§ 4 : SOUTHERN BORDER SECURITY COMMISSION

ESTABLISHMENT.—

1.

IN GENERAL.—No later than the date that is 1 year after the date of the enactment of this Act, there is established a commission to be known as the Southern Border Security Commission(referred to in this section as the Commission).

2.

EXPENDITURES AND REPORT.—Only if the Secretary cannot certify that the Department has achieved effective control in all border sectors for at least 1 fiscal year before the date that is 5 years after the date of the enactment of this Act—

A.

the report described in subsection (d) shall be submitted; and

B.

60 days after such report is submitted, the funds made available in section 6(a)(3)(A)(iii) may be expended (except as provided in subsection (i)).

COMPOSITION.—

1.

IN GENERAL.—The Commission shall be composed of—

A.

2 members who shall be appointed by the President;

B.

2 members who shall be appointed by the President pro tempore of the Senate, of which—

i.

1 shall be appointed upon the recommendation of the leader in the Senate of the political party that is not the political party of the President; and

ii.

1 shall be appointed upon the recommendation of the leader in the Senate of the other political party;

C.

2 members who shall be appointed by the Speaker of the House of Representatives, of which—

i.

1 shall be appointed upon the recommendation of the leader in the House of Representatives of the political party that is not the political party of the President; and

ii.

1 shall be appointed upon the recommendation of the leader in the House of Representatives of the other political party; and

D.

4 members, consisting of 1 member from the Southwestern State of Nevada and 1 member from each of the States along the Southern border, who shall be—

i.

the Governor of such State; or

ii.

appointed by the Governor of each such State.

2.

QUALIFICATIONS FOR APPOINTMENT.—The members of the Commission shall be distinguished individuals noted for their knowledge and experience in the field of border security at the Federal, State, or local level and may also include reputable individuals who are landowners in the Southern border area with first-hand experience with border issues.

3.

TIME OF APPOINTMENT.—The appointments required by paragraph (1) shall be made not later than 1 year after the date of the enactment of this Act.

4.

CHAIR.—At the first meeting of the Commission, a majority of the members of the Commission present and voting shall elect the Chair of the Commission.

5.

VACANCIES.—Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.

6.

RULES.—The Commission shall establish the rules and procedures of the Commission which shall require the approval of at least 6 members of the Commission.

DUTIES.—

1.

IN GENERAL.—The Commission’s primary responsibility shall be to make recommendations to the President, the Secretary, and Congress on policies to achieve and maintain the border security goal specified in section 3(b)by achieving and maintaining—

A.

the capability to engage in, and engaging in, persistent surveillance in border sectors along the Southern border; and

B.

an effectiveness rate of 90 percent or higher in all border sectors along the Southern border.

2.

PUBLIC HEARINGS.—

A.

IN GENERAL.—The Commission shall convene at least 1 public hearing each year on border security.

B.

REPORT.—The Commission shall provide a summary of each hearing convened pursuant to subparagraph (A) to the entities set out in subparagraphs (A) through (G) of section 5(a)(1).

REPORT.— If required pursuant to subsection (a)(2)(B) and in no case earlier than the date that is 5 years after the date of the enactment of this Act, the Commission shall submit to the President, the Secretary, and Congress a report setting forth specific recommendations for policies for achieving and maintaining the border security goals specified in subsection (c). The report shall include, at a minimum, recommendations for the personnel, infrastructure, technology, and other resources required to achieve and maintain an effectiveness rate of 90 percent or higher in all border sectors.

TRAVEL EXPENSES.—Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

ADMINISTRATIVE SUPPORT.—The Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege.

COMPTROLLER GENERAL REVIEW.—The Comptroller General of the United States shall review the recommendations in the report submitted under subsection (d) in order to determine—

1.

whether any of the recommendations are likely to achieve effective control in all border sectors;

2.

which recommendations are most likely to achieve effective control; and

3.

whether such recommendations are feasible within existing budget constraints.

TERMINATION.—The Commission shall terminate 10 years after the date of the enactment of this Act.

FUNDING.—The amounts made available under section 6(a)(3)(A)(iii) to carry out programs, projects, and activities recommended by the Commission may not be expended prior to the date that is 60 days after a report required by subsection (d) is submitted and, in no case, prior to 60 days after the date that is 5 years after the date of the enactment of this Act, except that funds made available under section 6(a)(3)(A)(iii) may be used for minimal administrative expenses directly associated with convening the public hearings required by subsection (c)(2)(A) and preparing and providing summaries of such hearings required by subsection (c)(2)(B).