Sec. 2. Stakeholder and community engagement

1,124 words·~5 min read·/bill/113/hr/4303/ih/section-2

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There is established an independent commission, which shall be known as the Department of Homeland Security Border Oversight Commission (in this Act referred to as the Commission ). The Commission shall be led by a Chair and Vice Chair. The Chair shall establish within the Commission two subcommittees that will be comprised of representatives from each State on the northern border and each State on the southern border. The northern border subcommittee shall consist of ten members from the northern border region, including at least one uniformed agent or officer of U.S.

Customs and Border Protection, in accordance with subparagraph (C). The southern border subcommittee shall consist of ten members from the southern border region, including at least one uniformed agent or officer of U.S. Customs and Border Protection, in accordance with subparagraph (C). Members of the northern and southern border subcommittees shall elect the Chair and Vice Chair of the Commission from among its members. The Chair and Vice Chair may not be from the same subcommittee.

Members of the Commission shall be appointed as follows: The President shall appoint four representatives from the northern border region and four representatives from the southern border region. The House Speaker shall appoint three representatives from the northern border region and three representatives from the southern border region. The Senate Majority Leader shall appoint three representatives from the northern border region and three representatives from the southern border region.

Members of the Commission shall be appointed not later than 180 days after the date of the enactment of this Act. The Chair and Vice Chair of the Commission shall serve for terms of four years. Members of the northern border and southern border subcommittees shall serve for terms of four years. Membership on the Commission and its subcommittees shall to the greatest extent possible include security experts, training experts, civil rights and civil liberties experts, representatives of faith based organizations, officials from local law enforcement on the northern and southern borders, officials from local government on the northern and southern borders, and business and civic organizations along the northern and southern borders.

The Commission shall meet at least semiannually, and may convene additional meetings as necessary. The northern border and southern border subcommittees shall meet at least quarterly, and may convene additional meetings as necessary. The Commission, and the northern border and southern border subcommittees, shall— develop recommendations for improvements regarding border enforcement policies, strategies, and programs that take into consideration their impact on border communities; evaluate policies, strategies, and programs of Federal agencies operating along the northern and southern borders to— protect— due process; the civil and human rights of border residents and visitors; and private property rights of land owners; reduce the number of migrant deaths; and improve the safety of agents and officers of U.S.

Customs and Border Protection; develop recommendations for improvements regarding the safety of agents and officers of U.S. Customs and Border Protection when such agents and officers are in the field; and evaluate training, including establishing training courses related to management and leadership skills for supervisors in each Border Patrol sector and at each port of entry on the northern and southern borders, the extent to which supervisory and management personnel practices at U.S.

Customs and Border Protection encourage and facilitate workforce development for agents and officers, promote agent and officer field safety, and post-FLETC training of border enforcement personnel in accordance with section 6. In carrying out the duties specified in paragraph (5), the Commission shall take into consideration any recommendations and evaluations agreed upon by the northern border and southern border subcommittees. The northern border and southern border subcommittees shall annually submit to the Chair and Vice Chair of the Commission a publically available report containing the recommendations and evaluations of the subcommittees pursuant to paragraph (5).

Members of the Commission and the northern border and southern border subcommittees may not receive pay, allowances, or benefits from the Government by reason of their service on the Commission or the subcommittees. The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act— hold such hearings, and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, and subject to subparagraph (B), 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 determines necessary to carry out its duties under subsection (a)(5).

A subpoena may be issued under this subsection only by— the Chair and Vice Chair of the Commission; or a recorded vote of two-thirds of the members of the northern border or southern border subcommittees, as the case may be. Subpoenas issued under this subsection may be served by— any person designated by the Chair or the Vice Chair of the Commission; or any member of the Commission designated by a majority of the Commission. In the case of contumacy or failure to obey a subpoena issued under this subsection, 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 contempt of that court. In the case of any failure of an individual to comply with any subpoena issued under this section, the Commission, may, by a majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney. A subpoena may be issued only if the Commission certifies to the Secretary of Homeland Security that such issuance is necessary to carry out its duties under subsection (a)(5), and that all reasonable efforts will be taken to limit the disclosure of personally identifiable information to the greatest extent possible.

Nothing in this Act may be construed as affecting in any manner the investigative and disciplinary procedures of U.S. Customs and Border Protection or the Department of Homeland Security with respect to agents and officers of U.S. Customs and Border Protection. The Commission shall annually submit to the Secretary of Homeland Security a publically available report containing information on the activities, findings, and recommendations of the Commission, including the northern border and southern border subcommittees, for the preceding year.

The Secretary of Homeland Security shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on each report required under paragraph (1).