[Senate Report 111-163]
[From the U.S. Government Publishing Office]
111th Congress Calendar No. 317
2d Session SENATE Report
111-163
_______________________________________________________________________
CONGRESSIONAL AWARD PROGRAM REAUTHORIZATION ACT OF 2009
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 2865
TO REAUTHORIZE THE CONGRESSIONAL AWARD ACT (2 U.S.C. 801 ET SEQ.), AND
FOR OTHER PURPOSES
March 15, 2010.--Ordered to be printed
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware SCOTT BROWN, Massachusetts
MARK L. PRYOR, Arkansas JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana GEORGE V. VOINOVICH, Ohio
CLAIRE McCASKILL, Missouri JOHN ENSIGN, Nevada
JON TESTER, Montana LINDSEY GRAHAM, South Carolina
ROLAND W. BURRIS, Illinois
EDWARD E. KAUFMAN, Delaware
Michael L. Alexander, Staff Director
Kevin J. Landy, Chief Counsel
Nicole M. Martinez, Research Assistant
Brandon L. Milhorn, Minority Staff Director and Chief Counsel
John K. Grant, Minority Counsel
Trina Driessnack Tyrer, Chief Clerk
Calendar No. 317
111th Congress
SENATE
Report
2d Session 111-163
======================================================================
CONGRESSIONAL AWARD PROGRAM REAUTHORIZATION ACT OF 2009
_______
March 15, 2010.--Ordered to be printed
_______
Mr. Lieberman, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 2865]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 2865) to
reauthorize the Congressional Award Act (2 U.S.C. 801 et seq.),
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Estimated Cost of Legislation....................................4
VI. Evaluation of Regulatory Impact..................................4
VII. Changes in Existing Law..........................................5
I. Purpose and Summary
S. 2865 reauthorizes the Congressional Award Program (``the
Program'') through October 1, 2013. Designed to promote
initiative, achievement, and excellence among the youth of
America, the Program arranges for medals to be awarded to young
people who have satisfied specified standards of achievement.
Members of Congress sit on the Board that administers the
program and participate in the presentation of awards.
II. Background
The Congressional Award Act (Public Law 96-114), initially
sponsored by Senator Malcolm Wallop (R-WY) and Representative
James J. Howard (D-NJ), was enacted on November 16, 1979. Under
the Congressional Award Program established by the Act, young
people between the ages of 14 and 23 earn awards by completing
hours of effort in each of four areas of achievement--volunteer
public service, personal development, physical fitness, and
expedition/exploration. The Award is non-competitive, and
participants, with the guidance of adult advisors, establish
their own goals and work to achieve them. Depending on the
number of hours they complete, participants earn Bronze,
Silver, and Gold certificates or Bronze, Silver, and Gold
medals. Members of the House and Senate recognize their
constituents who earn Bronze and Silver medals at in-state
ceremonies, and Gold-medal winners are recognized at an annual
ceremony in the Capitol presided over by House and Senate
leadership. In fiscal year 2009, 2922 participants were
recognized with certificates, and 1640 received medals,
including 267 who earned gold medals.
A 25-member Board administers the Congressional Award
Program. Twenty-four of the members are appointed by
Congressional leadership--six by each of the Majority Leader of
the Senate, the Minority Leader of the Senate, the Speaker of
the House of Representatives, and the Minority Leader of the
House of Representatives. The Director of the Board, appointed
by a majority vote of the Board, is the principal executive of
the Program and sits as a non-voting member of the Board. By
statute, four of the Board members must be Members of Congress.
At present, Senator Max Baucus, Senator Johnny Isakson,
Representative Gus Bilirakis, and Representative Sheila Jackson
Lee are the Members of Congress appointed to the Board.
Pursuant to the Act, the Board incorporated a private,
nonprofit, tax-exempt organization (qualified under section
501(c)(3) of the Internal Revenue Code), called the
Congressional Award Foundation. Financial sponsors of the
Program include business corporations, charitable foundations,
labor unions, and individuals. The Foundation also receives a
small amount of in-kind services from the federal government.
As the patron of the Congressional Award program, the U.S.
Congress provides office space in a House Office Building and
an annual audit by the Government Accountability Office (GAO).
