[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2789 Enrolled Bill (ENR)]

        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 
    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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.