[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1758 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1758

   To provide for the establishment of a commission to stimulate and 
   engage in an informed, national, and public dialogue about how to 
  ensure that each student in the United States receives an equitable 
   education that enables the student to achieve his or her maximum 
                          academic potential.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2009

   Mr. Honda (for himself, Ms. Hirono, Mr. Grijalva, Mr. Fattah, Mr. 
   Cleaver, and Mr. Space) introduced the following bill; which was 
            referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
   To provide for the establishment of a commission to stimulate and 
   engage in an informed, national, and public dialogue about how to 
  ensure that each student in the United States receives an equitable 
   education that enables the student to achieve his or her maximum 
                          academic potential.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Educational Opportunity and 
Equity Commission Act of 2009''.

SEC. 2. FINDINGS; SENSE OF THE CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) There are vast disparities in the educations provided 
        by schools throughout the United States.
            (2) The educational disparities are reinforced by funding 
        disparities, such as the following:
                    (A) The school district in the United States with 
                the greatest spending per student spends 9.12 times 
                more per student annually than the United States school 
                district with the least spending per student.
                    (B) The school district in California with the 
                greatest spending per student spends 4.24 times more 
                per student annually than the California school 
                district with the least spending per student.
            (3) The schools of the United States do not meet the 
        educational needs of all students, despite the wealth of the 
        Nation.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the people of the United States should engage in an informed, national, 
and public dialogue on how to ensure that each student in the United 
States receives an equitable education that enables the student to 
achieve his or her maximum educational potential.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    There shall be established a commission to be known as the 
``Educational Opportunity and Equity Commission'' (in this Act referred 
to as the ``Commission'').

SEC. 4. DUTIES OF COMMISSION.

    The Commission shall study ways to enable each student attending a 
school in the United States to achieve his or her maximum academic 
potential, with particular emphasis on the following:
            (1) Ensuring that a school receives adequate resources to 
        meet the educational needs of each student in the school.
            (2) The methods available, or that need to be developed, to 
        determine the educational needs of a student.
            (3) Identifying and devising innovative strategies for 
        State and local educational agencies to--
                    (A) enable each student to achieve his or her 
                maximum academic potential; and
                    (B) participate in reforming the methods by which 
                schools are funded, to achieve educational equity.

SEC. 5. MEMBERSHIP OF COMMISSION.

    (a) Number and Appointment.--The Commission shall be composed of 15 
members, as follows:
            (1) The Secretary of Education (in this Act referred to as 
        the ``Secretary'').
            (2) Fourteen individuals appointed by the Secretary, in 
        collaboration with the President of the National Academy of 
        Sciences, in accordance with subsection (b).
    (b) Criteria for Selection.--
            (1) Eligibility.--Within 90 days after funds are first 
        appropriated to carry out this Act, the Secretary shall make 
        the appointments provided for in subsection (a)(2) from among 
        individuals--
                    (A) who submit an application as the Secretary 
                shall require; and
                    (B) who are any of the following:
                            (i) A student.
                            (ii) A parent or guardian of a student.
                            (iii) An individual familiar with special 
                        education.
                            (iv) An officer of a State educational 
                        agency.
                            (v) A teacher.
                            (vi) A principal or school administrator.
                            (vii) A school board member
                            (viii) A businessperson.
                            (ix) A college or university professor of 
                        education.
                            (x) An expert in--
                                    (I) educational equity;
                                    (II) civil rights law;
                                    (III) constitutional law;
                                    (IV) educational policy;
                                    (V) school finance;
                                    (VI) economics;
                                    (VII) taxation;
                                    (VIII) land use or zoning law; or
                                    (IX) any other field the Commission 
                                considers relevant.
                            (xi) An individual with relevant experience 
                        or knowledge.
            (2) Diversity.--In making the appointments, the Secretary 
        shall ensure that the Commission represents the geographical, 
        economic, and cultural diversity of the United States.
            (3) Prohibited appointments.--The Secretary may not appoint 
        to the Commission an individual who is registered as a lobbyist 
        under section 4 of the Lobbying Disclosure Act of 1995 or any 
        State law.
    (c) Terms of Appointed Commission Members.--A Commission member 
appointed under subsection (a)(2) shall be appointed for the life of 
the Commission.
    (d) Vacancies.--
            (1) How filled.--A vacancy in the Commission shall be 
        filled in the manner in which the original appointment was 
        made.
            (2) Length of service.--A Commission member appointed to 
        fill a vacancy in the Commission occurring before the end of 
        the term for which the predecessor of the member was appointed 
        shall be appointed only for the remainder of the term.
    (e) Compensation.--
            (1) Basic pay.--For each day, including travel time, a 
        Commission member is engaged in the performance of Commission 
        duties, the member shall be entitled to the daily equivalent of 
        the annual rate of basic pay for level IV of the Executive 
        Schedule, subject to section 11(b)(1).
            (2) Prohibition of compensation of federal employees.--The 
        Secretary, an officer or employee of the Federal Government, or 
        a Member of Congress may not receive additional pay, 
        allowances, or benefits by reason of service on the Commission.
    (f) Travel Expenses.--A Commission member may receive travel 
expenses, including per diem in lieu of subsistence, in accordance with 
applicable provisions under subchapter I of chapter 57 of title 5, 
United States Code.
    (g) Chairperson.--Within 15 days after all initial appointments to 
the Commission have been made, the Secretary shall designate 1 
Commission member as the chairperson (in this Act referred to as the 
``chairperson'') of the Commission.
    (h) Taking Action.--The Commission may take action at a meeting 
only by a majority vote of the Commission members present at the 
meeting.
    (i) Rules of Procedure.--Within 15 days after the designation of 
the chairperson, the Commission shall adopt rules of procedure.

