Sec. 130. United States-Mexico Border Enforcement Commission
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/bill/113/hr/3163/ih/section-130·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established an independent commission to be known as the Immigration and United States-Mexico Border Enforcement Commission (referred to in this section as the Commission ). The purposes of the Commission are— to study the overall enforcement strategies, programs and policies of Federal agencies along the United States-Mexico border, including the Department of Homeland Security, Justice and other relevant agencies; to strengthen relations and collaboration between communities in the border regions and the Department of Homeland Security, Justice and other Federal agencies that carry out such strategies, programs and policies; to ensure the strategies, programs and policies of Federal agencies along the United States-Mexico border and the agents and employees charged to implement them protect the due process and civil and human rights of all individuals and communities at and near the border; and to make recommendations to the President and Congress with respect to such strategies, programs, and policies.
The Commission shall be composed of 16 voting members, who shall be appointed as follows: The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members of whom— 1 shall be a local elected official from the State’s border region; 1 shall be a local law enforcement official from the State’s border region; and 2 shall be from the State’s communities of academia, religious leaders, civic leaders or community leaders. 2 nonvoting members, of whom— 1 shall be appointed by the Secretary; and 1 shall be appointed by the Attorney General.
Members of the Commission shall be— individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade and commerce or other pertinent qualifications or experience; and representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico. Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(A) may be members of the same political party.
An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government. All members of the Commission shall be appointed not later than 6 months after the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without the participation of such member. The term of office for members shall be for the life of the Commission, or 3 years, whichever is shorter.
Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. The Commission shall meet and begin the operations of the Commission as soon as practical. After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. The Commission shall formulate and implement an effective outreach strategy to border communities. Nine members of the Commission shall constitute a quorum.
The voting members of the Commission shall elect a Chairman and Vice Chairman from among its members. The term of office shall be for the life of the Commission or by a vote of a minimum of quorum members of the Commission. The Review Commission will have a Federal, regional and local review structure, and will be divided into two subcommittees—one focused on border technology, equipment and infrastructure, and a second to focus on border and immigration enforcement policies and programs.
The Commission shall review, examine, and make recommendations regarding immigration and border enforcement policies, strategies, and programs, including recommendations regarding— the compliance of the Department of Homeland Security and other immigration and border-related agencies with existing laws and regulations; the extent to which agency policies and practices protect the civil rights of migrants and border community residents, including but not limited to the contexts of engagement, detention, apprehension, use of force, definition and use of reasonable suspicion and probable cause, and racial profiling; the frequency, adequacy and effectiveness of human and civil rights training of border enforcement personnel and others from Federal agencies who have contact with the public in the border regions; the complaint process and the extent to which the process is transparent and accessible to the public, investigations are opened as necessary and effectively pursued and complaints are resolved in a timely and transparent manner; the effectiveness and capacity of agency oversight, accountability, and management including prevention and disciplinary policies involving use of force, abuse, malfeasance, corruption and illegal activity; the effect of operations, technology, and enforcement infrastructure along such border on the— environment; crossborder traffic and commerce; privacy rights and other civil liberties; and the quality of life of border communities; the extent to which State and local law enforcement engage in the enforcement of Federal immigration law; the extent of compliance with due process standards and equal protection of the law for immigrants and other individuals at and near the border; whether border policies and agencies are accomplishing their stated goals; and any other matters regarding immigration and border enforcement policies, strategies, and programs the Commission determines appropriate.
The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this title— hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.
A subpoena may be issued under this subsection only— by the agreement of the chairman and the vice chairman; or by the affirmative vote of 6 members of the Commission. Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by the court as a contempt of that court. The Commission has the ability to make recommendations to the Secretary of Homeland Security on the disposition of cases and discipline of personnel under the Immigration and Naturalization Act. Within 180 days of receipt of a Commission report, the Secretary of Homeland Security shall issue a response, which shall describe how the Department of Homeland Security, the Department of Justice, and the Department of Defense have addressed the recommendation.
The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission.
Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.
The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. Members of the Commission shall serve without pay. All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by them in the performance of their duties. The Commission shall establish a process and criteria by which Commission members receive orientation and training on human, constitutional and civil rights.
Not later than 2 years after the date of the first meeting called pursuant to (a)(8)(A), the Commission shall submit a report to the President and Congress that contains— findings with respect to the duties of the Commission; recommendations regarding border and immigration enforcement policies, strategies, and programs; suggestions for the implementation of the Commission’s recommendations; and a recommendation as to whether the Commission should continue to exist after the date of termination described in subsection (g), and if so, a description of the purposes and duties recommended to be carried out by the Commission after such date.
There are authorized to be appropriated such sums as may be necessary to carry out this section. Unless the Commission is reauthorized by Congress, the Commission shall terminate on the date that is 60 days after the date the Commission submits the report described in subsection (f).