[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2789 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2789
To amend the Congressional Award Act to establish a Congressional
Recognition for Excellence in Arts Education Board.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 26, 2000
Mr. Cochran introduced the following bill; which was read twice and
referred to the Committee on Governmental Affairs
_______________________________________________________________________
A BILL
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
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' (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 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 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) 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, 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 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 among representatives of the Arts
Education Partnership selected from recommendations
received from the Arts Education Partnership steering
committee; and
``(B) in the case of any other such members of the
Advisory Board, by the Board, from among
representatives of the Arts Education Partnership
selected from recommendations received from the Arts
Education Partnership steering committee.
``(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.--Representatives of the Arts
Education Partnership appointed to the Advisory Board
shall represent the diversity of that organization's
membership, so that artistic and education
professionals are represented in the membership of the
Board, 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 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, the Advisory 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 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 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 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 pursuant to section 210(e).
``(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 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 donated to the Board under section 208(c)
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 in 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 title.''
(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''.
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