[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1293 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1293

    To establish a Congressional Recognition for Excellence in Arts 
                            Education Board.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 28, 1999

  Mr. Cochran introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    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. SHORT TITLE.

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

SEC. 2. 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 has 
        demonstrated its effectiveness in addressing the purposes 
        described in section 5(a) and the capacity and credibility to 
        administer arts education programs of national significance.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Arts education partnership.--The term ``Arts Education 
        Partnership'' (formerly known as the Goals 2000 Arts Education 
        Partnership) is a private, nonprofit coalition of education, 
        arts, business, philanthropic, and government organizations 
        that--
                    (A) demonstrates and promotes the essential role of 
                arts education in enabling all students to succeed in 
                school, life, and work; and
                    (B) was formed in 1995 through a cooperative 
                agreement among--
                            (i) the National Endowment for the Arts;
                            (ii) the Department of Education;
                            (iii) the National Assembly of State Arts 
                        Agencies; and
                            (iv) the Council of Chief State School 
                        Officers.
            (2) Board.--The term ``Board'' means the Congressional 
        Recognition for Excellence in Arts Education Awards Board 
        established under section 4.
            (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. 4. ESTABLISHMENT OF BOARD.

    There is established as an independent establishment 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 5.

SEC. 5. 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 accessibility of the arts to 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 provides comprehensive, 
                        sequential arts learning and integrates the 
                        arts throughout the curriculum; 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) three letters of support for the 
                        school, of which--
                                    (I) one shall be from the school's 
                                Parent Teacher Association (PTA);
                                    (II) one shall be from community 
                                leaders, such as elected or appointed 
                                officials; and
                                    (III) one shall be from 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, which methods may include--
                            (i) the Arts Education Partnership web site 
                        and publications;
                            (ii) the Department of Education Community 
                        Update newsletter;
                            (iii) websites and publications of the Arts 
                        Education Partnership steering committee 
                        members;
                            (iv) press releases, public service 
                        announcements and other media opportunities; 
                        and
                            (v) direct communication by postal mail, or 
                        electronic means;
                    (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 1997 National Assessment of Educational Progress 
                arts education achievement levels; 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 in Schools Week or 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 7(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 2 and the purposes of the Congressional 
                Recognition for Excellence in Arts Education Awards 
                Program described in section 5(a), a recommendation 
                regarding the national readiness to make individual 
                student awards under subsection (b)(2).

SEC. 6. COMPOSITION OF BOARD.

    (a) Composition.--
            (1) In general.--The Board shall consist of 24 members as 
        follows:
                    (A) Two Members of the Senate appointed by the 
                Majority Leader of the Senate.
                    (B) Two Members of the Senate appointed by the 
                Minority Leader of the Senate.
                    (C) Two Members of the House of Representatives 
                appointed by the Speaker of the House of 
                Representatives.
                    (D) Two 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.
                    (F) Fifteen members appointed by the Arts Education 
                Partnership steering committee from among 
                representatives of the Arts Education Partnership.
            (2) Special rule.--In making appointments to the Board, the 
        individuals and entity making the appointments under paragraph 
        (1) shall consider recommendations submitted by any interested 
        party, including any member of the Board.
            (3) Interest.--
                    (A) In general.--Members of Congress appointed to 
                the Board shall have an interest in 1 of the purposes 
                described in section 5(a).
                    (B) Diversity.--Representatives of the Arts 
                Education Partnership appointed to the Board shall 
                represent the diversity of that organization's 
                membership, so that artistic and education 
                professionals are represented in the membership of the 
                Board.
    (b) Terms.--Members of the Board shall serve for terms of 6 years, 
except that of the members first appointed--
            (1) one Member of the House of Representatives, 1 Member of 
        the Senate, and 3 members of the Arts Education Partnership 
        shall serve for terms of 2 years;
            (2) one Member of the House of Representatives, 1 Member of 
        the Senate, and 4 members of the Arts Education Partnership 
        shall serve for terms of 4 years; and
            (3) two Members of the House of Representatives, 2 Members 
        of the Senate, and 8 representatives of the Arts Education 
        Partnership 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 
        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 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 shall serve without pay but 
may be compensated 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 Congress serving on 
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 Act. 
        Members of such committees may include the members of the Board 
        or such other qualified individuals as the Board may select.
            (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 Act.

SEC. 7. 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 nominated by the Arts Education Partnership steering 
committee and 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 a grant under 
this Act shall submit an application to the Board at such time, in such 
manner and accompanied by such information as the Board may require.

SEC. 8. 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 pursuant to section 10(e), and from sources other than the Federal 
Government.
    (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. 9. 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. 10. TERMINATION.

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

SEC. 11. TRUST FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a trust fund to be known as the ``Congressional 
Recognition for Excellence in Arts Education Awards Trust Fund''. The 
fund shall consist of amounts appropriated to the fund pursuant to 
section 12 and amounts credited to the fund under subsection (d).
    (b) Investment of Fund Assets.--
            (1) In general.--It shall be the duty of the Secretary of 
        the Treasury to invest in full the amounts appropriated to the 
        fund. Such investments may be made only in interest-bearing 
        obligations of the United States or in obligations guaranteed 
        as to both principal and interest by the United States. For 
        such purpose, such obligations may be acquired on original 
        issue at the issue price or by purchase of outstanding 
        obligations at the marketplace.
            (2) Special rule.--The purposes for which obligations of 
        the United States may be issued under the Second Liberty Bond 
        Act are hereby extended to authorize the issuance at par of 
        special obligations exclusively to the fund. Such special 
        obligations shall bear interest at a rate equal to the average 
        rate of interest, computed as to the end of the calendar month 
        next preceding the date of such issue, borne by all marketable 
        interest-bearing obligations of the United States then forming 
        a part of the public debt, except that when such average rate 
        is not a multiple of \1/8\ of 1 percent, the rate of interest 
        of such special obligations shall be the multiple of \1/8\ of 1 
        percent next lower than such average rate. Such special 
        obligations shall be issued only if the Secretary determines 
        that the purchase of other interest-bearing obligations of the 
        United States, or of obligations guaranteed as to both 
        principal and interest by the United States on original issue 
        or at the market price, is not in the public interest.
    (c) Authority To Sell Obligations.--Any obligation acquired by the 
fund (except special obligations issued exclusively to the fund) may be 
sold by the Secretary of the Treasury at the market price, and such 
special obligations may be redeemed at par plus accrued interest.
    (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.
    (e) Expenditures From Trust Fund.--The Secretary of the Treasury is 
authorized to pay to the Board from the interest and earnings of the 
fund such sums as the Board determines are necessary and appropriate to 
enable the Board to carry out this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Congressional 
Recognition for Excellence in Arts Education Awards Trust Fund 
established under section 11, $1,000,000 during the period beginning 
with fiscal year 2001 and ending with fiscal year 2005.
                                 <all>