures made by the Board, including the amounts 
                expended for salaries, travel expenses, and reimbursed 
                expenses.
                    ``(E) A list of schools given awards under the 
                program, and the city, town, or county, and State in 
                which the school is located.
                    ``(F) An evaluation of the state of arts education 
                in schools, which may include anecdotal evidence of the 
                effect of the Congressional Recognition for Excellence 
                in Arts Education Awards Program on individual school 
                curriculum.
                    ``(G) On the basis of the findings described in 
                section 202 and the purposes of the Congressional 
                Recognition for Excellence in Arts Education Awards 
                Program described in section 205(a), a recommendation 
                regarding the national readiness to make individual 
                student awards under subsection (b)(2).

``SEC. 206. COMPOSITION OF BOARD; ADVISORY BOARD.

    ``(a) Composition.--
            ``(1) In general.--The Board shall consist of 9 members as 
        follows:
                    ``(A) 2 Members of the Senate appointed by the 
                Majority Leader of the Senate.
                    ``(B) 2 Members of the Senate appointed by the 
                Minority Leader of the Senate.
                    ``(C) 2 Members of the House of Representatives 
                appointed by the Speaker of the House of 
                Representatives.
                    ``(D) 2 Members of the House of Representatives 
                appointed by the Minority Leader of the House of 
                Representatives.
                    ``(E) The Director of the Board, who shall serve as 
                a nonvoting member.
            ``(2) Advisory board.--There is established an Advisory 
        Board to assist and advise the Board with respect to its duties 
        under this title, that shall consist of 15 members appointed--
                    ``(A) in the case of the initial such members of 
                the Advisory Board, by the leaders of the Senate and 
                House of Representatives making the appointments under 
                paragraph (1), from recommendations received from 
                organizations and entities involved in the arts such as 
                businesses, civic and cultural organizations, and the 
                Arts Education Partnership steering committee; and
                    ``(B) in the case of any other such members of the 
                Advisory Board, by the Board.
            ``(3) Special rule for advisory board.--In making 
        appointments to the Advisory Board, the individuals and entity 
        making the appointments under paragraph (2) shall consider 
        recommendations submitted by any interested party, including 
        any member of the Board.
            ``(4) Interest.--
                    ``(A) In general.--Members of Congress appointed to 
                the Board shall have an interest in 1 of the purposes 
                described in section 205(a).
                    ``(B) Diversity.--The membership of the Advisory 
                Board shall represent a balance of artistic and 
                education professionals, including at least 1 
                representative who teaches in each of the following 
                disciplines:
                            ``(i) Music.
                            ``(ii) Theater.
                            ``(iii) Visual Arts.
                            ``(iv) Dance.
    ``(b) Terms.--
            ``(1) Board.--Members of the Board shall serve for terms of 
        6 years, except that of the members first appointed--
                    ``(A) 1 Member of the House of Representatives and 
                1 Member of the Senate shall serve for terms of 2 
                years;
                    ``(B) 1 Member of the House of Representatives and 
                1 Member of the Senate shall serve for terms of 4 
                years; and
                    ``(C) 2 Members of the House of Representatives and 
                2 Members of the Senate shall serve for terms of 6 
                years,
        as determined by lot when all such members have been appointed.
            ``(2) Advisory board.--Members of the Advisory Board shall 
        serve for terms of 6 years, except that of the members first 
        appointed, 3 shall serve for terms of 2 years, 4 shall serve 
        for terms of 4 years, and 8 shall serve for terms of 6 years, 
        as determined by lot when all such members have been appointed.
    ``(c) Vacancy.--
            ``(1) In general.--Any vacancy in the membership of the 
        Board or Advisory Board shall be filled in the same manner in 
        which the original appointment was made.
            ``(2) Term.--Any member appointed to fill a vacancy 
        occurring before the expiration of the term for which the 
        member's predecessor was appointed shall be appointed only for 
        the remainder of such term.
            ``(3) Extension.--Any appointed member of the Board or 
        Advisory Board may continue to serve after the expiration of 
        the member's term until the member's successor has taken 
        office.
            ``(4) Special rule.--Vacancies in the membership of the 
        Board shall not affect the Board's power to function if there 
        remain sufficient members of the Board to constitute a quorum 
        under subsection (d).
    ``(d) Quorum.--A majority of the members of the Board shall 
constitute a quorum.
    ``(e) Compensation.--Members of the Board and Advisory Board shall 
serve without pay but may be compensated, from amounts in the trust 
fund, for reasonable travel expenses incurred by the members in the 
performance of their duties as members of the Board.
    ``(f) Meetings.--The Board shall meet annually at the call of the 
Chairperson and at such other times as the Chairperson may determine to 
be appropriate. The Chairperson shall call a meeting of the Board 
whenever \1/3\ of the members of the Board submit written requests for 
such a meeting.
    ``(g) Officers.--The Chairperson and the Vice Chairperson of the 
Board shall be elected from among the members of the Board, by a 
majority vote of the members of the Board, for such terms as the Board 
determines. The Vice Chairperson shall perform the duties of the 
Chairperson in the absence of the Chairperson.
    ``(h) Committees.--
            ``(1) In general.--The Board may appoint such committees, 
        and assign to the committees such functions, as may be 
        appropriate to assist the Board in carrying out its duties 
        under this title. Members of such committees may include the 
        members of the Board or the Advisory Board.
            ``(2) Special rule.--Any employee or officer of the Federal 
        Government may serve as a member of a committee created by the 
        Board, but may not receive compensation for services performed 
        for such a committee.
    ``(i) Bylaws and Other Requirements.--The Board shall establish 
such bylaws and other requirements as may be appropriate to enable the 
Board to carry out the Board's duties under this title.

