[Pages H11683-H11686]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION BOARD

Mr. McKEON. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 2789) to amend the Congressional Award Act to establish
a Congressional Recognition for Excellence in Arts Education Board.
The Clerk read as follows:

S. 2789

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS
EDUCATION.

(a) In General.--The Congressional Award Act (2 U.S.C. 801-
808) is amended by adding at the end the following:

``TITLE II--CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION

``SEC. 201. SHORT TITLE.

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

``SEC. 202. FINDINGS.

``Congress makes the following findings:
``(1) Arts literacy is a fundamental purpose of schooling
for all students.
``(2) Arts education stimulates, develops, and refines many
cognitive and creative skills, critical thinking and
nimbleness in judgment, creativity and imagination,
cooperative decisionmaking, leadership, high-level literacy
and communication, and the capacity for problem-posing and
problem-solving.
``(3) Arts education contributes significantly to the
creation of flexible, adaptable, and knowledgeable workers
who will be needed in the 21st century economy.
``(4) Arts education improves teaching and learning.
``(5) Where parents and families, artists, arts
organizations, businesses, local civic and cultural leaders,
and institutions are actively engaged in instructional
programs, arts education is more successful.
``(6) Effective teachers of the arts should be encouraged
to continue to learn and grow in mastery of their art form as
well as in their teaching competence.
``(7) The 1999 study, entitled `Gaining the Arts Advantage:
Lessons from School Districts that Value Arts Education',
found that the literacy, education, programs, learning and
growth described in paragraphs (1) through (6) contribute to
successful districtwide arts education.
``(8) Despite all of the literacy, education, programs,
learning and growth findings described in paragraphs (1)
through (6), the 1997 National Assessment of Educational
Progress reported that students lack sufficient opportunity
for participatory learning in the arts.
``(9) The Arts Education Partnership, a coalition of
national and State education, arts, business, and civic
groups, is an excellent example of one organization that has
demonstrated its effectiveness in addressing the purposes
described in section 205(a) and the capacity and credibility
to administer arts education programs of national
significance.

``SEC. 203. DEFINITIONS.

``In this title:
``(1) Arts education partnership.--The term `Arts Education
Partnership' means a private, nonprofit coalition of
education, arts, business, philanthropic, and government
organizations that demonstrates and promotes the essential
role of arts education in enabling all students to succeed in
school, life, and work, and was formed in 1995.
``(2) Board.--The term `Board' means the Congressional
Recognition for Excellence in Arts Education Awards Board
established under section 204.
``(3) Elementary school; secondary school.--The terms
`elementary school' and `secondary school' mean--
``(A) a public or private elementary school or secondary
school (as the case may be), as defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801); or
``(B) a bureau funded school as defined in section 1146 of
the Education Amendments of 1978 (25 U.S.C. 2026).
``(4) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau.

``SEC. 204. ESTABLISHMENT OF BOARD.

``There is established within the legislative branch of the
Federal Government a Congressional Recognition for Excellence
in Arts Education Awards Board. The Board shall be
responsible for administering the awards program described in
section 205.

``SEC. 205. BOARD DUTIES.

``(a) Awards Program Established.--The Board shall
establish and administer an awards program to be known as the
`Congressional Recognition for Excellence in Arts Education
Awards Program'. The purpose of the program shall be to--
``(1) celebrate the positive impact and public benefits of
the arts;
``(2) encourage all elementary schools and secondary
schools to integrate the arts into the school curriculum;
``(3) spotlight the most compelling evidence of the
relationship between the arts and student learning;
``(4) demonstrate how community involvement in the creation
and implementation of arts policies enriches the schools;

[[Page H11684]]

``(5) recognize school administrators and faculty who
provide quality arts education to students;
``(6) acknowledge schools that provide professional
development opportunities for their teachers;
``(7) create opportunities for students to experience the
relationship between early participation in the arts and
developing the life skills necessary for future personal and
professional success;
``(8) increase, encourage, and ensure comprehensive,
sequential arts learning for all students; and
``(9) expand student access to arts education in schools in
every community.
``(b) Duties.--
``(1) School awards.--The Board shall--
``(A) make annual awards to elementary schools and
secondary schools in the States in accordance with criteria
established under subparagraph (B), which awards--
``(i) shall be of such design and materials as the Board
may determine, including a well-designed certificate or a
work of art, designed for the awards event by an appropriate
artist; and
``(ii) shall be reflective of the dignity of Congress;
``(B) establish criteria required for a school to receive
the award, and establish such procedures as may be necessary
to verify that the school meets the criteria, which criteria
shall include criteria requiring--
``(i) that the school--

