II
110th CONGRESS
1st Session
S. 960
IN THE SENATE OF THE UNITED STATES
March 22, 2007
Mrs. Clinton (for herself, Mr. Specter, Ms. Mikulski, Mrs. Boxer, Mr. Biden, Ms. Landrieu, Mr. Kennedy, and Mrs. Hutchison) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To establish the United States Public Service Academy.
Short title
This Act may be cited as
the Public Service Academy Act of 2007
.
Findings
Congress makes the following findings:
National disasters such as September 11, 2001, and Hurricane Katrina, along with the United States struggle against international terrorism, have highlighted the importance of public service and the need for the United States to improve its capacity to effectively handle future catastrophes, as well as the daily challenges of life in a global society.
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 2/3 of the 2005 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 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.
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 recent study by
the Congressional Budget Office highlighted the graying of the Federal
work force
, while the Partnership for Public Service warns of a
Federal brain drain
as 44 percent of all Federal workers become
eligible to retire in the next 5 years.
The National Center for Education Statistics estimates that more than 2,000,000 teachers will be needed in the next 10 years due to teacher retirement and increased student enrollment. The teacher shortages will particularly affect high-need rural and inner-city local educational agencies.
More than 80 percent of the Nation’s 17,000 law enforcement agencies report that they cannot fill needed positions due to a lack of qualified candidates.
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.
The Border Patrol has struggled to recruit and retain college-educated agents who can speak Spanish and navigate the delicate cross-cultural interactions inherent in the job.
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.
American college students lack adequate preparation in fields crucial to public service, including international education and civic education, as evidenced by the following:
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.
Young adults of the United States scored next to last in a recent National Geographic/Roper survey of geographic knowledge.
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.
The most recent
National Assessment of Educational Progress assessment of civic knowledge in
grade 12 found that only 25 percent of high school seniors had an
adequate
knowledge of civics and government and 35 percent of
high school seniors had little or no knowledge of civics and government at
all.
The United States does not have a national undergraduate institution to promote public service and develop well-trained, highly qualified civilian leaders.
Purpose
The purpose of this Act is to establish a United States Public Service Academy that will—
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;
be the first national civilian institution of higher education in the United States; and
provide competitive, federally subsidized, public service-focused undergraduate education to students from across the United States and the world.
Definitions
In this Act:
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.
State
The
term State
means each of the several States of the United States
and the District of Columbia.
Establishment
Establishment
There
is established, in the Department of Homeland Security, a United States Public
Service Academy (referred to in this Act as the Academy
), at the
location to be determined by an Act of Congress, for the instruction in and
preparation for public service of selected individuals, who shall be called
Academy students.
Organization
The Secretary of the Department of Homeland Security shall prescribe the organization of the Academy, in accordance with the requirements of this section.
Key positions
There shall be at the Academy the following:
A Superintendent.
A Dean of the Academic Board, who is a permanent professor.
A Director of Admissions.
A Director of Placement.
Superintendent
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.
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.
Dean of the Academic Board
Appointment
The Superintendent shall appoint the Dean of the Academic Board 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 the Academic Board from qualified applicants.
Duties
The Dean of the Academic Board shall perform such duties as the Superintendent may prescribe, with the approval of the Board of Visitors.
Faculty and departments
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.
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.
Faculty expectations
Faculty members shall—
possess academic expertise and teaching prowess;
exemplify high standards of conduct and performance;
be expected to participate in the full spectrum of academy programs, including providing leadership for the curricular and extracurricular activities of students;
comply with the standards of conduct and performance established by the Superintendent; and
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.
Department titles
The Superintendent may prescribe the titles of each of the departments of instruction and the professors of the Academy.
Student qualifications and requirements for admission
Student qualifications
A student wishing to be admitted to the Academy shall—
be 17 years of age or older;
be unmarried; and
have no dependents, as defined in section 152(a) of the Internal Revenue Code of 1986.
Admission requirements
A student wishing to be admitted to the Academy shall fulfill the following requirements:
Earn a secondary school diploma.
Take the SAT or ACT or an equivalent college-level aptitude test.
Sit for a personal interview with a representative of the Academy.
Any further admissions requirements, as determined by the Director of Admissions.
Honor code
A student wishing to be 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.
Appointment of students
Nomination process
Prospective applicants to the Academy for seats described in paragraphs (1) and (3) of subsection (b) shall follow a nomination process established by the Director of Admissions of the Academy that is similar to the process used for admission to the military academies of the United States Armed Forces.
Appointments
Nominees for Congressional seats
Number of seats
For each incoming first-year class at the Academy, the Director of Admissions shall reserve a number of congressional seats in such class that is twice the number of electoral votes for all States, except that such number of seats may be reduced if the Superintendent of the Academy determines that a smaller class size is necessary in order to gradually build the Academy to its full capacity.
Nominees required per each senator and representative
Each member of the Senate or the House of Representatives shall nominate a minimum of 5 candidates from the State that the member represents for each incoming first-year class of the Academy.
Competition
In selecting students for the congressional seats in a first-year incoming class, the Director of Admissions shall—
proportionally allocate the congressional seats reserved under subparagraph (A) among the States based on the number of electoral votes of each State; and
for each congressional seat allocated to a State, select a candidate that has been nominated by a member of Congress from the State under subparagraph (B).
