I 111th CONGRESS 1st Session H. R. 2102 IN THE HOUSE OF REPRESENTATIVES April 27, 2009 Mr. Moran of Virginia (for himself, Mr. Connolly of Virginia, Mr. McDermott, Mr. McGovern, Mr. Boucher, Mr. Sestak, Mr. Sires, Mr. Blumenauer, Ms. Slaughter, Mr. Perriello, Ms. Kaptur, Ms. McCollum, Ms. Schwartz, Ms. Castor of Florida, Mr. Pallone, Ms. DeLauro, Mr. Conyers, Mr. Meeks of New York, Mr. Jackson of Illinois, Mr. Honda, Ms. Norton, Mr. Welch, Mr. Brady of Pennsylvania, Mr. Thompson of Mississippi, Mr. Sarbanes, Mr. Massa, Mr. Ruppersberger, Mr. Lewis of Georgia, Ms. DeGette, Mr. Higgins, Mr. Cummings, Mr. Nadler of New York, Mr. Tonko, Mr. Lynch, and Mr. Kennedy) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To establish the United States Public Service Academy.

1.

Short title

This Act may be cited as the United States Public Service Academy Act of 2009.

2.

Findings

Congress makes the following findings: (1)In the 21st century, the most pressing challenges that the United States faces will take place in the public sector, including educating young people, taking care of the elderly, protecting the environment, and battling terrorists. National disasters such as September 11, 2001, Hurricane Katrina, and the economic crisis have highlighted the importance of public service and underscored how much our Nation depends upon strong public institutions and competent civilian leadership at all levels of society. (2)Young Americans, particularly after the September 11, 2001, attacks, have a strong ethic of public service. According to the Higher Education Research Institute, more than two-thirds of the 2007 freshman class at institutions of higher education in the United States expressed a desire to serve others, the highest rate in a generation. Applications to private programs such as Teach for America and City Year, publicly funded public service programs within USA Freedom Corps, and religious mission trips have increased dramatically since 2001. Yet with the increase in college tuition causing the average college graduate with loans to owe about $20,000, many students often can afford to pursue public service only for short periods of time and avoid public service careers in favor of more lucrative fields. (3)The aging of the population of the United States and the subsequent retirement of the Baby Boomer generation will create serious shortages in critically needed public service positions at all levels of our society, as evidenced by the following: (A)According to the Council for Excellence in Government, 60 percent of the current Federal Government’s General Schedule workforce and 90 percent of the Senior Executive Service will be eligible for retirement in less than 10 years. (B)There are more Federal workers in their 60s than in their 20s, and the Partnership for Public Service warns of a [Federal] brain drain as these older workers leave public service. (C)In the aftermath of Hurricane Katrina, personnel shortages were perhaps [the] most difficult challenge for the Federal Emergency Management Agency, according to a Congressional report on the Federal Government’s response to the disaster. (4)There is a large pool of untapped potential among young women who want to serve our country. Although the military service academies are only 15 percent female, women constitute a majority (57 percent) of college students nationwide. In service organizations, women are an even larger majority: 58 percent of Peace Corps, 61 percent of City Year, and 71 percent of Teach for America participants are women. (5)American college students lack adequate preparation in fields crucial to public service, including international education and civic education, as evidenced by the following: (A)According to the bipartisan Commission on the Abraham Lincoln Study Abroad Fellowship Program established under section 104 of division H of the Consolidated Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 435), students of the United States often graduate from college without knowing a foreign language or having any experience abroad. In the past 3 decades, the percentage of undergraduate students of the United States studying a foreign language has dropped from 16 percent to 8.7 percent, and approximately 1 percent of such students participate in a study abroad program. (B)Young adults of the United States scored next to last in a recent National Geographic/Roper survey of geographic knowledge. (C)A University of Connecticut survey of 14,000 undergraduate students found a widespread lack of civic literacy, with seniors barely outscoring freshmen on a test of basic multiple choice questions about the history, foreign policy, economics, and government of the United States. (6)The United States does not have a national undergraduate institution to promote public service and develop well-trained, highly qualified civilian leaders.

3.

