[106th Congress Public Law 533]
[From the U.S. Government Printing Office]


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[DOCID: f:publ533.106]


[[Page 114 STAT. 2545]]

Public Law 106-533
106th Congress

                                 An Act


 
 To amend the Congressional <<NOTE: Nov. 22, 2000 -  [S. 2789]>> 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 <<NOTE: Congressional Recognition for 
                            Excellence in Arts Education 
                            Act.>> 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 <<NOTE: 2 USC 801 note.>> TITLE.

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

``SEC. 202. <<NOTE: 2 USC 811.>> 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

[[Page 114 STAT. 2546]]

        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. <<NOTE: 2 USC 812.>> 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. <<NOTE: 2 USC 813.>> 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. <<NOTE: 2 USC 814.>> 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;

[[Page 114 STAT. 2547]]

            ``(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);

[[Page 114 STAT. 2548]]

                                    ``(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 <<NOTE: Deadline.>> 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:

[[Page 114 STAT. 2549]]

                    ``(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. <<NOTE: 2 USC 815.>> 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.

[[Page 114 STAT. 2550]]

            ``(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

[[Page 114 STAT. 2551]]

by the members in the performance of their duties as members of the 
Board.
    ``(f) Meetins.--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. <<NOTE: 2 USC 816.>> 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. <<NOTE: 2 USC 817.>> 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

[[Page 114 STAT. 2552]]

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. <<NOTE: 2 USC 817a.>> 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. <<NOTE: 2 USC 817b.>> 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. <<NOTE: 2 USC 817c.>> 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).

[[Page 114 STAT. 2553]]

    ``(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 <<NOTE: 2 USC 801-
        808.>>  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) <<NOTE: 2 USC 802.>> (as so 
        redesignated)--
                    (A) by striking ``section 5(g)(1)'' and inserting 
                ``section 104(g)(1)'', and

[[Page 114 STAT. 2554]]

                    (B) by striking ``section 7(g)(1)'' and inserting 
                ``section 106(g)(1)'', and
            (5) in section 103(i), <<NOTE: 2 USC 803.>> by striking 
        ``section 7'' and inserting ``section 106''.

    Approved November 22, 2000.

LEGISLATIVE HISTORY--S. 2789:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 27, considered and passed Senate.
            Oct. 31, considered and passed House.

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