``(I) provides comprehensive, sequential arts learning; and
``(II) integrates the arts throughout the curriculum in
subjects other than the arts; and

``(ii) 3 of the following:

``(I) that the community serving the school is actively
involved in shaping and implementing the arts policies and
programs of the school;
``(II) that the school principal supports the policy of
arts education for all students;
``(III) that arts teachers in the school are encouraged to
learn and grow in mastery of their art form as well as in
their teaching competence;
``(IV) that the school actively encourages the use of arts
assessment techniques for improving student, teacher, and
administrative performance; and
``(V) that school leaders engage the total school community
in arts activities that create a climate of support for arts
education; and

``(C) include, in the procedures necessary for verification
that a school meets the criteria described in subparagraph
(B), written evidence of the specific criteria, and
supporting documentation, that includes--
``(i) 3 letters of support for the school from community
members, which may include a letter from--

``(I) the school's Parent Teacher Association (PTA);
``(II) community leaders, such as elected or appointed
officials; and
``(III) arts organizations or institutions in the community
that partner with the school; and

``(ii) the completed application for the award signed by
the principal or other education leader such as a school
district arts coordinator, school board member, or school
superintendent;
``(D) determine appropriate methods for disseminating
information about the program and make application forms
available to schools;
``(E) delineate such roles as the Board considers to be
appropriate for the Director in administering the program,
and set forth in the bylaws of the Board the duties, salary,
and benefits of the Director;
``(F) raise funds for the operation of the program;
``(G) determine, and inform Congress regarding, the
national readiness for interdisciplinary individual student
awards described in paragraph (2), on the basis of the
framework established in the 1997 National Assessment of
Educational Progress and such other criteria as the Board
determines appropriate; and
``(H) take such other actions as may be appropriate for the
administration of the Congressional Recognition for
Excellence in Arts Education Awards Program.
``(2) Student awards.--
``(A) In general.--At such time as the Board determines
appropriate, the Board--
``(i) shall make annual awards to elementary school and
secondary school students for individual interdisciplinary
arts achievement; and
``(ii) establish criteria for the making of the awards.
``(B) Award model.--The Board may use as a model for the
awards the Congressional Award Program and the President's
Physical Fitness Award Program.
``(c) Presentation.--The Board shall arrange for the
presentation of awards under this section to the recipients
and shall provide for participation by Members of Congress in
such presentation, when appropriate.
``(d) Date of Announcement.--The Board shall determine an
appropriate date or dates for announcement of the awards
under this section, which date shall coincide with a National
Arts Education Month or a similarly designated day, week or
month, if such designation exists.
``(e) Report.--
``(1) In general.--The Board shall prepare and submit an
annual report to Congress not later than March 1 of each year
summarizing the activities of the Congressional Recognition
for Excellence in Arts Education Awards Program during the
previous year and making appropriate recommendations for the
program. Any minority views and recommendations of members of
the Board shall be included in such reports.
``(2) Contents.--The annual report shall contain the
following:
``(A) Specific information regarding the methods used to
raise funds for the Congressional Recognition for Excellence
in Arts Education Awards Program and a list of the sources of
all money raised by the Board.
``(B) Detailed information regarding the expenditures made
by the Board, including the percentage of funds that are used
for administrative expenses.
``(C) A description of the programs formulated by the
Director under section 207(b)(1), including an explanation of
the operation of such programs and a list of the sponsors of
the programs.
``(D) A detailed list of the administrative expenditures
made by the Board, including the amounts expended for
salaries, travel expenses, and reimbursed expenses.
``(E) A list of schools given awards under the program, and
the city, town, or county, and State in which the school is
located.
``(F) An evaluation of the state of arts education in
schools, which may include anecdotal evidence of the effect
of the Congressional Recognition for Excellence in Arts
Education Awards Program on individual school curriculum.
``(G) On the basis of the findings described in section 202
and the purposes of the Congressional Recognition for
Excellence in Arts Education Awards Program described in
section 205(a), a recommendation regarding the national
readiness to make individual student awards under subsection
(b)(2).

``SEC. 206. COMPOSITION OF BOARD; ADVISORY BOARD.