The award medals are designed and struck by the U.S. Mint.\1\
---------------------------------------------------------------------------
\1\In the cost estimate prepared by the Congressional Budget Office
(CBO) for S. 2685, CBO estimated that the Board's use of House Office
Building space and services costs less than $500,000 a year, and the
U.S. Mint's production of Congressional Award medals costs less than
$500,000 a year. These costs are under the threshold below which CBO
does not report more precise estimates. Estimates provided to the
Committee by the U.S. Mint indicate that its costs are under $202,000
annually.
---------------------------------------------------------------------------
The Act has been reauthorized several times since Public
Law 96-114 first established the Board for a 6-year period.
Public Law 99-161, the Congressional Award Amendments of 1985
reauthorized the Board for an additional three years. Public
Law 100-674, the Congressional Award Act Amendments of 1988,
reauthorized the Act for an additional 2 years, contingent upon
the Board complying with newly established reporting
requirements. Public Law 101-525, the Congressional Award
Amendments of 1990, extended the Act for an additional 2-year
period, until October 1, 1992. Public Law 102-457, the
Congressional Award Act Amendments of 1992, extended the Act
for a 3-year period, and Public Law 104-208 extended the Act
for a 4-year period. Public Law 106-63 extended the Act for 5
years, until October 1, 2004. Public Law 109-43 extended the
Act for four years, until October 1, 2009.
The Congressional Award Program has grown substantially in
recent years, with the number of participants increasing from
approximately 20,000 in 2005 to over 27,000 at in 2009. There
are also more than 2,000 adult mentors involved in the program.
By statute, GAO audits the Foundation's financial statements
annually and has issued generally favorable reports. The
Committee believes that the Congressional Award Program
performs a valuable service, at minimal cost to the taxpayer,
encouraging initiative, achievement, public service, and
personal development in the Nation's youth, as well as
providing an opportunity for service for the adult volunteers.
The Committee therefore supports and recommends reauthorization
of the Program.
III. Legislative History
On December 10, 2009, Senator Lieberman and Senator Collins
introduced S. 2865, which was referred to the Committee on
Homeland Security and Governmental Affairs. The Committee
considered the bill on December 16, 2009 and ordered the bill
reported by voice vote without amendment. Members present for
the vote on the bill were Senators Lieberman, Akaka, Carper,
Pryor, McCaskill, Tester, Burris, Kirk, and Collins.
IV. Section-by-Section Analysis
Section 1. This section designates the short title of the
bill as the ``Congressional Award Program Reauthorization Act
of 2009''.
Section 2. This section clarifies the terms of members of
the Board by specifying that new terms of board members shall
begin on October 1. It also requires that the terms of board
members be staggered such that half of the positions expire in
each even numbered year. It also states that if the program is
found to not be in compliance with requirements in the Act
regarding financial operations, as determined by the
Comptroller General, the Board shall instruct the Director to
take such actions as may be necessary to correct such
deficiencies, and shall remove and replace the Director if such
deficiencies are not promptly corrected. This section permits
the Board to apply for Federal grants, and requires that
Statewide Councils comply with certain financial management
methods in order to ensure proper accounting of funds. Section
2 also amends the Congressional Award Act to reauthorize the
program until October 1, 2013. The Section also makes other
technical changes to the structure of the Board. The
Congressional Award Program Reauthorization Act of 2009 is
retroactive to the termination date established by Public Law
109-43, September 30, 2009.
V. Estimated Cost of Legislation
January 13, 2010.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2865, the
Congressional Award Program Reauthorization Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 2865--Congressional Award Program Reauthorization Act of 2009
S. 2865 would reauthorize the Congressional Award Act
through fiscal year 2012 (the act expired on October 1, 2009).
The legislation also would make technical changes to the award
program that would affect the terms of board members and the
program's financial operations, including the ability to apply
for and accept federal grants. The bill would authorize the
creation of a foundation to raise money for the program. The
Congressional Award Program recognizes excellence in public
service and personal development among young people. The
program is overseen by the Congressional Award Board, a
nonprofit organization that receives no direct federal funding.
Under S. 2865, the Congressional Award Board would continue
to receive in-kind services from the federal government,
including office space in the Ford House Office Building and an
annual audit by the Government Accountability Office. CBO
estimates that the board's continued use of such services would
cost less than $500,000 a year in appropriated funds.
