-CITE-

2 USC CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

.

-HEAD-

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

-MISC1-

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

Sec.

801. Establishment, etc., of Congressional Award Board.

802. Program.

(a) Establishment, functions, and purposes; nature of

awards.

(b) Implementation requirements for Board.

(c) Presentation of awards.

(d) Scholarships for recipients of Congressional

Award Gold, Silver, and Bronze Medals.

(e) Omitted.

(f) Congressional Award Program medals.

803. Board organization.

(a) Membership; composition; appointment criteria;

derivation of appointment.

(b) Terms of appointed members; reappointment.

(c) Vacancies in membership.

(d) Notice; quorum.

(e) Compensation for travel expenses of members.

(f) Meetings.

(g) Chairman and Vice Chairman.

(h) Appointment, functions, etc., of committees;

membership.

(i) Bylaws and regulations; contents; transmittal to

Congress.

(j) Removal from Board.

804. Administration.

(a) Director; status; appointment and term; removal.

(b) Functions of Director.

(c) Requirements regarding financial operations;

noncompliance with requirements.

805. Regional award directors of program; appointment criteria.

806. Powers, functions, and limitations.

(a) General operating and expenditure authority.

(b) Mandatory functions.

(c) Statewide Congressional Award Councils;

establishment, purposes, duties, etc.

(d) Contracting authority.

(e) Obtaining and acceptance of non-Federal funds and

resources; indirect resources.

(f) Acceptance and utilization of services of

voluntary, uncompensated personnel.

(g) Lease, etc., of real or personal property.

(h) Fiscal authority.

(i) Establishment, functions, etc., of private

nonprofit corporation; articles of

incorporation of corporation; compensation,

etc., for director, officer, or employee of

corporation.

807. Audits and evaluation.

(a) Annual audits by Comptroller General; access to

books, documents, papers, and records.

(b) Annual report to Congress on audit results.

808. Termination.

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

811. Findings.

812. Definitions.

813. Establishment of Board.

814. Board duties.

(a) Awards program established.

(b) Duties.

(c) Presentation.

(d) Date of announcement.

(e) Report.

815. Composition of Board; Advisory Board.

(a) Composition.

(b) Terms.

(c) Vacancy.

(d) Quorum.

(e) Compensation.

(f) Meetings.

(g) Officers.

(h) Committees.

(i) Bylaws and other requirements.

816. Administration.

(a) In general.

(b) Director's responsibilities.

(c) Application.

817. Limitations.

(a) In general.

(b) Contracts.

(c) Gifts.

(d) Volunteers.

(e) Real or personal property.

(f) Prohibitions.

817a. Audits.

817b. Termination.

817c. Trust fund.

(a) Establishment of fund.

(b) Investment.

(c) Authority to sell obligations.

(d) Proceeds from certain transactions credited to

fund.

-CITE-

2 USC SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

.

-HEAD-

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-CITE-

2 USC Sec. 801 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 801. Establishment, etc., of Congressional Award Board

-STATUTE-

There is established a board to be known as the Congressional

Award Board (hereinafter in this subchapter referred to as the

''Board''), which shall be responsible for administering the

Congressional Award Program described under section 802 of this

title. The Board shall not be an agency or instrumentality of the

United States, and the United States is not liable for any

obligation or liability incurred by the Board.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 101, formerly Sec. 2, Nov. 16, 1979,

93 Stat. 851; renumbered title I, Sec. 101, and amended Pub. L.

106-533, Sec. 1(b)(1)-(3), Nov. 22, 2000, 114 Stat. 2553.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-533, Sec. 1(b)(3)(A), substituted

''subchapter'' for ''chapter''.

Pub. L. 106-533, Sec. 1(b)(3)(B), made technical amendment to

reference in original act which appears in text as reference to

section 802 of this title.

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-457, Sec. 1, Oct. 23, 1992, 106 Stat. 2265, provided

that: ''This Act (amending sections 804 and 808 of this title) may

be cited as the 'Congressional Award Act Amendments of 1992'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-525, Sec. 1, Nov. 6, 1990, 104 Stat. 2305, provided

that: ''This Act (amending sections 802, 803, and 806 to 808 of

this title and enacting provisions set out as a note under section

808 of this title) may be cited as the 'Congressional Award

Amendments of 1990'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-674, Sec. 1, Nov. 17, 1988, 102 Stat. 3996, provided

that: ''This Act (amending sections 802, 803, and 806 to 808 of

this title and enacting provisions set out as a note under section

803 of this title) may be cited as the 'Congressional Award Act

Amendments of 1988'.''

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-161, Sec. 1, Nov. 25, 1985, 99 Stat. 934, provided

that: ''This Act (amending sections 802, 803, and 806 to 808 of

this title and repealing provisions set out as a note under section

803 of this title) may be cited as the 'Congressional Award

Amendments of 1985'.''

SHORT TITLE

Pub. L. 96-114, title II, Sec. 201, as added by Pub. L. 106-533,

Sec. 1(a), Nov. 22, 2000, 114 Stat. 2545, provided that: ''This

title (enacting subchapter II of this chapter) may be cited as the

'Congressional Recognition for Excellence in Arts Education Act'.''

Section 1 of Pub. L. 96-114 provided that: ''This Act (enacting

this chapter) may be cited as the 'Congressional Award Act'.''