SEC. 6. COMMISSION OPERATIONS.

    (a) Executive Director; Staff.--
            (1) Appointment of executive director.--The chairperson 
        shall appoint an Executive Director of the Commission.
            (2) Hiring of staff.--The Commission may hire additional 
        personnel as the Commission considers appropriate.
    (b) Compensation of Executive Director and Staff.--Subject to 
section 11(b)(1), the Commission shall pay--
            (1) the Executive Director at the annual rate of basic pay 
        for level III of the Executive Schedule; and
            (2) an individual hired under subsection (a)(2) at a rate 
        that may not exceed the daily equivalent of the annual rate of 
        basic pay for grade GS-14 of the General Schedule.
    (c) Experts and Consultants.--Subject to rules prescribed by the 
Commission, the Executive Director may procure temporary and 
intermittent services in the same manner as an agency under section 
3109(b) of title 5, United States Code.
    (d) Staff of Federal Agencies.--On request of the Commission, to 
assist the Commission in carrying out the duties of the Commission--
            (1) the Secretary may detail to the Commission not more 
        than 10 personnel of the Department of Education;
            (2) the head of any other Federal department or agency may 
        detail personnel, services, or facilities of the department or 
        agency to the Commission, subject to paragraph (3); and
            (3) a total of not more than 10 personnel may be detailed 
        to the Commission under paragraph (2).

SEC. 7. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--To carry out the duties of the 
Commission--
            (1) the Commission shall conduct public hearings, including 
        hearings in which testimony is received from experts such as 
        described in section 5(b)(1)(B)(x); and
            (2) the Commission may, as the Commission considers 
        appropriate, sit and act, take testimony, and receive evidence.
    (b) Powers of Commission Members and Agents.--The Commission may 
authorize any Commission member or agent of the Commission to take any 
action which the Commission is authorized to take by this Act.
    (c) Obtaining Official Data.--The Commission may secure, directly 
from any department or agency of the United States, information 
necessary to enable the Commission to carry out this Act. On request of 
the chairperson, the head of the department or agency shall furnish the 
information to the Commission, subject to any applicable limitations of 
Federal law.
    (d) Administrative Support Services.--On request of the 
chairperson, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, human resources management, 
budget, leasing, accounting, payroll services, and other services 
necessary for the Commission to carry out the duties of the Commission.
    (e) Contract Authority.--
            (1) In general.--Subject to paragraph (2) of this 
        subsection and section 11(b)(2), the Commission may enter into 
        contracts with and compensate a government or private agency or 
        person for the conduct of activities necessary for the 
        Commission to carry out the duties of the Commission.
            (2) Duration.--The Commission may not enter into a contract 
        if the terms of the contract extend beyond the date the 
        Commission terminates.
    (f) Authority To Accept Voluntary Services.--
            (1) In general.--Notwithstanding section 1342 of title 31, 
        United States Code, the Commission may accept the service of a 
        volunteer.
            (2) Reimbursement of volunteer.--In accordance with 
        applicable provisions under subchapter I of chapter 57 of title 
        5, United States Code, the Commission may reimburse a volunteer 
        for expenses for office supplies and local travel, and for 
        travel expenses, including per diem in lieu of subsistence, 
        incurred in performing services for the Commission.
            (3) Volunteer deemed a federal employee.--While performing 
        services for the Commission, a volunteer is deemed an employee 
        of the Federal Government for the purposes of the following:
                    (A) Chapter 81 of title 5, United States Code, 
                relating to compensation for work-related injuries.
                    (B) Chapter 11 of title 18, United States Code, 
                relating to conflicts of interest.
                    (C) Chapter 171 of title 28, United States Code, 
                relating to tort claims.
    (g) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.

