Bill To Hobble Academia HR 3077 Passes House

[POA]

Really, this could fit into several different categories on the site at once, but I'm placing it here for discussion.

HR 3077 passed the House last week with a voice vote, so in that way, nobody can tell who exactly voted for or against it.

I am posting what's probably the most odious part of the legislation here for perusal and distribution.

SEC. 6. ADVISORY BOARD.

Part D of title VI is amended by inserting after section 632 (as added by section 5) the following new section:

`SEC. 633. INTERNATIONAL HIGHER EDUCATION ADVISORY BOARD.

`(a) ESTABLISHMENT AND PURPOSE-

`(1) ESTABLISHMENT- There is established in the Department an independent International Higher Education Advisory Board (hereafter in this section referred to as the `International Advisory Board'). The International Advisory Board shall provide advice, counsel and recommendations to the Secretary and the Congress on international education issues for higher education.

`(2) PURPOSE- The purpose of the International Advisory Board is--

`(A) to provide expertise in the area of national needs for proficiency in world regions, foreign languages, and international affairs;

`(B) to make recommendations that will promote the excellence of international education programs and result in the growth and development of such programs at the postsecondary education level that will reflect diverse perspectives and represent the full range of views on world regions, foreign language, and international affairs; and

`(C) to advise the Secretary and the Congress with respect to needs for expertise in government, the private sector, and education in order to enhance America's understanding of, and engagement in, the world.

`(b) INDEPENDENCE OF INTERNATIONAL ADVISORY BOARD- In the exercise of its functions, powers, and duties, the International Advisory Board shall be independent of the Secretary and the other offices and officers of the Department. Except as provided in this subsection and subsection (f), the recommendations of the International Advisory Board shall not be subject to review or approval by any officer of the Federal Government. Nothing in this title shall be construed to authorize the International Advisory Board to mandate, direct, or control an institution of higher education's specific instructional content, curriculum, or program of instruction. The Board is authorized to study, monitor, apprise, and evaluate a sample of activities supported under this title in order to provide recommendations to the Secretary and the Congress for the improvement of programs under the title and to ensure programs meet the purposes of the title. The recommendations of the Board may address any area in need of improvement, except that any recommendation of specific legislation to Congress shall be made only if the President deems it necessary and expedient.

`(c) MEMBERSHIP-

`(1) APPOINTMENT- The International Advisory Board shall have 7 members of whom--

`(A) 3 members shall be appointed by the Secretary;

`(B) 2 members shall be appointed by the Speaker of the House of Representatives, upon the recommendation of the Majority Leader and the Minority Leader; and

`(C) 2 members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the Majority Leader and the Minority Leader.

`(2) REPRESENTATION- Two of the members appointed by the Secretary under paragraph (1)(A) shall be appointed to represent Federal agencies that have national security responsibilities, after consultation with the heads of such agencies. The members of the International Advisory Board shall also include (but not be limited to) representatives of States, institutions of higher education, cultural organizations, educational organizations, local education agencies, students, and private citizens with expertise in international concerns.

`(3) QUALIFICATION- Members of the International Advisory Board shall be individuals who have technical qualifications, professional standing, experience working in international affairs or foreign service occupations, or demonstrated knowledge in the fields of higher education and international education, including foreign languages, world regions, or international affairs.

`(d) FUNCTIONS OF THE COMMITTEE-

`(1) IN GENERAL- The International Advisory Board shall provide recommendations in accordance with subsection (b) regarding improvement of programs under this title to the Secretary and the Congress for their review. The Board may--

`(A) review and comment upon the regulations for grants under this title;

`(B) monitor, apprise, and evaluate a sample of activities supported under this title based on the purposes and objectives of this title in order to provide recommendations for improvement of the programs under this title;

`(C) make recommendations that will assist the Secretary and the Congress to improve the programs under this title to better reflect the national needs related to the homeland security, international education, and international affairs, including an assessment of the national needs and the training provided by the institutions of higher education that receive a grant under this title for expert and non-expert level foreign language training;

`(D) make recommendations to the Secretary and the Congress regarding such studies, surveys, and analyses of international education that will provide feedback about the programs under this title and assure that their relative authorized activities reflect diverse perspectives and represent the full range of views on world regions, foreign languages, and international affairs;

`(E) make recommendations that will strengthen the partnerships between local educational agencies, public and private elementary and secondary education schools, and grant recipients under this title to ensure that the research and knowledge about world regions, foreign languages, and international affairs is widely disseminated to local educational agencies;

`(F) make recommendations on how institutions of higher education that receive a grant under this title can encourage students to serve the nation and meet national needs in an international affairs, international business, foreign language, or national security capacity;

`(G) make recommendations on how linkages between institutions of higher education and public and private organizations that are involved in international education, language training, and international research capacities to fulfill manpower and information needs of United States businesses; and

`(H) make recommendations to the Secretary and the Congress about opportunities for underrepresented populations in the areas of international relations, international affairs, and international economics, in order to effectively carry out the activities of the Institute under part C.

`(2) HEARINGS- The International Advisory Board shall provide for public hearing and comment regarding the matter contained in the recommendations described in paragraph (1), prior to the submission of those recommendations to Secretary and the Congress.

(continued in followup)

[POA]

`(e) OPERATIONS OF THE COMMITTEE-

`(1) TERMS- Each member of the International Advisory Board shall be appointed for a term of 3 years, except that, of the members first appointed (A) 4 shall be appointed for a term of 3 years, and (B) 3 shall be appointed for a term of 4 years, as designated at the time of appointment by the Secretary. A member of the International Advisory Board may be reappointed to successive terms on the International Advisory Board.

