[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4205 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4205

 To establish the Homeland Security Higher Education Advisory Council.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

  Mr. Durbin introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To establish the Homeland Security Higher Education Advisory Council.

    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 ``Homeland Security Higher Education 
Advisory Council Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on the Judiciary, 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on the Judiciary, and the Committee on 
                Science, Space, and Technology of the House of 
                Representatives.
            (2) Council.--The term ``Council'' means the Homeland 
        Security Higher Education Advisory Council established under 
        section 3.
            (3) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. HOMELAND SECURITY HIGHER EDUCATION ADVISORY COUNCIL.

    (a) Establishment.--The Secretary shall establish a council to be 
known as the ``Homeland Security Higher Education Advisory Council''.
    (b) Duties of Council.--The Council shall provide advice and 
recommendations to the Secretary on matters concerning homeland 
security and the academic community relating to the following:
            (1) The threat of malign foreign influence and interference 
        in the United States.
            (2) Proposed regulatory changes impacting institutions of 
        higher education.
            (3) Promoting the openness of academic research and the 
        exchange of ideas between institutions of higher education and 
        the Federal Government.
            (4) Promoting campus resilience resources to address a 
        range of threats or hazards affecting institutions of higher 
        education.
            (5) Homeland security academic and research programs.
            (6) Student and recent graduate recruitment to Federal 
        Government employment.
            (7) Issues relating to international students, including--
                    (A) obtaining and maintaining a visa; and
                    (B) processing visas and Optional Practical 
                Training.
            (8) Cybersecurity.
            (9) Any other matters the Secretary considers appropriate.
    (c) Membership.--
            (1) In general.--The Council shall be composed of not fewer 
        than 21 members appointed by the Secretary, of whom 9 shall be 
        from governmental positions specified in paragraph (2), and not 
        fewer than 12 members shall be from non-governmental positions 
        specified in paragraph (3).
            (2) Governmental positions.--Governmental positions 
        specified in this paragraph are the following:
                    (A) The Bureau of Consular Affairs of the 
                Department of State.
                    (B) The Bureau of Education and Cultural Affairs of 
                the Department of State.
                    (C) U.S. Customs and Border Protection.
                    (D) The Office for Civil Rights and Civil Liberties 
                of the Department of Homeland Security.
                    (E) The Science and Technology Directorate of the 
                Department of Homeland Security.
                    (F) The Office of Science and Technology 
                Cooperation of the Department of State.
                    (G) The Student and Exchange Visitor Program of the 
                Department of Homeland Security.
                    (H) United States Citizenship and Immigration 
                Services.
                    (I) Office of the Citizenship and Immigration 
                Services Ombudsman.
                    (J) Homeland Security Investigations of the U.S. 
                Immigration and Customs Enforcement.
                    (K) The Department of Justice.
                    (L) The intelligence community, as defined in 
                section 3(4) of the National Security Act of 1947 (50 
                U.S.C. 3003(4)).
            (3) Non-governmental positions.--Non-governmental positions 
        specified in this paragraph are the following:
                    (A) Twelve presidents or chancellors of a 
                university, with a distribution of such universities 
                being private, public, and regionally diverse.
                    (B) Senior leaders of relevant higher education 
                associations.
            (4) Timing of appointments.--Appointments to the Council 
        shall be made not later than 4 months after the date of 
        enactment of this Act.
            (5) Terms.--
                    (A) In general.--Each member of the Council shall 
                be appointed for a term of 2 years.
                    (B) Vacancies.--Any member appointed to fill a 
                vacancy occurring before the expiration of the term for 
                which the member's predecessor was appointed shall be 
                appointed only for the remainder of that term. A member 
                may serve after the expiration of that term until a 
                successor has been appointed.
            (6) Chairperson and vice chairperson.--The Chairperson and 
        Vice Chairperson of the Council shall be designated by the 
        Secretary at the time of the appointment of the members 
        pursuant to paragraph (4), and when a vacancy of the 
        Chairperson or Vice Chairperson occurs, as the case may be.
    (d) Meeting.--
            (1) Initial meeting.--The Council shall hold its initial 
        meeting not later than 30 days after the final appointment of 
        all members under subsection (c)(4).
            (2) Meetings.--The Council shall meet not fewer than 3 
        times each year at the call of the Chairperson or Vice 
        Chairperson.
            (3) Quorum.--Sixteen members of the Council, of whom 8 
        members shall be appointed from governmental positions and 8 
        members shall be appointed from non-governmental positions, 
        shall constitute a quorum.
    (e) Compensation.--
            (1) Prohibition of compensation.--Except as provided in 
        paragraph (2), members of the Council may not receive 
        additional pay, allowances, or benefits by reason of their 
        service on the Council.
            (2) Travel expenses.--Each member shall 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.
    (f) Administrative Support Services.--Upon the request of the 
Council, the Secretary shall provide to the Council, on a reimbursable 
basis, the administrative support services necessary for the Council to 
carry out its responsibilities under this Act.
    (g) Report.--Not later than 180 days after the date on which the 
Council holds its initial meeting under subsection (d) and annually 
thereafter, the Council shall submit to the appropriate congressional 
committees a report containing a detailed statement of the advice and 
recommendations of the Council pursuant to subsection (b).
    (h) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Council.
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