``SEC. 207. ADMINISTRATION.

    ``(a) In General.--In the administration of the Congressional 
Recognition for Excellence in Arts Education Awards Program, the Board 
shall be assisted by a Director, who shall be the principal executive 
of the program and who shall supervise the affairs of the Board. The 
Director shall be appointed by a majority vote of the Board.
    ``(b) Director's Responsibilities.--The Director shall, in 
consultation with the Board--
            ``(1) formulate programs to carry out the policies of the 
        Congressional Recognition for Excellence in Arts Education 
        Awards Program;
            ``(2) establish such divisions within the Congressional 
        Recognition for Excellence in Arts Education Awards Program as 
        may be appropriate; and
            ``(3) employ and provide for the compensation of such 
        personnel as may be necessary to carry out the Congressional 
        Recognition for Excellence in Arts Education Awards Program, 
        subject to such policies as the Board shall prescribe under its 
        bylaws.
    ``(c) Application.--Each school or student desiring an award under 
this title shall submit an application to the Board at such time, in 
such manner and accompanied by such information as the Board may 
require.

``SEC. 208. LIMITATIONS.

    ``(a) In General.--Subject to such limitations as may be provided 
for under this section, the Board may take such actions and make such 
expenditures as may be necessary to carry out the Congressional 
Recognition for Excellence in Arts Education Awards Program, except 
that the Board shall carry out its functions and make expenditures with 
only such resources as are available to the Board from the 
Congressional Recognition for Excellence in Arts Education Awards Trust 
Fund under section 211.
    ``(b) Contracts.--The Board may enter into such contracts as may be 
appropriate to carry out the business of the Board, but the Board may 
not enter into any contract which will obligate the Board to expend an 
amount greater than the amount available to the Board for the purpose 
of such contract during the fiscal year in which the expenditure is 
made.
    ``(c) Gifts.--The Board may seek and accept, from sources other 
than the Federal Government, funds and other resources to carry out the 
Board's activities. The Board may not accept any funds or other 
resources that are--
            ``(1) donated with a restriction on their use unless such 
        restriction merely provides that such funds or other resources 
        be used in furtherance of the Congressional Recognition for 
        Excellence in Arts Education Awards Program; or
            ``(2) donated subject to the condition that the identity of 
        the donor of the funds or resources shall remain anonymous.
    ``(d) Volunteers.--The Board may accept and utilize the services of 
voluntary, uncompensated personnel.
    ``(e) Real or Personal Property.--The Board may lease (or otherwise 
hold), acquire, or dispose of real or personal property necessary for, 
or relating to, the duties of the Board.
    ``(f) Prohibitions.--The Board shall have no power--
            ``(1) to issue bonds, notes, debentures, or other similar 
        obligations creating long-term indebtedness;
            ``(2) to issue any share of stock or to declare or pay any 
        dividends; or
            ``(3) to provide for any part of the income or assets of 
        the Board to inure to the benefit of any director, officer, or 
        employee of the Board except as reasonable compensation for 
        services or reimbursement for expenses.