`(2) VACANCIES- Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of such term. A member of the International Advisory Board shall, upon the Secretary's request, continue to serve after the expiration of a term until a successor has been appointed.

`(3) NO GOVERNMENTAL MEMBERS- Except for the members appointed by the Secretary under subsection (c)(1)(A), no officers or full-time employees of the Federal Government shall serve as members of the International Advisory Board.

`(4) MEETINGS- The International Advisory Board shall meet not less than once each year. The International Advisory Board shall hold additional meetings at the call of the Chair or upon the written request of not less than 3 voting members of the International Advisory Board.

`(5) QUORUM- A majority of the voting members of the Board serving at the time of a meeting shall constitute a quorum.

`(6) CHAIR- The International Advisory Board shall elect a Chairman or Chairwoman from among the members of the International Advisory Board.

`(f) SUBMISSION TO DEPARTMENT FOR COMMENT- The International Advisory Board shall submit its proposed recommendations to the Secretary of Education for comment for a period not to exceed 30 days in each instance.

`(g) PERSONNEL AND RESOURCES-

`(1) COMPENSATION AND EXPENSE- Members of the International Advisory Committee shall serve without pay for such service. Members of the International Advisory Board who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service

on the International Advisory Board. Members of the International Advisory Board may each receive reimbursement for travel expenses incident to attending International Advisory Board meetings, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.

`(2) PERSONNEL- The International Advisory Board may appoint such personnel as may be determined necessary by the Chairman without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no individual so appointed shall be paid in excess of the rate authorized for GS-18 of the General Schedule. The International Advisory Board may appoint not more than 1 full-time equivalent, nonpermanent, consultant without regard to the provisions of title 5, United States Code. The International Advisory Board shall not be required by the Secretary to reduce personnel to meet agency personnel reduction goals.

`(3) CONSULTATION- In carrying out its duties under the Act, the International Advisory Board shall consult with other Federal agencies, representatives of State and local governments, and private organizations to the extent feasible.

`(4) ASSISTANCE FROM OTHER AGENCIES-

`(A) INFORMATION- The International Advisory Board is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this section and each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality is authorized and directed, to the extent permitted by law, to furnish such information, suggestions, estimates, and statistics directly to the International Advisory Board, upon request made by the Chairman.

`(B) SERVICES AND PERSONNEL- The head of each Federal agency shall, to the extent not prohibited by law, consult with the International Advisory Board in carrying out this section. The International Advisory Board is authorized to utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimbursement.

`(5) CONTRACTS; EXPERTS AND CONSULTANTS- The International Advisory Board may enter into contracts for the acquisition of information, suggestions, estimates, and statistics for the purpose of this section. The International Advisory Board is authorized to obtain the services of experts and consultants without regard to section 3109 of title 5, United States Code and to set pay in accordance with such section.

`(h) TERMINATION- Notwithstanding the sunset and charter provisions of the Federal Advisory Committee Act (5 U.S.C. App. I) or any other statute or regulation, the International Advisory Committee shall be authorized through September 30, 2009.

`(i) FUNDS- The Secretary shall use not more than one-half of the funds available to the Secretary under section 632 to carry out this section.'.

SEC. 7. RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION; SAFETY.

Part D of title VI is amended by inserting after section 633 (as added by section 6) the following new sections:

`SEC. 634. RECRUITER ACCESS TO STUDENTS AND STUDENT RECRUITING INFORMATION.

`Each institution of higher education that receives a grant under this title shall assure that--

`(1) recruiters of the United States Government and agencies thereof are given the same access to students as is provided generally to other institutions of higher education and prospective employers of those students for the purpose of recruiting for graduate opportunities or prospective employment; and

`(2) no undue restrictions are placed upon students that seek employment with the United States Government or any agency thereof.

`SEC. 635. STUDENT SAFETY.

`Applicants seeking funds under this title to support student travel and study abroad shall submit as part of their grant application a description of safety policies and procedures for students participating in the program while abroad.'.

SEC. 8. NATIONAL STUDY OF FOREIGN LANGUAGE HERITAGE COMMUNITIES.

Part D of title VI is further amended by inserting after section 635 (as added by section 7) the following new section:

`SEC. 636. NATIONAL STUDY OF FOREIGN LANGUAGE HERITAGE COMMUNITIES.

`(a) STUDY- The Secretary of Education, in consultation with the International Advisory Board, shall conduct a study to identify foreign language heritage communities, particularly such communities that include speakers of languages that are critical to the national security of the United States.

`(b) FOREIGN LANGUAGE HERITAGE COMMUNITY- For purposes of this section, the term `foreign language heritage community' means a community of residents or citizens of the United States who are native speakers of, or who have partial fluency in, a foreign language.

`(c) REPORT- Not later than 1 year after the date of the enactment of this Act, the Secretary of Education shall submit a report to the Congress on the results of the study conducted under this section.'.

Union Calendar No. 185

[Moses]

My daughter is a gifted linguist who is entering a foreign studies program and I am really upset about this legislation. The idea that the range of information would be overseen by the government, particularly the likes of Pipes et al (we are of course talking about drumming all but pro-israeli views out of American academia), and that she herself would be subject to government oversight.

I mean when do we just go ahead and admit that these people have turned America into a soviet-style dictatorship run for the interests of a small subsegment of wealthy Americans?

And the fact that it passed by voice vote, without a single member opposing it (there was an anonymous motion to table).

We are all Palestinians now.