United States Code/Title 2/Chapter 19/Subchapter II

by the United States Government

§ 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 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 814 (a) of this title and the capacity and credibility to administer arts education programs of national significance.

§ 812. Definitions

In this subchapter:

(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 813 of this title.

(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); [1] or

(B) a bureau [2] funded school as defined in section 2026 [1] of title 25.

(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.

§ 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 814 of this title.

§ 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;

(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 816 (b)(1) of this title, 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 811 of this title and the purposes of the Congressional Recognition for Excellence in Arts Education Awards Program described in subsection (a) of this section, a recommendation regarding the national readiness to make individual student awards under subsection (b)(2) of this section.

§ 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 subchapter, 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 814 (a) of this title.

(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) of this section.

(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 subchapter. 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 subchapter.

§ 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 subchapter shall submit an application to the Board at such time, in such manner and accompanied by such information as the Board may require.

§ 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 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 817c of this title.

(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.

§ 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.

§ 817b. Termination

The Board shall terminate 6 years after November 22, 2000. The Board shall set forth, in its bylaws, the procedures for dissolution to be followed by the Board.

§ 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 817 (c) of this title and amounts credited to the fund under subsection (d) of this section.

(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.