II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cybersecurity Advisory 

5 Committee Authorization Act of 2020’’. 

6 SEC. 2. CYBERSECURITY ADVISORY COMMITTEE. 

7 (a) IN GENERAL.—Subtitle A of title XXII of the 

8 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 

9 is amended by adding at the end the following: 


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1 ‘‘SEC. 2215. CYBERSECURITY ADVISORY COMMITTEE. 

2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab3 lish within the Agency a Cybersecurity Advisory Com4 mittee (referred to in this section as the ‘Advisory Com5 mittee’). 

6 ‘‘(b) DUTIES.— 

7 ‘‘(1) IN GENERAL.—The Advisory Committee 

8 may advise, consult with, report to, and make rec9 ommendations to the Director, as appropriate, on 

10 the development, refinement, and implementation of 

11 policies, programs, planning, and training pertaining 

12 to the cybersecurity mission of the Agency. 

13 ‘‘(2) RECOMMENDATIONS.— 

14 ‘‘(A) IN GENERAL.—The Advisory Com15 mittee shall develop, at the request of the Di16 rector, recommendations for improvements to 

17 advance the cybersecurity mission of the Agency 

18 and strengthen the cybersecurity of the United 

19 States. 

20 ‘‘(B) RECOMMENDATIONS OF SUBCOMMIT21 TEES.—Recommendations agreed upon by sub22 committees established under subsection (d) for 

23 any year shall be approved by the Advisory 

24 Committee before the Advisory Committee sub25 mits to the Director the annual report under 

26 paragraph (4) for that year. 


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1 ‘‘(3) PERIODIC REPORTS.—The Advisory Com2 mittee shall periodically submit to the Director— 

3 ‘‘(A) reports on matters identified by the 

4 Director; and 

5 ‘‘(B) reports on other matters identified by 

6 a majority of the members of the Advisory 

7 Committee. 

8 ‘‘(4) ANNUAL REPORT.— 

9 ‘‘(A) IN GENERAL.—The Advisory Com10 mittee shall submit to the Director an annual 

11 report providing information on the activities, 

12 findings, and recommendations of the Advisory 

13 Committee, including its subcommittees, for the 

14 preceding year. 

15 ‘‘(B) PUBLICATION.—Not later than 180 

16 days after the date on which the Director re17 ceives an annual report for a year under sub18 paragraph (A), the Director shall publish a 

19 public version of the report describing the ac20 tivities of the Advisory Committee and such re21 lated matters as would be informative to the 

22 public during that year, consistent with section 

23 552(b) of title 5, United States Code. 

24 ‘‘(5) FEEDBACK.—Not later than 90 days after 

25 receiving any recommendation submitted by the AdVerDate Sep 11 2014 22:22 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4024.IS S4024

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1 visory Committee under paragraph (2), (3), or (4), 

2 the Director shall respond in writing to the Advisory 

3 Committee with feedback on the recommendation. 

4 Such a response shall include— 

5 ‘‘(A) with respect to any recommendation 

6 with which the Director concurs, an action plan 

7 to implement the recommendation; and 

8 ‘‘(B) with respect to any recommendation 

9 with which the Director does not concur, a jus10 tification for why the Director does not plan to 

11 implement the recommendation. 

12 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Not less 

13 frequently than once per year after the date of en14 actment of this section, the Director shall provide to 

15 the Committee on Homeland Security and Govern16 mental Affairs and the Committee on Appropriations 

17 of the Senate and the Committee on Homeland Se18 curity and the Committee on Appropriations of the 

19 House of Representatives a briefing on feedback 

20 from the Advisory Committee. 

21 ‘‘(c) MEMBERSHIP.— 

22 ‘‘(1) APPOINTMENT.— 

23 ‘‘(A) IN GENERAL.—Not later than 180 

24 days after the date of enactment of the Cyber25 security Advisory Committee Authorization Act 


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1 of 2020, the Director shall appoint the mem2 bers of the Advisory Committee. 

3 ‘‘(B) COMPOSITION.—The membership of 

4 the Advisory Committee shall consist of not 

5 more than 35 individuals. 

6 ‘‘(C) REPRESENTATION.— 

7 ‘‘(i) IN GENERAL.—The membership 

8 of the Advisory Committee shall be geo9 graphically balanced and shall include rep10 resentatives of State and local governments 

11 and of a broad range of industries, which 

12 may include the following: 

13 ‘‘(I) Defense. 

14 ‘‘(II) Education. 

15 ‘‘(III) Financial services and in16 surance. 

17 ‘‘(IV) Healthcare. 

18 ‘‘(V) Manufacturing. 

19 ‘‘(VI) Media and entertainment. 

20 ‘‘(VII) Chemicals. 