``SEC. 209. AUDITS.

    ``The financial records of the Board may be audited by the 
Comptroller General of the United States at such times as the 
Comptroller General may determine to be appropriate. The Comptroller 
General, or any duly authorized representative of the Comptroller 
General, shall have access for the purpose of audit to any books, 
documents, papers, and records of the Board (or any agent of the Board) 
which, in the opinion of the Comptroller General, may be pertinent to 
the Congressional Recognition for Excellence in Arts Education Awards 
Program.

``SEC. 210. TERMINATION.

    ``The Board shall terminate 6 years after the date of enactment of 
this title. The Board shall set forth, in its bylaws, the procedures 
for dissolution to be followed by the Board.

``SEC. 211. TRUST FUND.

    ``(a) Establishment of Fund.--There shall be established in the 
Treasury of the United States a trust fund which shall be known as the 
``Congressional Recognition for Excellence in Arts Education Awards 
Trust Fund''. The fund shall be administered by the Board, and shall 
consist of amounts donated to the Board under section 208(c) and 
amounts credited to the fund under subsection (d).
    ``(b) Investment.--
            ``(1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest, at the direction of the Director of the 
        Board, such portion of the fund that is not, in the judgment of 
        the Director of the Board, required to meet the current needs 
        of the fund.
            ``(2) Authorized investments.--Such investments shall be in 
        public debt obligations with maturities suitable to the needs 
        of the fund, as determined by the Director of the Board. 
        Investments in public debt obligations shall bear interest at 
        rates determined by the Secretary of the Treasury taking into 
        consideration the current market yield on outstanding 
        marketable obligations of the United States of comparable 
        maturity.
    ``(c) Authority To Sell Obligations.--Any obligation acquired by 
the fund may be sold by the Secretary of the Treasury at the market 
price.
    ``(d) Proceeds From Certain Transactions Credited to Fund.--The 
interest on, and the proceeds from the sale or redemption of, any 
obligations held in the fund shall be credited to and form a part of 
the fund.''.
    (b) Conforming Amendments.--The Congressional Award Act (2 U.S.C. 
801-808) is amended--
            (1) by inserting after section 1 the following:

               ``TITLE I--CONGRESSIONAL AWARD PROGRAM'',

            (2) by redesignating sections 2 through 9 as sections 101 
        through 108, respectively,
            (3) in section 101 (as so redesignated)--
                    (A) by striking ``Act'' and inserting ``title'', 
                and
                    (B) by striking ``section 3'' and inserting 
                ``section 102'',
            (4) in section 102(e) (as so redesignated)--
                    (A) by striking ``section 5(g)(1)'' and inserting 
                ``section 104(g)(1)'', and
                    (B) by striking ``section 7(g)(1)'' and inserting 
                ``section 106(g)(1)'', and
            (5) in section 103(i), by striking ``section 7'' and 
        inserting ``section 106''.

            Passed the Senate October 27 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2789

_______________________________________________________________________

                                 AN ACT

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

S 2789 ES----2
S 2789 ES----3
S 2789 ES----4
S 2789 ES----5
```