``(a) Composition.--
``(1) In general.--The Board shall consist of 9 members as
follows:
``(A) 2 Members of the Senate appointed by the Majority
Leader of the Senate.
``(B) 2 Members of the Senate appointed by the Minority
Leader of the Senate.
``(C) 2 Members of the House of Representatives appointed
by the Speaker of the House of Representatives.
``(D) 2 Members of the House of Representatives appointed
by the Minority Leader of the House of Representatives.
``(E) The Director of the Board, who shall serve as a
nonvoting member.
``(2) Advisory board.--There is established an Advisory
Board to assist and advise the Board with respect to its
duties under this title, that shall consist of 15 members
appointed--
``(A) in the case of the initial such members of the
Advisory Board, by the leaders of the Senate and House of
Representatives making the appointments under paragraph (1),
from recommendations received from organizations and entities
involved in the arts such as businesses, civic and cultural
organizations, and the Arts Education Partnership steering
committee; and
``(B) in the case of any other such members of the Advisory
Board, by the Board.
``(3) Special rule for advisory board.--In making
appointments to the Advisory Board, the individuals and
entity making the appointments under paragraph (2) shall
consider recommendations submitted by any interested party,
including any member of the Board.
``(4) Interest.--
``(A) In general.--Members of Congress appointed to the
Board shall have an interest in 1 of the purposes described
in section 205(a).
``(B) Diversity.--The membership of the Advisory Board
shall represent a balance of artistic and education
professionals, including at least 1 representative who
teaches in each of the following disciplines:
``(i) Music.
``(ii) Theater.
``(iii) Visual Arts.
``(iv) Dance.
``(b) Terms.--
``(1) Board.--Members of the Board shall serve for terms of
6 years, except that of the members first appointed--
``(A) 1 Member of the House of Representatives and 1 Member
of the Senate shall serve for terms of 2 years;
``(B) 1 Member of the House of Representatives and 1 Member
of the Senate shall serve for terms of 4 years; and
``(C) 2 Members of the House of Representatives and 2
Members of the Senate shall serve for terms of 6 years,

as determined by lot when all such members have been
appointed.
``(2) Advisory board.--Members of the Advisory Board shall
serve for terms of 6 years, except that of the members first
appointed, 3 shall serve for terms of 2 years, 4 shall serve
for terms of 4 years, and 8 shall serve for terms of 6 years,
as determined by lot when all such members have been
appointed.
``(c) Vacancy.--
``(1) In general.--Any vacancy in the membership of the
Board or Advisory Board shall be filled in the same manner in
which the original appointment was made.
``(2) Term.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of such term.
``(3) Extension.--Any appointed member of the Board or
Advisory Board may continue

[[Page H11685]]

to serve after the expiration of the member's term until the
member's successor has taken office.
``(4) Special rule.--Vacancies in the membership of the
Board shall not affect the Board's power to function if there
remain sufficient members of the Board to constitute a quorum
under subsection (d).
``(d) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(e) Compensation.--Members of the Board and Advisory
Board shall serve without pay but may be compensated, from
amounts in the trust fund, for reasonable travel expenses
incurred by the members in the performance of their duties as
members of the Board.
``(f) Meetings.--The Board shall meet annually at the call
of the Chairperson and at such other times as the Chairperson
may determine to be appropriate. The Chairperson shall call a
meeting of the Board whenever \1/3\ of the members of the
Board submit written requests for such a meeting.
``(g) Officers.--The Chairperson and the Vice Chairperson
of the Board shall be elected from among the members of the
Board, by a majority vote of the members of the Board, for
such terms as the Board determines. The Vice Chairperson
shall perform the duties of the Chairperson in the absence of
the Chairperson.
``(h) Committees.--
``(1) In general.--The Board may appoint such committees,
and assign to the committees such functions, as may be
appropriate to assist the Board in carrying out its duties
under this title. Members of such committees may include the
members of the Board or the Advisory Board.
``(2) Special rule.--Any employee or officer of the Federal
Government may serve as a member of a committee created by
the Board, but may not receive compensation for services
performed for such a committee.
``(i) Bylaws and Other Requirements.--The Board shall
establish such bylaws and other requirements as may be
appropriate to enable the Board to carry out the Board's
duties under this title.

``SEC. 207. ADMINISTRATION.

``(a) In General.--In the administration of the
Congressional Recognition for Excellence in Arts Education
Awards Program, the Board shall be assisted by a Director,
who shall be the principal executive of the program and who
shall supervise the affairs of the Board. The Director shall
be appointed by a majority vote of the Board.
``(b) Director's Responsibilities.--The Director shall, in
consultation with the Board--
``(1) formulate programs to carry out the policies of the
Congressional Recognition for Excellence in Arts Education
Awards Program;
``(2) establish such divisions within the Congressional
Recognition for Excellence in Arts Education Awards Program
as may be appropriate; and
``(3) employ and provide for the compensation of such
personnel as may be necessary to carry out the Congressional
Recognition for Excellence in Arts Education Awards Program,
subject to such policies as the Board shall prescribe under
its bylaws.
``(c) Application.--Each school or student desiring an
award under this title shall submit an application to the
Board at such time, in such manner and accompanied by such
information as the Board may require.