-CITE-

2 USC Sec. 802 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 802. Program

-STATUTE-

(a) Establishment, functions, and purposes; nature of awards

The Board shall establish and administer a program to be known as

the Congressional Award Program, which shall be designed to promote

initiative, achievement, and excellence among youths in the areas

of public service, personal development, and physical and

expedition fitness. Under the program medals shall be awarded to

young people within the United States, aged fourteen through

twenty-three (subject to such exceptions as the Board may

prescribe), who have satisfied the standards of achievement

established by the Board under subsection (b) of this section.

Each medal shall consist of gold-plate over bronze, rhodium over

bronze, or bronze and shall be struck in accordance with subsection

(f) of this section.

(b) Implementation requirements for Board

In carrying out the Congressional Award Program, the Board shall

-

(1) establish the standards of achievement required for young

people to qualify as recipients of the medals and establish such

procedures as may be required to verify that individuals satisfy

such qualifications;

(2) designate the recipients of the medals in accordance with

the standards established under paragraph (1) of this subsection;

(3) delineate such roles as the Board considers to be

appropriate for the Director and Regional Directors in

administering the Congressional Award, and set forth in the

bylaws of the Board the duties, salaries, and benefits of the

Director and Regional Directors;

(4) raise funds for the operation of the program; and

(5) take such other actions as may be appropriate for the

administration of the Congressional Award Program.

No salary established by the Board under paragraph (3) shall exceed

$75,000 per annum, except that for calendar years after 1986, such

limit shall be increased in proportion to increases in the Consumer

Price Index.

(c) Presentation of awards

The Board shall arrange for the presentation of the awards to the

recipients and shall provide for participation by Members of

Congress in such presentation, when appropriate. To the extent

possible, recipients shall be provided with opportunities to

exchange information and views with Members of Congress during the

presentation of the awards.

(d) Scholarships for recipients of Congressional Award Gold,

Silver, and Bronze Medals

The Board may award scholarships in such amounts as the Board

determines to be appropriate to any recipient of the Congressional

Award Gold, Silver, and Bronze Medals.

(e) Omitted

(f) Congressional Award Program medals

(1) Design and striking

The Secretary of the Treasury shall strike the medals described

in subsection (a) of this section and awarded by the Board under

this chapter. Subject to subsection (a) of this section, the

medals shall be of such quantity, design, and specifications as

the Secretary of the Treasury may determine, after consultation

with the Board.

(2) National medals

The medals struck pursuant to this chapter are National medals

for purposes of chapter 51 of title 31.

(3) Authorization of appropriations

There are authorized to be charged against the Numismatic

Public Enterprise Fund such amounts as may be necessary to pay

for the cost of the medals struck pursuant to this chapter.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 102, formerly Sec. 3, Nov. 16, 1979,

93 Stat. 851; Pub. L. 99-161, Sec. 4(a)-(c), Nov. 25, 1985, 99

Stat. 934; Pub. L. 100-674, Sec. 2(a), Nov. 17, 1988, 102 Stat.

3996; Pub. L. 101-525, Sec. 3, Nov. 6, 1990, 104 Stat. 2305; Pub.

L. 103-329, title VI, Sec. 637, Sept. 30, 1994, 108 Stat. 2431;

Pub. L. 106-63, Sec. 1(a), Oct. 1, 1999, 113 Stat. 510; renumbered

title I, Sec. 102, and amended Pub. L. 106-533, Sec. 1(b)(1), (2),

(4), Nov. 22, 2000, 114 Stat. 2553.)

-COD-

CODIFICATION

Subsection (e), which required the Board to submit an annual

report to Congress on the activities of the Congressional Award

Program, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, page 199 of House

Document No. 103-7.

-MISC3-

AMENDMENTS

2000 - Subsec. (e)(3). Pub. L. 106-533, Sec. 1(b)(4)(A), which

directed technical amendment to reference in original act which

would have appeared in text as reference to section 804(g)(1) of

this title could not be executed because that reference did not

appear in the original. See Codification note above.

Subsec. (e)(4). Pub. L. 106-533, Sec. 1(b)(4)(B), made technical

amendment to reference in original act which appears in text as

reference to section 806 of this title. See Codification note

above.

1999 - Subsec. (e). Pub. L. 106-63 substituted ''June 1'' for

''April 1'' in introductory provisions.

1994 - Subsec. (a). Pub. L. 103-329, Sec. 637(1), struck out

''gold, silver, and bronze'' after ''Under the program'' and

substituted last sentence for former last sentence which read as

follows: ''The medals shall be of such design and materials as the

Board may determine.''

Subsec. (f). Pub. L. 103-329, Sec. 637(2), added subsec. (f).

1990 - Subsec. (e). Pub. L. 101-525 substituted ''April 1'' for

''March 1''.

1988 - Subsec. (e)(6) to (8). Pub. L. 100-674 added pars. (6) and

(7) and redesignated former par. (6) as (8).

1985 - Subsec. (b). Pub. L. 99-161, Sec. 4(a), inserted provision

limiting salaries established by Board under par. (3) to $75,000

per annum, such limit after 1986 being increased in proportion to

Consumer Price Index.

Subsec. (d). Pub. L. 99-161, Sec. 4(b), inserted reference to

Silver and Bronze Medals.

Subsec. (e)(4). Pub. L. 99-161, Sec. 4(c), inserted ''for each

member, officer, employee, and consultant of the Board (or of the

Corporation established pursuant to section 806(g)(1) of this

title)''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 801 of this title.

