[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;
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``(4) demonstrate how community involvement in the creation
and implementation of arts policies enriches the schools;
``(5) recognize school administrators and faculty who
provide quality arts education to students;
``(6) acknowledge schools that provide professional
development opportunities for their teachers;
``(7) create opportunities for students to experience the
relationship between early participation in the arts and
developing the life skills necessary for future personal and
professional success;
``(8) increase, encourage, and ensure comprehensive,
sequential arts learning for all students; and
``(9) expand student access to arts education in schools in
every community.
``(b) Duties.--
``(1) School awards.--The Board shall--
``(A) make annual awards to elementary schools and
secondary schools in the States in accordance with
criteria established under subparagraph (B), which
awards--
``(i) shall be of such design and materials as
the Board may determine, including a well-designed
certificate or a work of art, designed for the
awards event by an appropriate artist; and
``(ii) shall be reflective of the dignity of
Congress;
``(B) establish criteria required for a school to
receive the award, and establish such procedures as may
be necessary to verify that the school meets the
criteria, which criteria shall include criteria
requiring--
``(i) that the school--
``(I) provides comprehensive,
sequential arts learning; and
``(II) integrates the arts
throughout the curriculum in subjects
other than the arts; and
``(ii) 3 of the following:
``(I) that the community serving the
school is actively involved in shaping
and implementing the arts policies and
programs of the school;
``(II) that the school principal
supports the policy of arts education
for all students;
``(III) that arts teachers in the
school are encouraged to learn and grow
in mastery of their art form as well as
in their teaching competence;
``(IV) that the school actively
encourages the use of arts assessment
techniques for improving student,
teacher, and administrative performance;
and
``(V) that school leaders engage the
total school community in arts
activities that create a climate of
support for arts education; and
``(C) include, in the procedures necessary for
verification that a school meets the criteria described
in subparagraph (B), written evidence of the specific
criteria, and supporting documentation, that includes--
``(i) 3 letters of support for the school from
community members, which may include a letter
from--
``(I) the school's Parent Teacher
Association (PTA);
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``(II) community leaders, such as
elected or appointed officials; and
``(III) arts organizations or
institutions in the community that
partner with the school; and
``(ii) the completed application for the award
signed by the principal or other education leader
such as a school district arts coordinator, school
board member, or school superintendent;
``(D) determine appropriate methods for
disseminating information about the program and make
application forms available to schools;
``(E) delineate such roles as the Board considers to
be appropriate for the Director in administering the
program, and set forth in the bylaws of the Board the
duties, salary, and benefits of the Director;
``(F) raise funds for the operation of the program;
``(G) determine, and inform Congress regarding, the
national readiness for interdisciplinary individual
student awards described in paragraph (2), on the basis
of the framework established in the 1997 National
Assessment of Educational Progress and such other
criteria as the Board determines appropriate; and
``(H) take such other actions as may be appropriate
for the administration of the Congressional Recognition
for Excellence in Arts Education Awards Program.
``(2) Student awards.--
``(A) In general.--At such time as the Board
determines appropriate, the Board--
``(i) shall make annual awards to elementary
school and secondary school students for
individual interdisciplinary arts achievement; and
``(ii) establish criteria for the making of
the awards.
``(B) Award model.--The Board may use as a model for
the awards the Congressional Award Program and the
President's Physical Fitness Award Program.
``(c) Presentation.--The Board shall arrange for the presentation of
awards under this section to the recipients and shall provide for
participation by Members of Congress in such presentation, when
appropriate.
``(d) Date of Announcement.--The Board shall determine an
appropriate date or dates for announcement of the awards under this
section, which date shall coincide with a National Arts Education Month
or a similarly designated day, week or month, if such designation
exists.
``(e) Report.--
``(1) In <<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:
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``(A) Specific information regarding the methods
used to raise funds for the Congressional Recognition
for Excellence in Arts Education Awards Program and a
list of the sources of all money raised by the Board.
``(B) Detailed information regarding the
expenditures made by the Board, including the percentage
of funds that are used for administrative expenses.
``(C) A description of the programs formulated by
the Director under section 207(b)(1), including an
explanation of the operation of such programs and a list
of the sponsors of the programs.
``(D) A detailed list of the administrative
expenditures made by the Board, including the amounts
expended for salaries, travel expenses, and reimbursed
expenses.