Purpose

The purpose of this Act is to establish a United States Public Service Academy that will— (1)strengthen and protect the United States by providing an annual influx of career-motivated public servants and future leaders into the Nation’s public institutions; (2)be the first national civilian institution of higher education in the United States; and (3)provide competitive, federally subsidized, public service-focused undergraduate education to students from the United States and the world.

4.

Definitions

In this Act: (1)

Public service

The term public service means employment with, or work for, a public institution that is funded primarily by the Federal Government, or by a State or local government. (2)

State

The term State means each of the several States of the United States and the District of Columbia.

5.

Establishment

(a)

Establishment

There is established, in the Department of State, a United States Public Service Academy (referred to in this Act as the Academy) for the instruction in and preparation for public service of selected individuals, who shall be called Academy students. (b)

Organization

The President shall prescribe the organization of the Academy, in accordance with the requirements of this section. (c)

Key positions

There shall be at the Academy the following: (1)A Superintendent. (2)A Dean of Academic Affairs, who is a permanent professor. (3)A Dean of Admissions. (4)A Dean of Enrollment. (5)A Dean of Placement. (d)

Superintendent

(1)

Appointment

The President shall, by and with the advice and consent of the Senate, appoint the Superintendent of the Academy, who shall serve for a 6-year term. A Superintendent may be reappointed at the discretion of the President. (2)

Duties

The Superintendent shall be responsible for the day-to-day operation of the Academy and the welfare of the students and staff of the Academy. (e)

Dean of Academic Affairs

(1)

Appointment

The Superintendent shall appoint the Dean of Academic Affairs as an additional permanent professor from the permanent professors who have served as heads of departments of instruction at the Academy, except that for the first year of the Academy the Superintendent shall appoint the Dean of Academic Affairs from qualified applicants. (2)

Duties

The Dean of Academic Affairs shall perform such duties as the Superintendent may prescribe, with the approval of the Board of Visitors. (f)

Dean of Admissions

The Dean of Admissions shall have the sole discretion to make a final decision regarding the admission of any student to the Academy.

6.

Faculty and departments

(a)

Number of faculty

The Superintendent of the Academy may employ as many professors, instructors, and lecturers at the Academy as the Superintendent considers necessary to achieve academic excellence. (b)

Faculty compensation

The Superintendent may prescribe the compensation of persons employed under this section. Compensation and benefits for faculty members of the Academy shall be sufficiently competitive to achieve academic excellence, as determined by the Superintendent. (c)

Faculty expectations

Faculty members shall— (1)possess academic expertise and teaching prowess; (2)exemplify high standards of conduct and performance; (3)be expected to participate in the full spectrum of Academy programs, including providing leadership for the curricular and extracurricular activities of students; (4)comply with the standards of conduct and performance established by the Superintendent; and (5)participate actively in the development of the students through the enforcement of standards of behavior and conduct, to be established in the Academy’s rules and regulations. (d)

Department titles

The Superintendent may prescribe the titles of each of the departments of instruction and the professors of the Academy.

7.

Admission requirements and nomination

(a)

Admission requirements

The Dean of Admissions of the Academy shall select students to attend the Academy. To be eligible for selection by the Dean of Admissions to attend the Academy, a student shall fulfill the following requirements: (1)Secure a letter of nomination to attend the Academy, as follows: (A)A student from the United States shall secure a letter of nomination from a member of Congress or the President in accordance with subsection (b). (B)An international student shall secure a letter of nomination from the head of government in the home country of the student in accordance with such subsection. (2)Earn a secondary school diploma. (3)Take the SAT or ACT or an equivalent college-level aptitude test. (4)Sit for a personal interview with a representative of the Academy. (5)Any further admissions requirements, as determined by the Dean of Admissions. (b)

Nomination process

(1)

In general

Prospective applicants to the Academy shall follow a nomination process established by the Dean of Admissions of the Academy that is similar to the process used for admission to the military academies of the United States Armed Forces. (2)

Nominations required

Nominations to the Academy shall be made as follows: (A)

Congress

Each member of the Senate and the House of Representatives shall nominate a minimum of 5 candidates from the State that the member represents to compete for the State-specific and at-large congressional seats for each incoming first-year class of the Academy. (B)