-CITE-

2 USC Sec. 803 01/06/03

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TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 803. Board organization

-STATUTE-

(a) Membership; composition; appointment criteria; derivation of

appointment

(1) The Board shall consist of 25 members, as follows:

(A) Six members appointed by the majority leader of the Senate,

1 of whom shall be a recipient of the Congressional Award.

(B) Six members appointed by the minority leader of the Senate,

1 of whom shall be a a (FOOTNOTE 1) local Congressional Award

program volunteer.

(FOOTNOTE 1) So in original.

(C) Six members appointed by the Speaker of the House of

Representatives, 1 of whom shall be a a (FOOTNOTE 1) local

Congressional Award program volunteer.

(D) Six members appointed by the minority leader of the House

of Representatives, 1 of whom shall be a recipient of the

Congressional Award.

(E) The Director of the Board, who shall serve as a nonvoting

member.

(2) In making appointments to the Board, the congressional

leadership shall consider recommendations submitted by any

interested party, including any member of the Board. One of the

members appointed under each of subparagraphs (A) through (D) of

paragraph (1) shall be a member of the Congress.

(3) Individuals appointed to the Board shall have an interest in

one or more of the fields of concern of the Congressional Award

Program.

(4) For the purpose of determining the derivation of the

appointment of any person appointed to the Board under this

section, if there is a change in the status of majority and

minority between the parties of the House or the Senate, each

person appointed under this section shall be deemed to have been

appointed by the leadership position set out in subsection (a)(1)

of this section of the party of the individual who made the initial

appointment of such person.

(b) Terms of appointed members; reappointment

(1) Appointed members of the Board shall continue to serve at the

pleasure of the officer by whom they are appointed, and (unless

reappointed under paragraph (3)) shall serve for a term of 4 years.

(2) For the purpose of adjusting the terms of Board members to

allow for staggered appointments, the following distribution of

Board terms shall take effect at the first meeting of the Board

occurring after November 6, 1990:

(A) Those members who have served 10 years or more, as of the

date of such meeting, shall have an appointment expiring on a

date 2 years from October 1, 1990.

(B) Those members who have served for 6 months or less, as of

the date of such meeting, shall have an appointment expiring on a

date 6 years from October 11, 1990.

(C) All other members shall apportion the remaining Board

positions between equal numbers of 2 and 4 year terms (providing

that if there are an unequal number of remaining members, there

shall be a predominance of 4 year terms), such apportionment to

be made by lot.

(3)(A) Subject to the limitations in subparagraphs (B) and (C) of

this paragraph, members of the Board may be reappointed, provided

that no member may serve more than 2 consecutive terms.

(B) Members of the Board covered under paragraph (2)(A) of this

section (FOOTNOTE 2) shall not be eligible for reappointment to the

Board. Members of the Board covered under subparagraphs (B) and (C)

of paragraph (2) of this section (FOOTNOTE 2) may be reappointed

for 1 additional consecutive 4 year term.

(FOOTNOTE 2) So in original. Probably should be ''subsection''.

(C) Members of the Board who serve as chairman of the Board shall

not have the time during which they serve as chairman used in the

computation of their period of service for purposes of this

paragraph and paragraph (2).

(c) Vacancies in membership

(1) Any vacancy in the Board shall be filled in the same manner

in which the original appointment was made.

(2) Any appointed member of the Board may continue to serve after

the expiration of his term until his successor has taken office.

(3) Vacancies in the membership of the Board shall not affect its

power to function if there remain sufficient members to constitute

a quorum under subsection (d) of this section.

(d) Notice; quorum

(1) A meeting of the Board may be convened only if -

(A) notice of the meeting was provided to each member in

accordance with the bylaws; and

(B) not less than 11 members are present for the meeting at the

time given in the notice.

(2) A majority of the members present when a meeting is convened

shall constitute a quorum for the remainder of the meeting.

(e) Compensation for travel expenses of members

Members of the Board shall serve without pay but may be

compensated for reasonable travel expenses incurred by them in the

performance of their duties as members of the Board.

(f) Meetings

The Board shall meet at least twice a year at the call of the

Chairman (with at least one meeting in the District of Columbia)

and at such other times as the Chairman may determine to be

appropriate. The Chairman shall call a meeting of the Board

whenever one-third of the members of the Board submit written

requests for such a meeting.

(g) Chairman and Vice Chairman

The Chairman and the Vice Chairman of the Board shall be elected

from among the members of the Board by a majority vote of the Board

for such terms as the Board determines. The Vice Chairman shall

perform the duties of the Chairman in his absence.

(h) Appointment, functions, etc., of committees; membership

(1) 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 chapter. Members of

such committees may include the members of the Board or such other

qualified individuals as the Board may select.

(2) 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 regulations; contents; transmittal to Congress

The Board shall establish such bylaws and other regulations as

may be appropriate to enable the Board to carry out its functions

under this chapter. Such bylaws and other regulations shall

include provisions to prevent any conflict of interest, or the

appearance of any conflict of interest, in the procurement and

employment actions taken by the Board or by any officer or employee

of the Board. Such bylaws shall include appropriate fiscal control,

funds accountability, and operating principles to ensure compliance

with the provisions of section 806 of this title. A copy of such

bylaws shall be transmitted to each House of Congress not later

than 90 days after November 25, 1985, and not later than 10 days

after any subsequent amendment or revision of such bylaws.