``SEC. 208. LIMITATIONS.

``(a) In General.--Subject to such limitations as may be
provided for under this section, the Board may take such
actions and make such expenditures as may be necessary to
carry out the Congressional Recognition for Excellence in
Arts Education Awards Program, except that the Board shall
carry out its functions and make expenditures with only such
resources as are available to the Board from the
Congressional Recognition for Excellence in Arts Education
Awards Trust Fund under section 211.
``(b) Contracts.--The Board may enter into such contracts
as may be appropriate to carry out the business of the Board,
but the Board may not enter into any contract which will
obligate the Board to expend an amount greater than the
amount available to the Board for the purpose of such
contract during the fiscal year in which the expenditure is
made.
``(c) Gifts.--The Board may seek and accept, from sources
other than the Federal Government, funds and other resources
to carry out the Board's activities. The Board may not accept
any funds or other resources that are--
``(1) donated with a restriction on their use unless such
restriction merely provides that such funds or other
resources be used in furtherance of the Congressional
Recognition for Excellence in Arts Education Awards Program;
or
``(2) donated subject to the condition that the identity of
the donor of the funds or resources shall remain anonymous.
``(d) Volunteers.--The Board may accept and utilize the
services of voluntary, uncompensated personnel.
``(e) Real or Personal Property.--The Board may lease (or
otherwise hold), acquire, or dispose of real or personal
property necessary for, or relating to, the duties of the
Board.
``(f) Prohibitions.--The Board shall have no power--
``(1) to issue bonds, notes, debentures, or other similar
obligations creating long-term indebtedness;
``(2) to issue any share of stock or to declare or pay any
dividends; or
``(3) to provide for any part of the income or assets of
the Board to inure to the benefit of any director, officer,
or employee of the Board except as reasonable compensation
for services or reimbursement for expenses.

``SEC. 209. AUDITS.

``The financial records of the Board may be audited by the
Comptroller General of the United States at such times as the
Comptroller General may determine to be appropriate. The
Comptroller General, or any duly authorized representative of
the Comptroller General, shall have access for the purpose of
audit to any books, documents, papers, and records of the
Board (or any agent of the Board) which, in the opinion of
the Comptroller General, may be pertinent to the
Congressional Recognition for Excellence in Arts Education
Awards Program.

``SEC. 210. TERMINATION.

``The Board shall terminate 6 years after the date of
enactment of this title. The Board shall set forth, in its
bylaws, the procedures for dissolution to be followed by the
Board.

``SEC. 211. TRUST FUND.

``(a) Establishment of Fund.--There shall be established in
the Treasury of the United States a trust fund which shall be
known as the ``Congressional Recognition for Excellence in
Arts Education Awards Trust Fund''. The fund shall be
administered by the Board, and shall consist of amounts
donated to the Board under section 208(c) and amounts
credited to the fund under subsection (d).
``(b) Investment.--
``(1) In general.--It shall be the duty of the Secretary of
the Treasury to invest, at the direction of the Director of
the Board, such portion of the fund that is not, in the
judgment of the Director of the Board, required to meet the
current needs of the fund.
``(2) Authorized investments.--Such investments shall be in
public debt obligations with maturities suitable to the needs
of the fund, as determined by the Director of the Board.
Investments in public debt obligations shall bear interest at
rates determined by the Secretary of the Treasury taking into
consideration the current market yield on outstanding
marketable obligations of the United States of comparable
maturity.
``(c) Authority To Sell Obligations.--Any obligation
acquired by the fund may be sold by the Secretary of the
Treasury at the market price.
``(d) Proceeds From Certain Transactions Credited to
Fund.--The interest on, and the proceeds from the sale or
redemption of, any obligations held in the fund shall be
credited to and form a part of the fund.''.
(b) Conforming Amendments.--The Congressional Award Act (2
U.S.C. 801-808) is amended--
(1) by inserting after section 1 the following:

``TITLE I--CONGRESSIONAL AWARD PROGRAM'',

(2) by redesignating sections 2 through 9 as sections 101
through 108, respectively,
(3) in section 101 (as so redesignated)--
(A) by striking ``Act'' and inserting ``title'', and
(B) by striking ``section 3'' and inserting ``section
102'',
(4) in section 102(e) (as so redesignated)--
(A) by striking ``section 5(g)(1)'' and inserting ``section
104(g)(1)'', and
(B) by striking ``section 7(g)(1)'' and inserting ``section
106(g)(1)'', and
(5) in section 103(i), by striking ``section 7'' and
inserting ``section 106''.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. McKeon) and the gentleman from Michigan (Mr. Kildee)
each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. McKeon).