President

The President shall nominate a minimum of 100 candidates to compete for the executive branch seats for each incoming first-year class of the Academy. (C)

International

The head of government in a foreign country may, as such head of government determines to be appropriate, nominate candidates from such country to compete for the international student seats for each incoming first-year class of the Academy. (3)

Qualifications for nomination

To be eligible to be considered for nomination to the Academy, a student shall— (A)be 17 years of age or older; (B)be unmarried; and (C)have no dependents, as defined in section 152(a) of the Internal Revenue Code of 1986. (c)

Allocation of student seats

From the total number of seats in each incoming first-year class of the Academy, the Dean of Admissions shall reserve seats as follows: (1)

Congressional seats

Not less than 85 percent of such total for students receiving a congressional nomination under subsection (b)(2)(A), with 75 percent of such total reserved for State-specific seats, and 10 percent of such total reserved for at-large seats, in accordance with this paragraph. (A)

State-specific congressional nominee seats

In selecting students for State-specific seats reserved under this paragraph, the Dean of Admissions shall— (i)proportionally allocate such seats among the States based on the number of electoral votes of each State; and (ii)for each seat allocated to a State under clause (i), select one student candidate who has been nominated by a member of Congress from the State under subsection (b)(2)(A) to attend the Academy. (B)

At-large congressional nominee seats

In selecting students for at-large seats reserved under this paragraph, the Dean of Admissions shall select student candidates to attend the Academy from the pool of students who— (i)receive a congressional nomination under subsection (b)(2)(A); and (ii)are not selected for a State-specific congressional nominee seat under subparagraph (A). (2)

Executive branch nominee seats

Not less than 5 percent of such total for students receiving an executive branch nomination under subsection (b)(2)(B). (3)

International student seats

Not less than 5 percent of such total for international students receiving a nomination from the head of government of the home country of the student under subsection (b)(2)(C). (d)

Honor code

Each student admitted to the Academy shall sign an Honor Code developed by the Superintendent of the Academy and approved by the Board of Visitors. A violation of the honor code may constitute a basis for dismissal from the Academy.

8.

Academic focus of the United States Public Service Academy

(a)

Curriculum; leadership

(1)

Curriculum

Each Academy student shall follow a structured curriculum that is self-reinforcing to emphasize leadership development (in accordance with paragraph (2)) and public service. (2)

Leadership

The purposes of the leadership development system are to motivate Academy students to seek leadership responsibilities upon graduation and enable Academy students to think clearly, decide wisely, and act decisively under pressure and in a variety of leadership situations. Direct support to leadership development shall be provided by concurrent and relevant coursework to create an interplay between learning the science of leadership in the classroom, while learning the art of leadership outside the classroom. (b)

Degree

(1)

Degree conferred upon graduation

Under such conditions as the Board of Visitors may prescribe, the Superintendent of the Academy may confer a baccalaureate of science or baccalaureate of arts degree upon a graduate of the Academy. (2)

Majors

Each Academy student shall pursue a program of study for a baccalaureate of arts or a baccalaureate of sciences degree in traditional liberal arts subjects. (c)

Breadth of required subject areas studied

Each Academy student shall take courses in a broad array of subject areas as part of the student’s program of study. (d)

Public service concentration

Not later than the completion of the fourth semester, each Academy student shall choose a public service concentration, which shall be the field in which the student ultimately will serve upon graduation. (e)

Public service requirements before graduation

Each Academy student shall participate in regular programming related to public service, as determined by the Dean of Academic Affairs. (f)

Off-campus learning program requirements

For each year of attendance at the Academy, each Academy student shall spend at least 8 weeks participating in a structured off-campus learning program established by the Superintendent of the Academy and the Dean of Academic Affairs.

9.