(j) Removal from Board

Any member of the Board who fails to attend 4 consecutive Board

meetings scheduled pursuant to the bylaws of the Board and for

which proper notice has been given under such bylaws, or to send a

designee of such member (approved in advance by the Board under

provisions of its bylaws), is, by operation of this subsection,

removed, for cause, from the Board as of the date of the last

meeting from which they are absent. The Chairman of the Board

shall take such steps as are necessary to inform members who have 3

absences of this subsection. The Chairman shall notify the House

and the Senate, including the appropriate committees of each body,

whenever there is a vacancy created by the operation of this

subsection.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 103, formerly Sec. 4, Nov. 16, 1979,

93 Stat. 852; Pub. L. 98-33, Sec. 1, May 25, 1983, 97 Stat. 194;

Pub. L. 99-161, Sec. 2, 4(d), (e), Nov. 25, 1985, 99 Stat. 934,

935; Pub. L. 100-674, Sec. 2(b), Nov. 17, 1988, 102 Stat. 3996;

Pub. L. 101-525, Sec. 4-6, Nov. 6, 1990, 104 Stat. 2305, 2306; Pub.

L. 106-63, Sec. 1(b), Oct. 1, 1999, 113 Stat. 510; renumbered title

I, Sec. 103, and amended Pub. L. 106-533, Sec. 1(b)(1), (2), (5),

Nov. 22, 2000, 114 Stat. 2553, 2554.)

-MISC1-

AMENDMENTS

2000 - Subsec. (i). Pub. L. 106-533, Sec. 1(b)(5), made technical

amendment to reference in original act which appears in text as

reference to section 806 of this title.

1999 - Subsec. (a)(1)(A). Pub. L. 106-63, Sec. 1(b)(1),

substituted ''recipient of the Congressional Award'' for ''member

of the Congressional Award Association''.

Subsec. (a)(1)(B), (C). Pub. L. 106-63, Sec. 1(b)(2), substituted

''a local Congressional Award program volunteer'' for

''representative of a local Congressional Award Council''.

Subsec. (a)(1)(D). Pub. L. 106-63, Sec. 1(b)(1), substituted

''recipient of the Congressional Award'' for ''member of the

Congressional Award Association''.

1990 - Subsec. (a)(4). Pub. L. 101-525, Sec. 4, added par. (4).

Subsec. (b). Pub. L. 101-525, Sec. 5, designated existing

provision as par. (1) and substituted ''and (unless reappointed

under paragraph (3)) shall serve for a term of 4 years'' for ''but

(unless reappointed) shall not serve for more than four years'',

and added pars. (2) and (3).

Subsec. (j). Pub. L. 101-525, Sec. 6, added subsec. (j).

1988 - Subsec. (a)(1). Pub. L. 100-674, Sec. 2(b)(1), in

introductory provisions, substituted ''25'' for ''thirty-three'',

in subpars. (A) to (D), substituted ''Six members'' for ''Eight

members'', in subpars. (A) and (D), inserted '', 1 of whom shall be

a member of the Congressional Award Association'', and in subpars.

(B) and (C), inserted '', 1 of whom shall be a representative of a

local Congressional Award Council''.

Subsec. (d). Pub. L. 100-674, Sec. 2(b)(2), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''A

majority of the members of the Board shall constitute a quorum.''

1985 - Subsec. (a)(2). Pub. L. 99-161, Sec. 2(1), inserted ''One

of the members appointed under each of subparagraphs (A) through

(D) of paragraph (1) shall be a member of the Congress.''

Subsec. (b). Pub. L. 99-161, Sec. 2(2), amended subsec. (b)

generally, substituting provisions for continuance of service of

appointed members at pleasure of appointing officer, but unless

reappointed, for not more than four years, for provisions limiting

term of service to six years with exceptions for first appointed

members and individuals appointed to Board after March 31, 1983,

whose terms were limited.

Subsec. (c)(2) to (4). Pub. L. 99-161, Sec. 2(3), struck out par.

(2) limiting term of service of any member appointed to fill out an

unexpired term to remainder of that term and redesignated pars. (3)

and (4) as (2) and (3), respectively.

Subsec. (f). Pub. L. 99-161, Sec. 4(d), substituted ''meet at

least twice a year at the call of the Chairman (with at least one

meeting in the District of Columbia)'' for ''meet annually at the

call of the Chairman''.

Subsec. (i). Pub. L. 99-161, Sec. 4(e), inserted requirement that

bylaws and other regulations include provisions preventing conflict

of interest, and include appropriate fiscal control, funds

accountability, etc., to comply with section 806 of this title, and

inserted provisions requiring transmittal of a copy of such bylaws

to each House of Congress within specified periods of time.

1983 - Subsec. (a)(1). Pub. L. 98-33, Sec. 1(a)(1), (2),

substituted ''thirty-three'' for ''seventeen'' in the matter

preceding subpar. (A), and substituted ''Eight'' for ''Four'' in

each of subpars. (A) through (D).

Subsec. (a)(2). Pub. L. 98-33, Sec. 1(a)(3), struck out ''or the

Committee for the Establishment and Promotion of the Congressional

Award'' after ''member of the Board''.

Subsec. (b). Pub. L. 98-33, Sec. 1(b), designated existing

provisions as par. (1); in par. (1), as so designated, redesignated

pars. (1) to (3) as subpars. (A) to (C), respectively, and

substituted ''Except as provided in paragraph (2), appointed'' for

''Appointed''; and added par. (2).

