S. 2789

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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
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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;
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‘‘(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);
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‘‘(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:
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‘‘(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.
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‘‘(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
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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
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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).
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‘‘(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
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(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’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.