International students
Seats
The Director of Admissions shall reserve, from the total number of seats in each incoming first-year class of the Academy, not less than 5 percent of such total for international students.
Tuition; agreement
In order for an international student to attend the Academy, the student's home country shall—
be responsible for subsidizing the student's tuition, fees, room and board, and other expenses at the Academy; and
enter into an agreement described in section 10(b) with the student.
Executive branch nominees
Seats
The Director of Admissions shall reserve in each incoming first-year class of the Academy not more than 25 seats for executive branch nominees.
Nominees
The President shall nominate a minimum of 75 candidates to compete for the executive branch seats.
Other nominees
The Director of Admissions shall reserve in each incoming first-year class of the Academy not more than 75 seats for at-large selections from the remaining pool of congressional nominees described in paragraph (1)(B).
Academic focus of the United States Public Service Academy
Curriculum; leadership
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.
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.
Degree
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.
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.
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.
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.
Public service requirements before graduation
Public service programming
Each Academy student shall participate in regular programming related to public service, as determined by the Dean of the Academic Board.
Public service project
Each Academy student shall plan and implement a 1-year public service project during the student's final year at the Academy.
Study abroad requirements
In general
Each Academy student shall spend not less than 6 weeks engaged in a study abroad program approved by the Dean of the Academic Board.
Classes in preparation for study abroad
In preparation for the study abroad program, each Academy student shall take courses in foreign languages and international relations.
Summer learning program requirements
For each year of attendance at the Academy, each Academy student shall spend 8 weeks each summer participating in a structured learning program established by the Superintendent of the Academy and the Dean of the Academic Board.
Public service requirements following graduation
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:
The student will complete the course of instruction at the Academy, culminating in graduation from the Academy.
Unless the student pursues graduate education under subsection (h), upon graduation from the Academy, the student—
will accept a public service assignment under subsection (g), if tendered, at the assigned location; and
will serve in the public service assignment for not less than the 5 years immediately following the first day of the assignment.
International student agreement
Each international Academy student who was selected for the Academy under section 8(b)(2) 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).
Failure To graduate
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—
dishonorably discharged from the Academy; and
obligated to repay the Academy for the cost of the delinquent student's education in the amount described in paragraph (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.
Failure To accept or complete assigned public service
In general
A delinquent graduate shall be—
dishonorably discharged from the Academy; and
obligated to repay the Academy for the cost of the delinquent graduate's education in the amount described in paragraph (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.
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—
not accepting the graduate's public service assignment upon graduation from the Academy; or
not completing the required years of public service in the assignment due to—
voluntarily quitting the assignment; or
being fired from the assignment.
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.
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.
Determining student public service assignments
In general
The Superintendent, acting through the Academy Placement Office, shall place each graduating student in a public service assignment, which shall consist of—
civil service employment at the Federal, State, or local level; or
civilian service in the United States Armed Forces.
Factors
In making an assignment under paragraph (1), the Academy Placement Office shall assess the following factors:
National security needs.
State and local community needs.
The student's experience.
The student's academic performance.
Review and approval of student assignments
The Superintendent of the Academy shall review and approve each Academy graduating student's public service assignment.
Graduate education
An Academy student and the Superintendent may modify the agreement under subsection (a) to provide that—
the Academy shall—
subsidize an Academy student's graduate education at a public institution; and
postpone the public service assignment required under subsection (a)(2); and
the student shall—
accept a public service assignment under subsection (g) upon the student's completion of the graduate program; and
add 2 additional years to the student's public service commitment required under the agreement described in subsection (a) for every year of subsidized graduate education.
Review and oversight
Board of visitors
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.
Membership
The Board of Visitors shall consist of not more than 15 members, including the Secretary of the Department of Homeland Security. The remaining members of the Board of Visitors shall be appointed by the President, by and with the advice and consent of the Senate.
Visits; reports
Annual visits
In order to ensure the efficiency and effectiveness of the Academy, the Board of Visitors shall annually visit the Academy.
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.
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.
Superintendent
Not later than November 30 of each year, using data 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:
Recruitment and admissions.
Faculty compensation.
Curriculum.
Resources and facilities.
Attrition and graduation.
Public service placement.
Funding the United States Public Service Academy
Fully-subsidized education
Each Academy student's tuition at the Academy shall be fully subsidized.
Public-private partnership
The Academy will be a public-private partnership funded by the following:
Public funds
Congress shall fund 80 percent of the Academy’s annual budget.
Private funds
The Academy officials shall raise 20 percent of the Academy's annual budget in private funds.
Initial appropriations
For each of the first 2 fiscal years for which funds are appropriated under section 14, the Superintendent 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.
Subsequent appropriations
For each of the 4 subsequent fiscal years following the second fiscal year described in subsection (c) and for which funds are appropriated under section 14, the Superintendent shall use such funds, and any matching private funds, to fund the Academy as it grows 1 class at a time into a 4-year institution.
Use of certain gifts to the Academy
Gifts not exceeding $20,000
Under regulations prescribed by the Secretary of the Department of Homeland Security, 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.
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.
Authorization of appropriations
There is authorized to be appropriated to carry out this Act $164,000,000 for fiscal year 2008 and each of the 5 succeeding fiscal years.