TRANSITION PROVISIONS

Section 3 of Pub. L. 100-674 provided that: ''Not later than 120

days after the date of the enactment of this Act (Nov. 17, 1988),

the congressional leadership shall appoint members to fill

vacancies on the Congressional Award Board in accordance with

section 4(a) of the Congressional Award Act (2 U.S.C. 803(a)) (as

amended by section 2(b)). In filling such vacancies, the

congressional leadership shall first appoint members from the

Congressional Award Association and local Congressional Award

Councils in accordance with section 4(a) of the Congressional Award

Act (as amended by section 2(b)).''

EXCEPTIONAL TERMS FOR CERTAIN BOARD MEMBERS

Section 2 of Pub. L. 98-33, relating to exceptional terms for

certain individuals appointed to the Congressional Award Board, was

repealed by Pub. L. 99-161, Sec. 5, Nov. 25, 1985, 99 Stat. 936.

-CITE-

2 USC Sec. 804 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 804. Administration

-STATUTE-

(a) Director; status; appointment and term; removal

In the administration of the Congressional Award 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, and shall serve for such term as the Board may determine.

The Director may be removed by a majority vote of the Board.

(b) Functions of Director

The Director shall, in consultation with the Board -

(1) formulate programs to carry out the policies of the

Congressional Award Program;

(2) establish such divisions within the Congressional Award

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 Award Program,

subject to such policies as the Board shall prescribe under its

bylaws.

(c) Requirements regarding financial operations; noncompliance with

requirements

(1) The Director shall, in consultation with the Board, ensure

that appropriate procedures for fiscal control and fund accounting

are established for the financial operations of the Congressional

Award Program, and that such operations are administered by

personnel with expertise in accounting and financial management.

Such personnel may be retained under contract. In carrying out

this paragraph, the Director shall ensure that the liabilities of

the Board do not, for any calendar year, exceed the assets of the

Board.

(2)(A) The Comptroller General of the United States shall

determine, for calendar years 1993 (FOOTNOTE 1) 1994, 1995, 1996,

1997, 1998, 1999, 2000, 2001, 2002, 2003, and 2004, whether the

Director has substantially complied with paragraph (1). The

findings made by the Comptroller General under the preceding

sentence shall be included in the first report submitted under

section 807(b) (FOOTNOTE 2) of this title after December 31, 1994.

(FOOTNOTE 1) So in original. Probably should be followed by a

comma.

(FOOTNOTE 2) See References in Text note below.

(B) If the Director fails to substantially comply with paragraph

(1), the Board shall take such actions as may be necessary to

prepare, pursuant to section 808 (FOOTNOTE 2) of this title, for

the orderly cessation of the activities of the Board.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 104, formerly Sec. 5, Nov. 16, 1979,

93 Stat. 853; Pub. L. 102-457, Sec. 2, Oct. 23, 1992, 106 Stat.

2265; Pub. L. 104-208, div. A, title V, Sec. 5401(a), Sept. 30,

1996, 110 Stat. 3009-511; Pub. L. 106-63, Sec. 1(c), Oct. 1, 1999,

113 Stat. 510; renumbered title I, Sec. 104, Pub. L. 106-533, Sec.

1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553.)

-REFTEXT-

REFERENCES IN TEXT

Sections 807(b) and 808 of this title, referred to in subsec.

(c)(2), were in the original references to sections 8(b) and 9

which were renumbered sections 107(b) and 108 by Pub. L. 106-533,

Sec. 1(b)(2), Nov. 22, 2000, 114 Stat. 2553.

-MISC2-

AMENDMENTS

1999 - Subsec. (c)(2)(A). Pub. L. 106-63 substituted ''1998,

1999, 2000, 2001, 2002, 2003, and 2004'' for ''and 1998''.

1996 - Subsec. (c)(2)(A). Pub. L. 104-208 substituted ''1994,

1995, 1996, 1997, and 1998'' for ''and 1994''.

1992 - Subsec. (c). Pub. L. 102-457 added subsec. (c).

-CITE-

2 USC Sec. 805 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 805. Regional award directors of program; appointment criteria

-STATUTE-

Regional award directors may be appointed by the Board, upon

recommendation of the Director, for any State or other appropriate

geographic area of the United States. The Director shall make such

recommendations with respect to a State or geographic area only

after soliciting recommendations regarding such appointments from

public and private youth organizations within such State or

geographic area.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 105, formerly Sec. 6, Nov. 16, 1979,

93 Stat. 853; renumbered title I, Sec. 105, Pub. L. 106-533, Sec.

1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553.)

-CITE-

2 USC Sec. 806 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 806. Powers, functions, and limitations

-STATUTE-

(a) General operating and expenditure authority

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 Award Program,

except that -

(1) the Board shall carry out its functions and make

expenditures with only such resources as are available to the

Board from sources other than the Federal Government; and

(2) the Board shall not take any actions which would disqualify

the Board from treatment (for tax purposes) as an organization

described in section 501(c)(3) of title 26.

(b) Mandatory functions

(1) The Board shall establish such functions and procedures as

may be necessary to carry out the provisions of this chapter.