SEC. 8. PUBLIC ENGAGEMENT AND COMMUNITY OUTREACH PROGRAMS.

    (a) In General.--Within 180 days after the appointment of the 
chairperson, the Commission shall commence outreach programs with 
communities throughout the United States, to engage the communities in 
a public dialogue on how to ensure that the schools in the communities 
enable each student in the United States to achieve his or her maximum 
academic potential.
    (b) Methods.--The outreach programs shall, to the maximum extent 
possible, include the following:
            (1) Meetings.
            (2) Surveys.
            (3) Telephone polls.
            (4) Conference calls.
            (5) Internet messaging and forums.
            (6) Electronic mail.
    (c) Requirements.--
            (1) Selection of communities.--In selecting communities in 
        which to conduct an outreach program, the Commission shall 
        ensure that the outreach programs represent, to the maximum 
        extent possible, the geographic diversity of the United States 
        and the economic and cultural diversity of the populations of 
        the communities.
            (2) Public events.--Any event the Commission conducts as 
        part of an outreach program shall be open to the public.
            (3) Conduct of outreach programs.--In conducting an 
        outreach program:
                    (A) Chair.--The chairperson shall designate 1 
                Commission member to serve as the chair of an event 
                that is part of the program.
                    (B) Issues.--The chair shall endeavour to have the 
                attendees address the following issues:
                            (i) The benefits to the United States of 
                        investing in enabling each student to achieve 
                        his or her maximum academic potential.
                            (ii) How to ensure that each student 
                        achieves his or her maximum academic potential.
                            (iii) How to establish educational equity 
                        for all students.
                            (iv) How to determine the educational needs 
                        of a student.
                            (v) How to evaluate the effectiveness of a 
                        school in meeting the educational needs of a 
                        student at the school.
                            (vi) The methods by which schools should be 
                        funded.
                    (C) Participation.--The Commission shall encourage 
                broad participation in the program by any reasonable 
                means the Commission considers appropriate.

SEC. 9. REPORTS AND OTHER PUBLICATIONS OF COMMISSION.