General Leave

Mr. McKEON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on S. 2789.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. McKEON. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of S. 2789, a bill to establish
the Congressional Recognition for Excellence in Arts, or ``Create,''
awards.
Mr. Speaker, S. 2789 passed the Senate on Saturday by unanimous
consent. The Senate bill, S. 2789, establishes awards for schools that
include the arts in their regular curriculum and is identical to a bill
I introduced, H.R. 5554.
Many studies have shown that there is a strong relationship between
arts education to brain development, student achievement, career
potential, and other quality-of-life issues.
For example, arts activity has been shown to lower the likelihood of
delinquent behavior. The National Dropout Prevention Center reported
that school arts classes and activities encourage attendance and
achievement of at-risk high school students.

[[Page H11686]]

S. 2789 establishes within the current Congressional Award Act a
Congressional Recognition for Excellence in Arts and Education awards
board, made up of nine members, four members from the House of
Representatives, and four from the Senate, plus the director of the
board who shall serve as a nonvoting member.
Additionally, an advisory board shall be established to assist and
advise the congressional board with respect to its duties and shall
consist of 15 members from among recommendations received from outside
arts organizations.
Membership on the advisory board shall represent a balance of
artistic and education professionals and must include at least one
representative who teaches in each of the four disciplines of music,
theater, visual arts, and dance.
By recognizing the importance of arts instruction and granting them
an award from this body, it is our hope that arts classes in schools
will be as common as English or math.
Finally, I am pleased that Senator Cochran worked with me on
strengthening the role of arts educators on the advisory board. Their
strong participation is vital for this program.
In conclusion, I urge my colleagues to join the other body and
support this important piece of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
First of all, it is great to be defending a bill with the gentleman
from California (Mr. McKeon), my good friend, as we did 2 years ago
with the higher education bill. It is a pleasure to be working with
him. He is one who I number among my friends.
Mr. Speaker, I rise in support of S. 2789, the Congressional
Recognition for Excellence in Arts Education Act. This legislation was
introduced by Senator Cochran and passed the Senate on October 27 by
unanimous consent. This bill amends the Congressional Award Act, which
is authorized until fiscal year 2005, to establish a board towards
schools and students for excellence in the arts and in arts education.
The legislation would also set up a trust fund and allow board
members to seek and accept from sources other than the Federal
Government funds to carry out activities for the award program. This
would be done at little, if any, direct expense to the taxpayers.
This bill supports arts education for our most important population,
our children. Studies have shown that arts education stimulates,
develops, and refines many cognitive and creative skills in children
and young adults. Emphasizing high-quality art and art curriculum
through this award will further these worthwhile objectives.
Mr. Speaker, I urge Members to support this legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. McKEON. Mr. Speaker, I want to thank the gentleman from Michigan
(Mr. Kildee), my good friend, and tell him that I also appreciate the
opportunity of working together on this bill with him.
Mr. Speaker, I have no more speakers; but I do have some thanks I
would like to give at this time, to Karen Weiss, my legislative
director; Jo Marie St. Martin, our legal counsel; Rich Stombres with
the majority staff; Alex Nock with the minority staff; and Kirk Boyle
with the majority leader's office, for their great help in bringing
this bill to this point.
Mr. GILMAN. Mr. Speaker, I rise today in support of S. 2789, the
Congressional Recognition for Excellence in Arts Education Act and I
commend the House Speaker, the gentleman from California, Mr. McKeon.
Over the past 30 years, our quality of life has been improved by the
arts. Support for the arts illustrates our Nation's commitment to
freedom of expression, one of the basic principles on which our Nation
is founded.
We must understand and appreciate the importance of the arts on our
Nation's children. Whether it is music or drama or dance, children are
drawn to the arts. By giving children something to be proud of and
passionate about, they can make good choices and avoid following the
crowd down dark paths.
S. 2789 establishes the sense of Congress that arts literacy is a
fundamental purpose of schooling for all students. 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.
As chairman of the International Relations Committee, I recognize the
importance of the arts on an international level, as they help foster a
common appreciation of history and culture that are so essential to our
humanity.
Accordingly, I urge all my colleagues to support this measure, to
recognize the importance of arts literacy in our Nation's schools.
Mr. McKEON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McKeon) that the House suspend the rules
and pass the Senate bill, S. 2789.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.

____________________