(2) The functions established by the Board under paragraph (1)

shall include -

(A) communication with local Congressional Award Councils

concerning the Congressional Award Program;

(B) provision, upon the request of any local Congressional

Award Council, of such technical assistance as may be necessary

to assist such council with its responsibilities, including the

provision of medals, the preparation and provision of

applications, guidance on disposition of applications,

arrangements with respect to local award ceremonies, and other

responsibilities of such council;

(C) conduct of outreach activities to establish new local

Congressional Award Councils, particularly in inner-city areas

and rural areas;

(D) in addition to those activities authorized under

subparagraph (C), conduct of outreach activities to encourage,

where appropriate, the establishment and development of Statewide

Congressional Award Councils;

(E) fundraising;

(F) conduct of an annual Gold Medal Awards ceremony in the

District of Columbia;

(G) consideration of implementation of the provisions of this

chapter relating to scholarships; and

(H) carrying out of duties relating to management of the

national office of the Congressional Award Program, including

supervision of office personnel and of the office budget.

(c) Statewide Congressional Award Councils; establishment,

purposes, duties, etc.

(1) In carrying out its functions with respect to Statewide

Congressional Award Councils (hereinafter in this subsection

referred to as Statewide Councils) under subsection (b) of this

section, the Board shall develop guidelines, criteria, and

standards for the formation of Statewide Councils. In order to

create a Statewide Council, Members of Congress and Senators from

each respective State are encouraged to work jointly with the

Board.

(2) The establishment of Statewide Councils is intended to -

(A) facilitate expanded public participation and involvement in

the program; and

(B) promote greater opportunities for involvement by members of

the State congressional delegation.

(3) The duties and responsibilities of each Statewide Council

established pursuant to this section shall include, but not be

limited to, the following:

(A) promoting State and local awareness of the Congressional

Award Program;

(B) review of participant records and activities;

(C) review and verification of information on, and

recommendation of, candidates to the national board for approval;

(D) planning and organization of bronze and silver award

ceremonies;

(E) assisting gold award recipients with travel to and from the

national gold award ceremony; and

(F) designation of a Statewide coordinator to serve as a

liaison between the State and local boards and the national

board.

(4) Each Statewide Council established pursuant to this section

is authorized to receive public monetary and in-kind contributions,

which may be made available to local boards to supplement or defray

operating expenses. The Board shall adopt appropriate financial

management methods in order to ensure the proper accounting of

these funds.

(5) Each Statewide Council established pursuant to this section

shall comply with the standard charter requirements of the national

board of directors.

(d) Contracting authority

The Board may enter into and perform such contracts as may be

appropriate to carry out its business, but the Board may not enter

into any contract which would 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.

(e) Obtaining and acceptance of non-Federal funds and resources;

indirect resources

(1) Subject to the provisions of paragraph (2), the Board may

seek and accept funds and other resources to carry out its

activities. The Board may not accept any funds or other resources

which are -

(A) 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 Award Program or a

specific regional or local program; and

(B) donated subject to the condition that the identity of the

donor of the funds or resources shall remain anonymous.

The Board may permit donors to use the name of the Board or the

name ''Congressional Award Program'' in advertising.

(2) Except as otherwise provided in this chapter, the Board may

not receive any Federal funds or resources. The Board may benefit

from in-kind and indirect resources provided by Offices of Members

of Congress or the Congress. Further, the Board is not prohibited

from receiving indirect benefits from efforts or activities

undertaken in collaboration with entities which receive Federal

funds or resources.

(f) Acceptance and utilization of services of voluntary,

uncompensated personnel

The Board may accept and utilize the services of voluntary,

uncompensated personnel.

(g) Lease, etc., of 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.

(h) Fiscal authority

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.

(i) Establishment, functions, etc., of private nonprofit

corporation; articles of incorporation of corporation;

compensation, etc., for director, officer, or employee of

corporation

(1) The Board shall provide for the establishment of a private

nonprofit corporation for the sole purpose of assisting the Board

to carry out the Congressional Award Program, and shall delegate to

the corporation such duties as it considers appropriate.

(2) The articles of incorporation of the corporation established

under this subsection shall provide that -

(A) the members of the Board of Directors of the corporation

shall be the members of the Board, and the Director of the

corporation shall be the Director of the Board; and

(B) the extent of the authority of the corporation shall be the

same as that of the Board.

(3) No director, officer, or employee of any corporation

established under this subsection may receive compensation, travel

expenses, or benefits from both the corporation and the Board.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 106, formerly Sec. 7, Nov. 16, 1979,

93 Stat. 854; Pub. L. 99-161, Sec. 4(f), Nov. 25, 1985, 99 Stat.

935; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L.

100-674, Sec. 2(c), Nov. 17, 1988, 102 Stat. 3996; Pub. L. 101-525,

Sec. 7, Nov. 6, 1990, 104 Stat. 2306; renumbered title I, Sec. 106,

Pub. L. 106-533, Sec. 1(b)(1), (2), Nov. 22, 2000, 114 Stat. 2553.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-525, Sec. 7(a), which directed

the insertion of ''(a)'' after the section designation, was not

executed in view of existing subsec. (a) designation.

Subsec. (b)(2)(C). Pub. L. 101-525, Sec. 7(b)(1)(A), substituted

''conduct'' for ''conducting'' and struck out ''State and'' after

''new''.

Subsec. (b)(2)(D), (E). Pub. L. 101-525, Sec. 7(b)(1)(B), added

subpar. (D) and redesignated former subpar. (D) as (E). Former

subpar. (E) redesignated (F).

Subsec. (b)(2)(F). Pub. L. 101-525, Sec. 7(b)(1)(B), (C),

redesignated subpar. (E) as (F) and substituted ''conduct'' for

''conducting''. Former subpar. (F) redesignated (G).