    (a) Quarterly Reports.--
            (1) In general.--Every 90 days after the designation of the 
        chairperson, the Commission shall prepare a report detailing 
        the expenditures and activities of the Commission.
            (2) Submission.--The Commission shall submit each such 
        report to each entity referred to in subsection (b)(4)(A) and 
        make the report widely available.
    (b) Final Report.--
            (1) Content.--The final report of the Commission shall 
        include the following:
                    (A) Discharge duties of commission.--The findings 
                and conclusions of the Commission on the matters 
                described in section 4.
                    (B) Basis of conclusions.--The basis of the 
                findings and conclusions, including the results of 
                hearings conducted under section 7(a) and the outreach 
                programs conducted under section 8.
                    (C) Other topics to be addressed.--A summary of the 
                following:
                            (i) The role the Federal, State, and local 
                        governments should have in establishing 
                        sufficient funding to ensure that each student 
                        receives an equitable education that enables 
                        the student to achieve his or her maximum 
                        academic potential.
                            (ii) The unmet educational needs of 
                        students, and the benefits of providing the 
                        necessary support to enable schools meet their 
                        needs.
                            (iii) Recommendations on how to assess the 
                        educational needs of a student, the types of 
                        assessments available, and how to develop 
                        additional assessments to enable educators to 
                        better understand the educational needs of a 
                        student.
                            (iv) Information concerning the cost of 
                        education in different settings, with 
                        consideration of variations in geography, needs 
                        of student populations, and concentrations of 
                        student populations.
                            (v) The methods by which schools are and 
                        should be funded.
            (2) Publication of draft report.--Within 480 days after the 
        designation of the chairperson, the Commission shall publish a 
        draft of the final report.
            (3) Public comment period.--During the 45-day period 
        beginning with the date the draft report is published, the 
        Commission shall solicit and receive comments from the public 
        on the draft report.
            (4) Issuance of final report.--
                    (A) In general.--Within 165 days after publishing 
                the draft report, and after taking into account any 
                comments received under paragraph (3), the Commission 
                shall submit the final report to--
                            (i) the Committees on Finance, on Health, 
                        Education, Labor, and Pensions, and on 
                        Appropriations of the Senate;
                            (ii) the Committees on Ways and Means, on 
                        Education and Labor, and on Appropriations of 
                        the House of Representatives;
                            (iii) the President of the National Academy 
                        of Sciences; and
                            (iv) the President of the United States.
                    (B) Approvals required; inclusion of minority 
                views.--
                            (i) Approvals required.--The Commission may 
                        not issue the final report without the approval 
                        of at least 10 Commission members.
                            (ii) Inclusion of minority views.--The 
                        Commission may include a minority view in the 
                        final report.
            (5) Congressional hearings.--It is the sense of the 
        Congress that the Committees specified in paragraph (4)(A) 
        should hold hearings on the information in the final report.
    (c) Format of Publications; Timing; Accessibility.--
            (1) Format of publications.--The Commission shall cause to 
        have published all reports prepared under this section, minutes 
        of all Commission meetings, and transcripts of all Commission 
        hearings, in a format that is understandable to the public.
            (2) Timing.--The Commission shall cause to have published 
        the information described in paragraph (1)--
                    (A) on the Internet website of the Department of 
                Education, within 15 days after preparation of the 
                information; and
                    (B) in print, within 60 days after preparation of 
                the information.
            (3) Accessibility.--The Secretary shall maintain, on the 
        Internet website of the Department of Education, the 
        information published under paragraph (1), in a matter that is 
        accessible to the public.

SEC. 10. TERMINATION OF COMMISSION.

    The Commission shall terminate 45 days after issuing the final 
report under section 9(b)(4).

SEC. 11. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.

    (a) Limitations on Authorization of Appropriations.--There are 
authorized to be appropriated to carry out this Act, other than section 
9(b), not more than $10,000,000, to remain available until expended.
    (b) Limitations on Use of Funds.--To the extent or in the amounts 
provided in advance in appropriation Acts, the Commission may do the 
following:
            (1) Pay compensation under sections 5(e)(1) and 6(b).
            (2) Enter into contracts with and compensate a government 
        or private agency or person for the conduct of activities, 
        under section 7(e).

SEC. 12. FEDERAL ADVISORY COMMITTEE ACT NOT TO APPLY.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Education.--The term ``education'' means learning 
        occurring in public schools in the United States from pre-
        kindergarten through the 12th grade, including homeschooling.
            (2) Educational equity.--The term ``educational equity'' 
        means the educational policies, and practices necessary to--
                    (A) meet the educational requirements of each 
                student, regardless of his or her socioeconomic status, 
                national origin, gender, or the location of his or her 
                school;
                    (B) foster the maximum development of the potential 
                of each student; and
                    (C) ensure that each student has the knowledge and 
                skills needed to participate effectively in community 
                life as a worker, citizen, parent, or leader, and as a 
                role model for future generations.
            (3) Educational needs.--The term ``educational needs'' 
        means the academic and developmental requirements for a student 
        to achieve his or her maximum academic potential, determined 
        after taking into account the unique abilities and 
        circumstances of the student.
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