[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Page S3969]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2324. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HOMELAND SECURITY HIGHER EDUCATION ADVISORY 
                   COUNCIL.

       (a) In General.--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;
       (B) processing H-1B visas and Optional Practical Training; 
     and
       (C) monitoring student visa recipients who stay past their 
     authorized time in the United States.
       (8) Issues relating to undocumented students.
       (9) Cybersecurity.
       (10) 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.
       (i) Definitions.--In this section:
       (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 
     this section.
       (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.
                                 ______