Subsec. (b)(2)(G), (H). Pub. L. 101-525, Sec. 7(b)(1)(B),

redesignated subpars. (F) and (G) as (G) and (H), respectively.

Subsecs. (c), (d). Pub. L. 101-525, Sec. 7(b)(2), added subsec.

(c). Former subsecs. (c) and (d) redesignated (d) and (e),

respectively.

Subsec. (e). Pub. L. 101-525, Sec. 7(b)(2), (c), redesignated

subsec. (d) as (e) and amended it generally. Prior to amendment,

subsec. (e) read as follows: ''The Board may seek and accept, from

sources other than the Federal Government, funds and other

resources to carry out its activities. The Board may not accept

any funds or other resources which 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 Award Program; or

''(2) donated subject to the condition that the identity of the

donor of the funds or resources shall remain anonymous.

The Board may permit donors to use the name of the Board or the

name 'Congressional Award Program' in advertising.'' Former subsec.

(e) redesignated (f).

Subsecs. (f) to (i). Pub. L. 101-525, Sec. 7(b)(2), redesignated

subsecs. (e) to (h) as (f) to (i), respectively.

1988 - Pub. L. 100-674, Sec. 2(c)(1), substituted ''Powers,

functions, and limitations'' for ''Powers and limitations of

Board'' in section catchline.

Subsecs. (b) to (h). Pub. L. 100-674, Sec. 2(c)(2), added subsec.

(b) and redesignated former subsecs. (b) to (g) as (c) to (h),

respectively.

1986 - Subsec. (a)(2). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954'', which

for purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1985 - Subsec. (c). Pub. L. 99-161 inserted at end ''The Board

may permit donors to use the name of the Board or the name

'Congressional Award Program' in advertising.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 803, 807 of this title.

-CITE-

2 USC Sec. 807 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 807. Audits and evaluation

-STATUTE-

(a) Annual audits by Comptroller General; access to books,

documents, papers, and records

The financial records of the Board and of any corporation

established under section 806(i) (FOOTNOTE 1) of this title shall

be audited annually by the Comptroller General of the United States

(hereinafter in this section referred to as the ''Comptroller

General''). 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 such corporation (or any agent of the Board or such

corporation) which, in the opinion of the Comptroller General, may

be pertinent to the Congressional Award Program.

(FOOTNOTE 1) See References in Text note below.

(b) Annual report to Congress on audit results

The Comptroller General shall submit to appropriate officers,

committees, and subcommittees of the Congress, by May 15th of each

calendar year, a report on the results of the audit of the

financial records and on any such additional areas as the

Comptroller General determines deserve or require evaluation.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 107, formerly Sec. 8, Nov. 16, 1979,

93 Stat. 855; Pub. L. 99-161, Sec. 4(g), Nov. 25, 1985, 99 Stat.

935; Pub. L. 100-674, Sec. 2(e), Nov. 17, 1988, 102 Stat. 3998;

Pub. L. 101-525, Sec. 8, Nov. 6, 1990, 104 Stat. 2308; renumbered

title I, Sec. 107, Pub. L. 106-533, Sec. 1(b)(1), (2), Nov. 22,

2000, 114 Stat. 2553.)

-REFTEXT-

REFERENCES IN TEXT

Section 806(i) of this title, referred to in subsec. (a), was in

the original a reference to section 7(i) which was renumbered

section 106 by Pub. L. 106-533, Sec. 1(b)(2), Nov. 22, 2000, 114

Stat. 2553.

-MISC2-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-525, Sec. 8(1), substituted

''section 806(i) of this title'' for ''section 806(h) of this

title'' and ''annually'' for ''at least biennially''.

Subsec. (b). Pub. L. 101-525, Sec. 8(2), added subsec. (b) and

struck out former subsec. (b) which required audit to assess

adequacy of fiscal control and funds accountability procedures and

propriety of expenses.

Subsecs. (c), (d). Pub. L. 101-525, Sec. 8(2), struck out subsec.

(c) which required the Comptroller General to include in report on

first audit performed after Nov. 25, 1985, an evaluation of

programs and activities under this chapter and specified contents

of such evaluation, and subsec. (d) which directed that report on

first audit performed after Nov. 25, 1985, was to be submitted on

or before May 15, 1988.

1988 - Subsec. (a). Pub. L. 100-674 substituted ''section

806(h)'' for ''section 806(g)''.

1985 - Pub. L. 99-161, Sec. 4(g)(1), inserted ''and evaluation''

after ''Audits'' in section catchline.

Subsec. (a). Pub. L. 99-161, Sec. 4(g)(2)-(4), designated

existing provisions as subsec. (a), substituted ''shall be audited

at least biennially'' for ''may be audited'', and struck out ''at

such times as the Comptroller General may determine to be

appropriate'' after ''referred to as the 'Comptroller General')''.

Subsecs. (b) to (d). Pub. L. 99-161, Sec. 4(g)(5), added subsecs.

(b) to (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 804 of this title.

-CITE-

2 USC Sec. 808 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER I - CONGRESSIONAL AWARD PROGRAM

-HEAD-

Sec. 808. Termination

-STATUTE-

The Board shall terminate October 1, 2004.

