Homeland Security Higher Education Advisory Council Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Homeland Security 4 Higher Education Advisory Council Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) APPROPRIATE CONGRESSIONAL COMMIT- 8 TEES.—The term ‘‘appropriate congressional com- 9 mittees’’ means— 10 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4205 IS (A) the Committee on Homeland Security 1 and Governmental Affairs, the Committee on 2 the Judiciary, and the Committee on Com- 3 merce, Science, and Transportation of the Sen- 4 ate; and 5 (B) the Committee on Homeland Security, 6 the Committee on the Judiciary, and the Com- 7 mittee on Science, Space, and Technology of 8 the House of Representatives. 9 (2) COUNCIL.—The term ‘‘Council’’ means the 10 Homeland Security Higher Education Advisory 11 Council established under section 3. 12 (3) INSTITUTION OF HIGHER EDUCATION.—The 13 term ‘‘institution of higher education’’ has the 14 meaning given the term in section 101 of the Higher 15 Education Act of 1965 (20 U.S.C. 1001). 16 (4) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of Homeland Security. 18 SEC. 3. HOMELAND SECURITY HIGHER EDUCATION ADVI- 19 SORY COUNCIL. 20 (a) ESTABLISHMENT.—The Secretary shall establish 21 a council to be known as the ‘‘Homeland Security Higher 22 Education Advisory Council’’. 23 (b) DUTIES OF COUNCIL.—The Council shall provide 24 advice and recommendations to the Secretary on matters 25 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4205 IS concerning homeland security and the academic commu- 1 nity relating to the following: 2 (1) The threat of malign foreign influence and 3 interference in the United States. 4 (2) Proposed regulatory changes impacting in- 5 stitutions of higher education. 6 (3) Promoting the openness of academic re- 7 search and the exchange of ideas between institu- 8 tions of higher education and the Federal Govern- 9 ment. 10 (4) Promoting campus resilience resources to 11 address a range of threats or hazards affecting insti- 12 tutions of higher education. 13 (5) Homeland security academic and research 14 programs. 15 (6) Student and recent graduate recruitment to 16 Federal Government employment. 17 (7) Issues relating to international students, in- 18 cluding— 19 (A) obtaining and maintaining a visa; and 20 (B) processing visas and Optional Practical 21 Training. 22 (8) Cybersecurity. 23 (9) Any other matters the Secretary considers 24 appropriate. 25 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4205 IS (c) MEMBERSHIP.— 1 (1) IN GENERAL.—The Council shall be com- 2 posed of not fewer than 21 members appointed by 3 the Secretary, of whom 9 shall be from govern- 4 mental positions specified in paragraph (2), and not 5 fewer than 12 members shall be from non-govern- 6 mental positions specified in paragraph (3). 7 (2) GOVERNMENTAL POSITIONS.—Govern- 8 mental positions specified in this paragraph are the 9 following: 10 (A) The Bureau of Consular Affairs of the 11 Department of State. 12 (B) The Bureau of Education and Cultural 13 Affairs of the Department of State. 14 (C) U.S. Customs and Border Protection. 15 (D) The Office for Civil Rights and Civil 16 Liberties of the Department of Homeland Secu- 17 rity. 18 (E) The Science and Technology Direc- 19 torate of the Department of Homeland Secu- 20 rity. 21 (F) The Office of Science and Technology 22 Cooperation of the Department of State. 23 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4205 IS (G) The Student and Exchange Visitor 1 Program of the Department of Homeland Secu- 2 rity. 3 (H) United States Citizenship and Immi- 4 gration Services. 5 (I) Office of the Citizenship and Immigra- 6 tion Services Ombudsman. 7 (J) Homeland Security Investigations of 8 the U.S. Immigration and Customs Enforce- 9 ment. 10 (K) The Department of Justice. 11 (L) The intelligence community, as defined 12 in section 3(4) of the National Security Act of 13 1947 (50 U.S.C. 3003(4)). 14 (3) NON-GOVERNMENTAL POSITIONS.—Non- 15 governmental positions specified in this paragraph 16 are the following: 17 (A) Twelve presidents or chancellors of a 18 university, with a distribution of such univer- 19 sities being private, public, and regionally di- 20 verse. 21 (B) Senior leaders of relevant higher edu- 22 cation associations. 23 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 4205 IS (4) TIMING OF APPOINTMENTS.—Appointments 1 to the Council shall be made not later than 4 2 months after the date of enactment of this Act. 3 (5) TERMS.— 4 (A) IN GENERAL.—Each member of the 5 Council shall be appointed for a term of 2 6 years. 7 (B) VACANCIES.—Any member appointed 8 to fill a vacancy occurring before the expiration 9 of the term for which the member’s predecessor 10 was appointed shall be appointed only for the 11 remainder of that term. A member may serve 12 after the expiration of that term until a suc- 13 cessor has been appointed. 14 (6) CHAIRPERSON AND VICE CHAIRPERSON.— 15 The Chairperson and Vice Chairperson of the Coun- 16 cil shall be designated by the Secretary at the time 17 of the appointment of the members pursuant to 18 paragraph (4), and when a vacancy of the Chair- 19 person or Vice Chairperson occurs, as the case may 20 be. 21 (d) MEETING.— 22 (1) INITIAL MEETING.—The Council shall hold 23 its initial meeting not later than 30 days after the 24 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 4205 IS final appointment of all members under subsection 1 (c)(4). 2 (2) MEETINGS.—The Council shall meet not 3 fewer than 3 times each year at the call of the 4 Chairperson or Vice Chairperson. 5 (3) QUORUM.—Sixteen members of the Council, 6 of whom 8 members shall be appointed from govern- 7 mental positions and 8 members shall be appointed 8 from non-governmental positions, shall constitute a 9 quorum. 10 (e) COMPENSATION.— 11 (1) PROHIBITION OF COMPENSATION.—Except 12 as provided in paragraph (2), members of the Coun- 13 cil may not receive additional pay, allowances, or 14 benefits by reason of their service on the Council. 15 (2) TRAVEL EXPENSES.—Each member shall 16 receive travel expenses, including per diem in lieu of 17 subsistence, in accordance with applicable provisions 18 under subchapter I of chapter 57 of title 5, United 19 States Code. 20 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the 21 request of the Council, the Secretary shall provide to the 22 Council, on a reimbursable basis, the administrative sup- 23 port services necessary for the Council to carry out its re- 24 sponsibilities under this Act. 25 VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 4205 IS (g) REPORT.—Not later than 180 days after the date 1 on which the Council holds its initial meeting under sub- 2 section (d) and annually thereafter, the Council shall sub- 3 mit to the appropriate congressional committees a report 4 containing a detailed statement of the advice and rec- 5 ommendations of the Council pursuant to subsection (b). 6 (h) NONAPPLICABILITY OF FACA.—The Federal Ad- 7 visory Committee Act (5 U.S.C. App.) shall not apply to 8 the Council. 9 Æ VerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4205.IS S4205 pbinns on DSKJLVW7X2PROD with BILLS