In addition, those recognized by the Congressional Award
Program are awarded medals produced by the U.S. Mint. Based on
information from the board and the Mint, CBO estimates that
reauthorizing the program would increase direct spending from
the U.S. Mint Public Enterprise Fund by less than $500,000
annually.
S. 2865 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. The enactment of
this legislation will not have a significant regulatory impact.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic and existing law, in which no
change is proposed, is shown in roman):
UNITED STATES CODE
TITLE 2, THE CONGRESS
CHAPTER 19--CONGRESSIONAL AWARD PROGRAM
Subchapter I--Congressional Award Program
* * * * * * *
SEC. 802. BOARD ORGANIZATION.
(a) * * *
(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] in
connection with the presentation of the awards.
SEC. 803. BOARD ORGANIZATION.
(a) * * *
[(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 subsection shall not be eligible for
reappointment to the Board. Members of the Board
covered under subparagraphs (B) and (C) of paragraph
(2) of this subsection may be reappointed for 1
additional consecutive 4 year term.
[(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).]
(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 (2))
shall serve for a term of 4 years.
(2)(A) Subject to the limitations in subparagraph
(B), members of the Board may be reappointed, except
that no member may serve more than 2 full consecutive
terms. Members may be reappointed to 2 full consecutive
terms after being appointed to fill a vacancy on the
Board.
(B) Members of the Board shall not be subject to the
limitation on reappointment in subparagraph (A) during
their period of service as Chairman of the Board and
may be reappointed to an additional full term after
termination of such Chairmanship.
(3)(A) Notwithstanding paragraph (1) or (2), the term
of each member of the Board shall begin on October 1 of
the even numbered year which would otherwise apply with
one-half of the Board positions having terms which
begin in each even numbered year.
(B) Subparagraph (A) shall apply to appointments made
to the Board on or after the date of enactment of the
Congressional Award Program Reauthorization Act of
2009.
* * * * * * *
SEC. 804. ADMINISTRATION.
(a) * * *
* * * * * * *
(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,] in any fiscal year exceed the
assets of the Board.
[(2)(A) The Comptroller General of the United States
shall determine, for calendar years 1993, 1994, 1995,
1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, and 2009, 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) 1 of this title
after December 31, 1994.
[(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
1 of this title, for the orderly cessation of the
activities of the Board.]
(2)(A) The Comptroller General of the United States
shall determine for each fiscal year 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 reports
submitted under section 107(b).
(B) If the Director fails to substantially comply
with paragraph (1), the Board shall instruct the
Director to take such actions as may be necessary to
correct such deficiencies, and shall remove and replace
the Director if such deficiencies are not promptly
corrected.
* * * * * * *
SEC. 806. POWERS, FUNCTIONS, AND LIMITATIONS.
(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]
(1) the Board shall carry out its functions and make
expenditures with--
(A) such resources as are available to the
Board from sources other than the Federal
Government; and
(B) funds awarded in any grant program
administered by a Federal agency in accordance
with the law establishing that grant program.
(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) * * *
(c) Statewide Congressional Award Councils; Establishment,
Purposes, Duties, etc.--
(1) * * *
* * * * * * *
[(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.]
(4) Each Statewide Council established under this
section may receive contributions, and use such
contributions for the purposes of the Program. The
Board shall adopt appropriate financial management
methods in order to ensure the proper accounting of
these funds. Each Statewide Council shall comply with
subsections (a), (d), (e), and (h) governing the Board.
(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 to be 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 or for
scholarships; 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.
* * * * * * *
[(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.]
(i)(1) The Board shall provide for the incorporation of a
nonprofit corporation to be known as the Congressional Award
Foundation (together with any subsidiary nonprofit corporations
determined desirable by the Board, collectively referred to in
this title as the '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, including the employment of
personnel, expenditure of funds, and the incurrence of
financial or other contractual obligations.
(2) The articles of incorporation of the Congressional
Award Foundation shall provide that--
(A) the members of the Board of Directors of the
Foundation shall be the members of the Board, with up
to 24 additional voting members appointed by the Board,
and the Director who shall serve as a nonvoting member;
and
(B) the extent of the authority of the Foundation
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.
* * * * * * *
SEC. 808. TERMINATION.
The Board shall terminate [October 1, 2009] October 1,
2013.