``(E) A list of schools given awards under the
program, and the city, town, or county, and State in
which the school is located.
``(F) An evaluation of the state of arts education
in schools, which may include anecdotal evidence of the
effect of the Congressional Recognition for Excellence
in Arts Education Awards Program on individual school
curriculum.
``(G) On the basis of the findings described in
section 202 and the purposes of the Congressional
Recognition for Excellence in Arts Education Awards
Program described in section 205(a), a recommendation
regarding the national readiness to make individual
student awards under subsection (b)(2).
``SEC. 206. <<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.
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``(3) Special rule for advisory board.--In making
appointments to the Advisory Board, the individuals and entity
making the appointments under paragraph (2) shall consider
recommendations submitted by any interested party, including any
member of the Board.
``(4) Interest.--
``(A) In general.--Members of Congress appointed to
the Board shall have an interest in 1 of the purposes
described in section 205(a).
``(B) Diversity.--The membership of the Advisory
Board shall represent a balance of artistic and
education professionals, including at least 1
representative who teaches in each of the following
disciplines:
``(i) Music.
``(ii) Theater.
``(iii) Visual Arts.
``(iv) Dance.
``(b) Terms.--
``(1) Board.--Members of the Board shall serve for terms of
6 years, except that of the members first appointed--
``(A) 1 Member of the House of Representatives and 1
Member of the Senate shall serve for terms of 2 years;
``(B) 1 Member of the House of Representatives and 1
Member of the Senate shall serve for terms of 4 years;
and
``(C) 2 Members of the House of Representatives and
2 Members of the Senate shall serve for terms of 6
years,
as determined by lot when all such members have been appointed.
``(2) Advisory board.--Members of the Advisory Board shall
serve for terms of 6 years, except that of the members first
appointed, 3 shall serve for terms of 2 years, 4 shall serve for
terms of 4 years, and 8 shall serve for terms of 6 years, as
determined by lot when all such members have been appointed.
``(c) Vacancy.--
``(1) In general.--Any vacancy in the membership of the
Board or Advisory Board shall be filled in the same manner in
which the original appointment was made.
``(2) Term.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of such term.
``(3) Extension.--Any appointed member of the Board or
Advisory Board may continue to serve after the expiration of the
member's term until the member's successor has taken office.
``(4) Special rule.--Vacancies in the membership of the
Board shall not affect the Board's power to function if there
remain sufficient members of the Board to constitute a quorum
under subsection (d).
``(d) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(e) Compensation.--Members of the Board and Advisory Board shall
serve without pay but may be compensated, from amounts in the trust
fund, for reasonable travel expenses incurred
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by the members in the performance of their duties as members of the
Board.
``(f) 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
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and make expenditures with only such resources as are available to the
Board from the Congressional Recognition for Excellence in Arts
Education Awards Trust Fund under section 211.
``(b) Contracts.--The Board may enter into such contracts as may be
appropriate to carry out the business of the Board, but the Board may
not enter into any contract which will obligate the Board to expend an
amount greater than the amount available to the Board for the purpose of
such contract during the fiscal year in which the expenditure is made.
``(c) Gifts.--The Board may seek and accept, from sources other than
the Federal Government, funds and other resources to carry out the
Board's activities. The Board may not accept any funds or other
resources that are--
``(1) donated with a restriction on their use unless such
restriction merely provides that such funds or other resources
be used in furtherance of the Congressional Recognition for
Excellence in Arts Education Awards Program; or
``(2) donated subject to the condition that the identity of
the donor of the funds or resources shall remain anonymous.
``(d) Volunteers.--The Board may accept and utilize the services of
voluntary, uncompensated personnel.
``(e) Real or Personal Property.--The Board may lease (or otherwise
hold), acquire, or dispose of real or personal property necessary for,
or relating to, the duties of the Board.
``(f) Prohibitions.--The Board shall have no power--
``(1) to issue bonds, notes, debentures, or other similar
obligations creating long-term indebtedness;
``(2) to issue any share of stock or to declare or pay any
dividends; or
``(3) to provide for any part of the income or assets of the
Board to inure to the benefit of any director, officer, or
employee of the Board except as reasonable compensation for
services or reimbursement for expenses.
``SEC. 209. <<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:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 27, considered and passed Senate.
Oct. 31, considered and passed House.
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