-SOURCE-

(Pub. L. 96-114, title I, Sec. 108, formerly Sec. 9, Nov. 16, 1979,

93 Stat. 855; Pub. L. 99-161, Sec. 3, Nov. 25, 1985, 99 Stat. 934;

Pub. L. 100-674, Sec. 2(d), Nov. 17, 1988, 102 Stat. 3997; Pub. L.

101-525, Sec. 2(a), Nov. 6, 1990, 104 Stat. 2305; Pub. L. 102-457,

Sec. 3, Oct. 23, 1992, 106 Stat. 2266; Pub. L. 104-208, div. A,

title V, Sec. 5401(b), Sept. 30, 1996, 110 Stat. 3009-511; Pub. L.

106-63, Sec. 1(d), Oct. 1, 1999, 113 Stat. 510; renumbered title I,

Sec. 108, Pub. L. 106-533, Sec. 1(b)(1), (2), Nov. 22, 2000, 114

Stat. 2553.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-63 substituted ''October 1, 2004'' for

''October 1, 1999''.

1996 - Pub. L. 104-208 substituted ''1999'' for ''1995''.

1992 - Pub. L. 102-457 substituted ''1995'' for ''1992''.

1990 - Pub. L. 101-525 amended section generally, substituting

present provision for provisions which had: in subsec. (a) directed

that the Board terminate on Nov. 15, 1989; in subsec. (b) provided

for alternative termination dates; in subsec. (c) required reports

to Congress; in subsecs. (d) and (e) required certification of

compliance and verification of information, respectively; and in

subsec. (f) mandated dissolution of corporations established by the

Board prior to its termination.

1988 - Pub. L. 100-674 amended section generally. Prior to

amendment, section read as follows: ''The Board shall terminate on

November 16, 1988. Upon termination of the Board, the Board shall

take such actions as may be required to provide for the dissolution

of any corporation established by the Board under section 806(g) of

this title. The Board shall set forth, in its bylaws, the

procedures for dissolution to be followed by the Board.''

1985 - Pub. L. 99-161 substituted ''on November 16, 1988'' for

''six years after November 16, 1979''.

SAVINGS PROVISION

Section 5401(c) of div. A of Pub. L. 104-208 provided that:

''During the period of October 1, 1995, through the date of the

enactment of this section (Sept. 30, 1996), all actions and

functions of the Congressional Award Board under the Congressional

Award Act (2 U.S.C. 801 et seq.) shall have the same effect as

though no lapse or termination of the Congressional Award Board

ever occurred.''

Section 2(b) of Pub. L. 101-525 provided that: ''During the

period of October 1, 1990, through the date of the enactment of

this section (Nov. 6, 1990), all actions and functions of the

Congressional Award Board under the Congressional Award Act (2

U.S.C. 801 et seq.) shall have the same effect as though no lapse

or termination of the Board ever occurred.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 804 of this title.

-CITE-

2 USC SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR

EXCELLENCE IN ARTS EDUCATION 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

.

-HEAD-

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-CITE-

2 USC Sec. 811 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 811. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 202, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2545.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 814 of this title.

-CITE-

2 USC Sec. 812 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 812. Definitions

-STATUTE-

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); (FOOTNOTE 1) or

(FOOTNOTE 1) See References in Text note below.

(B) a bureau (FOOTNOTE 2) funded school as defined in section

2026 (FOOTNOTE 1) of title 25.

(FOOTNOTE 2) So in original. Probably should be capitalized.

(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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 203, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2546.)

-REFTEXT-

REFERENCES IN TEXT

Section 14101 of the Elementary and Secondary Education Act of

1965, referred to in par. (3)(A), is section 14101 of Pub. L.

89-10, which was classified to section 8801 of Title 20, Education,

prior to repeal by Pub. L. 107-110, title X, Sec. 1011(5)(C), Jan.

8, 2002, 115 Stat. 1986. For provisions relating to definitions,

see section 7801 of Title 20.

Section 2026 of title 25, referred to in par. (3)(B), was omitted

in the general amendment of chapter 22 (Sec. 2000 et seq.) of Title

25, Indians, by Pub. L. 107-110, title X, Sec. 1042, Jan. 8, 2002,

115 Stat. 2007. For definition of ''Bureau-funded school'', see

section 2021 of Title 25.

-CITE-

2 USC Sec. 813 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 813. Establishment of Board

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 204, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2546.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 812 of this title.

-CITE-

2 USC Sec. 814 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 814. Board duties

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 205, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2546.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 811, 813, 815 of this

title.

-CITE-

2 USC Sec. 815 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 815. Composition of Board; Advisory Board

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 206, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2549.)

-MISC1-

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

2 USC Sec. 816 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 816. Administration

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 207, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2551.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 814 of this title.

-CITE-

2 USC Sec. 817 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 817. Limitations

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 208, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2551.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 817c of this title.

-CITE-

2 USC Sec. 817a 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 817a. Audits

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 209, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2552.)

-CITE-

2 USC Sec. 817b 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 817b. Termination

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 210, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2552.)

-CITE-

2 USC Sec. 817c 01/06/03

-EXPCITE-

TITLE 2 - THE CONGRESS

CHAPTER 19 - CONGRESSIONAL AWARD PROGRAM

SUBCHAPTER II - CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS

EDUCATION

-HEAD-

Sec. 817c. Trust fund

-STATUTE-

(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.

-SOURCE-

(Pub. L. 96-114, title II, Sec. 211, as added Pub. L. 106-533, Sec.

1(a), Nov. 22, 2000, 114 Stat. 2552.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 817 of this title.

-CITE-