21 ‘‘(VIII) Retail. 

22 ‘‘(IX) Transportation. 

23 ‘‘(X) Energy. 

24 ‘‘(XI) Information Technology. 

25 ‘‘(XII) Communications. 


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1 ‘‘(XIII) Other relevant fields 

2 identified by the Director. 

3 ‘‘(ii) PROHIBITION.—Not more than 3 

4 members may represent any 1 category 

5 under clause (i). 

6 ‘‘(2) TERM OF OFFICE.— 

7 ‘‘(A) TERMS.—The term of each member 

8 of the Advisory Committee shall be 2 years, ex9 cept that a member may continue to serve until 

10 a successor is appointed. 

11 ‘‘(B) REMOVAL.—The Director may review 

12 the participation of a member of the Advisory 

13 Committee and remove such member any time 

14 at the discretion of the Director. 

15 ‘‘(C) REAPPOINTMENT.—A member of the 

16 Advisory Committee may be reappointed for an 

17 unlimited number of terms. 

18 ‘‘(3) PROHIBITION ON COMPENSATION.—The 

19 members of the Advisory Committee may not receive 

20 pay or benefits from the United States Government 

21 by reason of their service on the Advisory Com22 mittee. 

23 ‘‘(4) MEETINGS.— 

24 ‘‘(A) IN GENERAL.—The Director shall re25 quire the Advisory Committee to meet not less 


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1 frequently than semiannually, and may convene 

2 additional meetings as necessary. 

3 ‘‘(B) PUBLIC MEETINGS.—At least one of 

4 the meetings referred to in subparagraph (A) 

5 shall be open to the public. 

6 ‘‘(C) ATTENDANCE.—The Advisory Com7 mittee shall maintain a record of the persons 

8 present at each meeting. 

9 ‘‘(5) MEMBER ACCESS TO CLASSIFIED INFOR10 MATION.— 

11 ‘‘(A) IN GENERAL.—Not later than 60 

12 days after the date on which a member is first 

13 appointed to the Advisory Committee and be14 fore the member is granted access to any classi15 fied information, the Director shall determine if 

16 the member should be restricted from review17 ing, discussing, or possessing classified informa18 tion. 

19 ‘‘(B) ACCESS.—Access to classified mate20 rials shall be managed in accordance with Exec21 utive Order No. 13526 of December 29, 2009 

22 (75 Fed. Reg 707), or any subsequent cor23 responding Executive Order. 

24 ‘‘(C) PROTECTIONS.—A member of the 

25 Advisory Committee shall protect all classified 


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1 information in accordance with the applicable 

2 requirements for the particular level of classi3 fication of such information. 

4 ‘‘(6) CHAIRPERSON.—The Advisory Committee 

5 shall select, from among the members of the Advi6 sory Committee— 

7 ‘‘(A) a member to serve as chairperson of 

8 the Advisory Committee; and 

9 ‘‘(B) a member to serve as chairperson of 

10 each subcommittee of the Advisory Committee 

11 established under subsection (d). 

12 ‘‘(d) SUBCOMMITTEES.— 

13 ‘‘(1) IN GENERAL.—The Director shall establish 

14 subcommittees within the Advisory Committee to ad15 dress cybersecurity issues, which may include the 

16 following: 

17 ‘‘(A) Information exchange. 

18 ‘‘(B) Critical infrastructure. 

19 ‘‘(C) Risk management. 

20 ‘‘(D) Public and private partnerships. 

21 ‘‘(2) MEETINGS AND REPORTING.—Each sub22 committee shall meet not less frequently than semi23 annually, and submit to the Advisory Committee for 

24 inclusion in the annual report required under sub25 section (b)(4) information, including activities, findVerDate Sep 11 2014 22:22 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4024.IS S4024

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1 ings, and recommendations, regarding subject mat2 ter considered by the subcommittee. 

3 ‘‘(3) SUBJECT MATTER EXPERTS.—The chair of 

4 the Advisory Committee shall appoint members to 

5 subcommittees and shall ensure that each member 

6 appointed to a subcommittee has subject matter ex7 pertise relevant to the subject matter of the sub8 committee. 

9 ‘‘(e) NONAPPLICABILITY OF FACA.—The Federal 

10 Advisory Committee Act (5 U.S.C. App.) shall not apply 

11 to the Advisory Committee and its subcommittees.’’. 

12 (b) CLERICAL AMENDMENT.—The table of contents 

13 in section 1(b) of the Homeland Security Act of 2002 

14 (Public Law 107–296; 116 Stat. 2135) is amended by in15 serting after the item relating to section 2214 the fol16 lowing: 

‘‘2215. Cybersecurity Advisory Committee.’’. 

Æ 


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