[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4024 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4024

To establish in the Cybersecurity and Infrastructure Security Agency of 
the Department of Homeland Security a Cybersecurity Advisory Committee.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2020

Mr. Perdue (for himself and Ms. Sinema) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish in the Cybersecurity and Infrastructure Security Agency of 
the Department of Homeland Security a Cybersecurity Advisory Committee.

    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 ``Cybersecurity Advisory Committee 
Authorization Act of 2020''.

SEC. 2. CYBERSECURITY ADVISORY COMMITTEE.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following:

``SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE.

    ``(a) Establishment.--The Secretary shall establish within the 
Agency a Cybersecurity Advisory Committee (referred to in this section 
as the `Advisory Committee').
    ``(b) Duties.--
            ``(1) In general.--The Advisory Committee may advise, 
        consult with, report to, and make recommendations to the 
        Director, as appropriate, on the development, refinement, and 
        implementation of policies, programs, planning, and training 
        pertaining to the cybersecurity mission of the Agency.
            ``(2) Recommendations.--
                    ``(A) In general.--The Advisory Committee shall 
                develop, at the request of the Director, 
                recommendations for improvements to advance the 
                cybersecurity mission of the Agency and strengthen the 
                cybersecurity of the United States.
                    ``(B) Recommendations of subcommittees.--
                Recommendations agreed upon by subcommittees 
                established under subsection (d) for any year shall be 
                approved by the Advisory Committee before the Advisory 
                Committee submits to the Director the annual report 
                under paragraph (4) for that year.
            ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Director--
                    ``(A) reports on matters identified by the 
                Director; and
                    ``(B) reports on other matters identified by a 
                majority of the members of the Advisory Committee.
            ``(4) Annual report.--
                    ``(A) In general.--The Advisory Committee shall 
                submit to the Director an annual report providing 
                information on the activities, findings, and 
                recommendations of the Advisory Committee, including 
                its subcommittees, for the preceding year.
                    ``(B) Publication.--Not later than 180 days after 
                the date on which the Director receives an annual 
                report for a year under subparagraph (A), the Director 
                shall publish a public version of the report describing 
                the activities of the Advisory Committee and such 
                related matters as would be informative to the public 
                during that year, consistent with section 552(b) of 
                title 5, United States Code.
            ``(5) Feedback.--Not later than 90 days after receiving any 
        recommendation submitted by the Advisory Committee under 
        paragraph (2), (3), or (4), the Director shall respond in 
        writing to the Advisory Committee with feedback on the 
        recommendation. Such a response shall include--
                    ``(A) with respect to any recommendation with which 
                the Director concurs, an action plan to implement the 
                recommendation; and
                    ``(B) with respect to any recommendation with which 
                the Director does not concur, a justification for why 
                the Director does not plan to implement the 
                recommendation.
            ``(6) Congressional notification.--Not less frequently than 
        once per year after the date of enactment of this section, the 
        Director shall provide to the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Appropriations of 
        the Senate and the Committee on Homeland Security and the 
        Committee on Appropriations of the House of Representatives a 
        briefing on feedback from the Advisory Committee.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Cybersecurity Advisory 
                Committee Authorization Act of 2020, the Director shall 
                appoint the members of the Advisory Committee.
                    ``(B) Composition.--The membership of the Advisory 
                Committee shall consist of not more than 35 
                individuals.
                    ``(C) Representation.--
                            ``(i) In general.--The membership of the 
                        Advisory Committee shall be geographically 
                        balanced and shall include representatives of 
                        State and local governments and of a broad 
                        range of industries, which may include the 
                        following:
                                    ``(I) Defense.
                                    ``(II) Education.
                                    ``(III) Financial services and 
                                insurance.
                                    ``(IV) Healthcare.
                                    ``(V) Manufacturing.
                                    ``(VI) Media and entertainment.
                                    ``(VII) Chemicals.
                                    ``(VIII) Retail.
                                    ``(IX) Transportation.
                                    ``(X) Energy.
                                    ``(XI) Information Technology.
                                    ``(XII) Communications.
                                    ``(XIII) Other relevant fields 
                                identified by the Director.
                            ``(ii) Prohibition.--Not more than 3 
                        members may represent any 1 category under 
                        clause (i).
            ``(2) Term of office.--
                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be 2 years, except that a 
                member may continue to serve until a successor is 
                appointed.
                    ``(B) Removal.--The Director may review the 
                participation of a member of the Advisory Committee and 
                remove such member any time at the discretion of the 
                Director.
                    ``(C) Reappointment.--A member of the Advisory 
                Committee may be reappointed for an unlimited number of 
                terms.
            ``(3) Prohibition on compensation.--The members of the 
        Advisory Committee may not receive pay or benefits from the 
        United States Government by reason of their service on the 
        Advisory Committee.
            ``(4) Meetings.--
                    ``(A) In general.--The Director shall require the 
                Advisory Committee to meet not less frequently than 
                semiannually, and may convene additional meetings as 
                necessary.
                    ``(B) Public meetings.--At least one of the 
                meetings referred to in subparagraph (A) shall be open 
                to the public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
            ``(5) Member access to classified information.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which a member is first appointed to the 
                Advisory Committee and before the member is granted 
                access to any classified information, the Director 
                shall determine if the member should be restricted from 
                reviewing, discussing, or possessing classified 
                information.
                    ``(B) Access.--Access to classified materials shall 
                be managed in accordance with Executive Order No. 13526 
                of December 29, 2009 (75 Fed. Reg 707), or any 
                subsequent corresponding Executive Order.
                    ``(C) Protections.--A member of the Advisory 
                Committee shall protect all classified information in 
                accordance with the applicable requirements for the 
                particular level of classification of such information.
            ``(6) Chairperson.--The Advisory Committee shall select, 
        from among the members of the Advisory Committee--
                    ``(A) a member to serve as chairperson of the 
                Advisory Committee; and
                    ``(B) a member to serve as chairperson of each 
                subcommittee of the Advisory Committee established 
                under subsection (d).
    ``(d) Subcommittees.--
            ``(1) In general.--The Director shall establish 
        subcommittees within the Advisory Committee to address 
        cybersecurity issues, which may include the following:
                    ``(A) Information exchange.
                    ``(B) Critical infrastructure.
                    ``(C) Risk management.
                    ``(D) Public and private partnerships.
            ``(2) Meetings and reporting.--Each subcommittee shall meet 
        not less frequently than semiannually, and submit to the 
        Advisory Committee for inclusion in the annual report required 
        under subsection (b)(4) information, including activities, 
        findings, and recommendations, regarding subject matter 
        considered by the subcommittee.
            ``(3) Subject matter experts.--The chair of the Advisory 
        Committee shall appoint members to subcommittees and shall 
        ensure that each member appointed to a subcommittee has subject 
        matter expertise relevant to the subject matter of the 
        subcommittee.
    ``(e) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Advisory Committee and its 
subcommittees.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 2214 the 
following:

``2215. Cybersecurity Advisory Committee.''.
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