Public service requirements following graduation

(a)

Public service agreement

Each Academy student from the United States shall sign an agreement with respect to the student’s length of public service to the United States. The agreement shall provide that the student agrees to the following: (1)The student will complete the course of instruction at the Academy, culminating in graduation from the Academy. (2)Upon graduation from the Academy, the student— (A)will accept a public service assignment under subsection (g), if tendered, at the assigned location; and (B)will serve in the public service assignment for not less than the 5 years immediately following the first day of the assignment, unless a student chooses to pursue graduate education in accordance with subsection (h). (b)

International student agreement

Each international Academy student who was selected for the Academy under section 7(c)(3) shall sign an agreement with the student’s home country regarding employment in the national or local government of the country that meets the same conditions set forth in subsection (a). (c)

Failure To graduate

(1)

In general

An Academy student who has completed a minimum of 4 semesters at the Academy but fails to fulfill the Academy’s requirements for graduation within 4 years shall be— (A)dishonorably discharged from the Academy; and (B)obligated to repay the Academy for the cost of the delinquent student’s education in the amount described in paragraph (2). (2)

Amount of repayment

The delinquent student shall be financially responsible for the costs relating to each semester that the student was officially enrolled in the Academy. (d)

Failure To accept or complete assigned public service

(1)

In general

A delinquent graduate shall be— (A)dishonorably discharged from the Academy; and (B)obligated to repay the Academy for the cost of the delinquent graduate’s education in the amount described in paragraph (2). (2)

Amount of repayment

In the case of a delinquent graduate who fails to complete all years of public service required under subsection (a)(2) (including any additional years required for graduate education under subsection (h)), the delinquent graduate shall be financially responsible for the cost of the delinquent graduate’s education (including the costs of any graduate education), except that the amount of financial responsibility under this paragraph shall be reduced by 10 percent for each year of public service under subsection (a)(2) that the delinquent graduate did complete. (3)

Definition of delinquent graduate

In this subsection, the term delinquent graduate means a graduate of the Academy who violates the agreement entered into under subsection (a) by— (A)not accepting the graduate’s public service assignment upon graduation from the Academy; or (B)not completing the required years of public service in the assignment due to— (i)voluntarily quitting the assignment; or (ii)being fired from the assignment. (e)

Exceptions

The Superintendent may provide for the partial or total waiver or suspension of any public service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or deemed to involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (f)

Student salaries and benefits

The Academy shall not be responsible for the salaries and benefits of graduates of the Academy while the graduates are fulfilling the public service assignment under this section. All salaries and benefits shall be paid by the employer with whom the Academy graduate is placed. (g)

Determining student public service assignments

(1)

In general

The Superintendent, acting through the Academy Office of Placement, shall place each graduating student in a public service assignment, which shall consist of— (A)civil service employment at the Federal, State, or local level; or (B)civilian service in the United States Armed Forces. (2)

Factors

In making an assignment under paragraph (1), the Academy Office of Placement shall assess the following factors: (A)National needs. (B)The student’s experience. (C)The student’s academic performance. (3)

Review and approval of student assignments

The Superintendent of the Academy shall review and approve each Academy graduating student’s public service assignment. (h)

Graduate education

An Academy student and the Superintendent may modify the agreement under subsection (a) to provide that— (1)the Academy shall— (A)subsidize an Academy student’s graduate education at an accredited public institution of higher education; and (B)postpone the final 3 years of the public service assignment required under subsection (a)(2) for a period of not more than 5 years. All students must complete an initial 2-year public service placement before seeking graduate education; and (2)the student shall— (A)accept a public service assignment under subsection (g) upon the student’s completion of the graduate program; and (B)add 2 additional years to the student’s public service commitment required under the agreement described in subsection (a) for every 1 year of subsidized graduate education.

10.

Review and oversight

(a)

Board of visitors

(1)

Establishment

There shall be established a Board of Visitors for the Academy (referred to in this Act as the Board of Visitors) to oversee the Academy and to inquire into the efficiency and effectiveness of the operations of the Academy. (2)

Membership

The Board of Visitors shall consist of not more than 15 members, including the Secretary of State. Of the remaining members of the Board of Visitors, 6 members shall be appointed by the President, with the advice and consent of the Senate; 4 members shall be appointed by the Speaker of the House, with the advice and consent of the House of Representatives, and 4 members shall be appointed by the House minority leader, with the advice and consent of the House of Representatives. (3)

Visits; reports

(A)

Annual visits

In order to ensure the efficiency and effectiveness of the Academy, the Board of Visitors shall annually visit the Academy. (B)

