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. 

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 ‘‘Homeland Security 

5 Higher Education Advisory Council Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 


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1 (A) the Committee on Homeland Security 

2 and Governmental Affairs, the Committee on 

3 the Judiciary, and the Committee on Com4 merce, Science, and Transportation of the Sen5 ate; and 

6 (B) the Committee on Homeland Security, 

7 the Committee on the Judiciary, and the Com8 mittee on Science, Space, and Technology of 

9 the House of Representatives. 

10 (2) COUNCIL.—The term ‘‘Council’’ means the 

11 Homeland Security Higher Education Advisory 

12 Council established under section 3. 

13 (3) INSTITUTION OF HIGHER EDUCATION.—The 

14 term ‘‘institution of higher education’’ has the 

15 meaning given the term in section 101 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1001). 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Homeland Security. 

19 SEC. 3. HOMELAND SECURITY HIGHER EDUCATION ADVI20 SORY COUNCIL. 

21 (a) ESTABLISHMENT.—The Secretary shall establish 

22 a council to be known as the ‘‘Homeland Security Higher 

23 Education Advisory Council’’. 

24 (b) DUTIES OF COUNCIL.—The Council shall provide 

25 advice and recommendations to the Secretary on matters 


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1 concerning homeland security and the academic commu2 nity relating to the following: 

3 (1) The threat of malign foreign influence and 

4 interference in the United States. 

5 (2) Proposed regulatory changes impacting in6 stitutions of higher education. 

7 (3) Promoting the openness of academic re8 search and the exchange of ideas between institu9 tions of higher education and the Federal Govern10 ment. 

11 (4) Promoting campus resilience resources to 

12 address a range of threats or hazards affecting insti13 tutions of higher education. 

14 (5) Homeland security academic and research 

15 programs. 

16 (6) Student and recent graduate recruitment to 

17 Federal Government employment. 

18 (7) Issues relating to international students, in19 cluding— 

20 (A) obtaining and maintaining a visa; and 

21 (B) processing visas and Optional Practical 

22 Training. 

23 (8) Cybersecurity. 

24 (9) Any other matters the Secretary considers 

25 appropriate. 


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1 (c) MEMBERSHIP.— 

2 (1) IN GENERAL.—The Council shall be com3 posed of not fewer than 21 members appointed by 

4 the Secretary, of whom 9 shall be from govern5 mental positions specified in paragraph (2), and not 

6 fewer than 12 members shall be from non-govern7 mental positions specified in paragraph (3). 

8 (2) GOVERNMENTAL POSITIONS.—Govern9 mental positions specified in this paragraph are the 

10 following: 

11 (A) The Bureau of Consular Affairs of the 

12 Department of State. 

13 (B) The Bureau of Education and Cultural 

14 Affairs of the Department of State. 

15 (C) U.S. Customs and Border Protection. 

16 (D) The Office for Civil Rights and Civil 

17 Liberties of the Department of Homeland Secu18 rity. 

19 (E) The Science and Technology Direc20 torate of the Department of Homeland Secu21 rity. 

22 (F) The Office of Science and Technology 

23 Cooperation of the Department of State. 


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1 (G) The Student and Exchange Visitor 

2 Program of the Department of Homeland Secu3 rity. 

4 (H) United States Citizenship and Immi5 gration Services. 

6 (I) Office of the Citizenship and Immigra7 tion Services Ombudsman. 

8 (J) Homeland Security Investigations of 

9 the U.S. Immigration and Customs Enforce10 ment. 

11 (K) The Department of Justice. 

12 (L) The intelligence community, as defined 

13 in section 3(4) of the National Security Act of 

14 1947 (50 U.S.C. 3003(4)). 

15 (3) NON-GOVERNMENTAL POSITIONS.—Non16 governmental positions specified in this paragraph 

17 are the following: 

18 (A) Twelve presidents or chancellors of a 

19 university, with a distribution of such univer20 sities being private, public, and regionally di21 verse. 

22 (B) Senior leaders of relevant higher edu23 cation associations. 


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1 (4) TIMING OF APPOINTMENTS.—Appointments 

2 to the Council shall be made not later than 4 

3 months after the date of enactment of this Act. 

4 (5) TERMS.— 

5 (A) IN GENERAL.—Each member of the 

6 Council shall be appointed for a term of 2 

7 years. 

8 (B) VACANCIES.—Any member appointed 

9 to fill a vacancy occurring before the expiration 

10 of the term for which the member’s predecessor 

11 was appointed shall be appointed only for the 

12 remainder of that term. A member may serve 

13 after the expiration of that term until a suc14 cessor has been appointed. 

15 (6) CHAIRPERSON AND VICE CHAIRPERSON.— 

16 The Chairperson and Vice Chairperson of the Coun17 cil shall be designated by the Secretary at the time 

18 of the appointment of the members pursuant to 

19 paragraph (4), and when a vacancy of the Chair20 person or Vice Chairperson occurs, as the case may 

21 be. 

22 (d) MEETING.— 

23 (1) INITIAL MEETING.—The Council shall hold 

24 its initial meeting not later than 30 days after the 


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1 final appointment of all members under subsection 

2 (c)(4). 

3 (2) MEETINGS.—The Council shall meet not 

4 fewer than 3 times each year at the call of the 

5 Chairperson or Vice Chairperson. 

6 (3) QUORUM.—Sixteen members of the Council, 

7 of whom 8 members shall be appointed from govern8 mental positions and 8 members shall be appointed 

9 from non-governmental positions, shall constitute a 

10 quorum. 

11 (e) COMPENSATION.— 

12 (1) PROHIBITION OF COMPENSATION.—Except 

13 as provided in paragraph (2), members of the Coun14 cil may not receive additional pay, allowances, or 

15 benefits by reason of their service on the Council. 

16 (2) TRAVEL EXPENSES.—Each member shall 

17 receive travel expenses, including per diem in lieu of 

18 subsistence, in accordance with applicable provisions 

19 under subchapter I of chapter 57 of title 5, United 

20 States Code. 

21 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the 

22 request of the Council, the Secretary shall provide to the 

23 Council, on a reimbursable basis, the administrative sup24 port services necessary for the Council to carry out its re25 sponsibilities under this Act. 


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1 (g) REPORT.—Not later than 180 days after the date 

2 on which the Council holds its initial meeting under sub3 section (d) and annually thereafter, the Council shall sub4 mit to the appropriate congressional committees a report 

5 containing a detailed statement of the advice and rec6 ommendations of the Council pursuant to subsection (b). 

7 (h) NONAPPLICABILITY OF FACA.—The Federal Ad8 visory Committee Act (5 U.S.C. App.) shall not apply to 

9 the Council. 

Æ 


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