Additional visits

The Board, or a member of the Board, may visit the Academy in addition to the annual visit described in subparagraph (A) with the approval of the Superintendent of the Academy. (C)

Annual reports

Not later than 60 days after an annual visit described in subparagraph (A), the Board of Visitors shall prepare and submit an annual report regarding the operations of the Academy to the President and Congress. (b)

Superintendent

Not later than November 30 of each year, using data available as of September 30 of such year, the Superintendent shall provide to the President and Congress a report assessing the progress of, and changes at, the Academy in the following areas: (1)Recruitment and admissions. (2)Faculty compensation. (3)Curriculum. (4)Resources and facilities. (5)Attrition and graduation. (6)Public service placement.

11.

Location of the United States Public Service Academy campus

(a)

Advisory commission

The President shall determine the location of the Academy within the United States in the following manner: (1)The President shall establish, within 90 days of the date of enactment of this Act, a commission, and appoint five members thereof, to advise the President in connection with the selection of a permanent location for the Academy. The commission shall make its report to the President as soon as practicable. (2)The President shall accept a unanimous decision for a permanent location by such commission. In the event such recommendation is not unanimous, the commission, by a majority vote, shall submit to the President 3 sites from which the President shall select one as the permanent location for the Academy. (b)

Authority To acquire land and construct Academy

Following the selection of a location for the Academy, the President is authorized— (1)to acquire land from other Government agencies without reimbursement, with the consent of such agencies; (2)to acquire lands and rights pertaining thereto, or other interests therein, including the temporary use thereof, by donation, purchase, exchange of Government owned lands, or otherwise; (3)to prepare plans, specifications, and designs, to make surveys, and to do all other preparatory work, by contract or otherwise, as he deems necessary or advisable in connection with the construction, equipping, and organization of the Academy at such location; and (4)to construct and equip temporary or permanent public works, including buildings, facilities, appurtenances, and utilities, at such location. (c)

Temporary facilities

For the purpose of providing temporary facilities and enabling early operation of the Academy, the President is authorized to provide for the erection of the minimum additional number of temporary buildings and the modification of existing structures and facilities at an existing Government site and to provide for the proper functioning, equipping, maintaining, and repairing thereof.

12.

Funding the United States Public Service Academy

(a)

Fully subsidized education

(1)

In general

Subject to the availability of appropriations and except as provided in paragraph (2), each Academy student’s education at the Academy shall be fully subsidized by the Academy, and the Academy shall be responsible for paying in full each student’s cost of attendance, including tuition, fees, room and board, and other expenses at the Academy. (2)

International students

Notwithstanding paragraph (1), for each international student selected to attend the Academy, the student’s home country shall be responsible for paying in full the student’s cost of attendance, including tuition, fees, room and board, and other expenses at the Academy. (b)

Initial appropriations

For each of the first 2 fiscal years for which funds are appropriated under section 14, the Superintendent of the Academy shall use such funds, and any matching private funds, to acquire land, construct facilities, recruit faculty and students, hire employees, and develop curricula in preparation for the opening of the Academy. (c)

Subsequent appropriations

For each of the 4 fiscal years subsequent to the second fiscal year described in subsection (b) for which funds are appropriated under section 14, the Superintendent of the Academy shall use such funds, and any private funds, to fund the operations of the Academy as it expands, by one class each year, into a 4-year institution, including fully subsidizing the education expenses of students at the Academy in accordance with subsection (a).

13.

Use of certain gifts to the academy

(a)

Gifts not exceeding $20,000

Under regulations prescribed by the President, the Superintendent of the Academy may accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of $20,000 or less made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the Academy or any entity thereof. The Superintendent may pay or authorize the payment of all reasonable and necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest under this section. (b)

Gifts exceeding $20,000

The Board of Visitors may accept, hold, administer, invest, and spend any gift, devise, or bequest of personal property of a value of more than $20,000 made to the United States on the condition that such gift, devise, or bequest be used for the benefit of the Academy or any entity thereof. The Board of Visitors may pay or authorize the payment of all reasonable and necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest under this section.

14.

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $205,000,000 for fiscal year 2010 and for each of the 5 succeeding fiscal years. Amounts authorized under this section shall remain available until expended.