Sec. 4. Establishment of Border Security Verification Commission
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There is established a Border Security Verification Commission (in this Act referred to as the BSVC ). The BSVC shall certify the accuracy of the notifications regarding situational awareness and operational control required from the Secretary pursuant to section 3(n). The BSVC shall be composed of— the head of a national laboratory within the Department of Homeland Security laboratory network with prior expertise in border security, appointed by the President, in coordination with the Speaker and minority leader of the House of Representatives and the majority and minority leaders of the Senate; the head of a border security university-based center within the Department of Homeland Security Centers of Excellence network, appointed by the President, in coordination with the Speaker and minority leader of the House of Representatives and the majority and minority leaders of the Senate; and three individuals, appointed by the President, based on the recommendations of the special congressional commission on border security established pursuant to subsection (d).
There is established a special congressional commission on border security (in this subsection referred to as the commission ). The commission shall determine the criteria for making recommendations for the individuals to be appointed by the President under subsection (c)(3), and shall recommend not more than five individuals for such appointments. The commission shall consist of— the Speaker and minority leader of the House of Representatives; the majority and minority leaders of the Senate; the chairman and ranking member of the Committee on Homeland Security of the House of Representatives; and the chairman and ranking member of the Committee on Homeland Security and Governmental Affairs of the Senate.
The commission may make a recommendation to the President concerning an individual referred to in subsection (c)(3) only if such recommendation is approved by a majority vote of the full membership of the commission. In the event of a tie vote of the commission during its consideration of whether or not to recommend an individual to the President under paragraph (1), the Speaker of the House of Representatives shall cast the deciding vote. The individuals referred to in subsection (c)(3) shall have a minimum of five years professional experience in law enforcement and border security.
The BSVC shall be chaired by the individual referred to in subsection (c)(1). The members of the BSVC shall be appointed not later than 60 days after the date of the enactment of this Act. Members of the BSVC may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the BSVC. Members of the BSVC may not be current Federal employees or current Members of Congress. A member or employee of the BSVC shall receive an appropriate security clearance, as determined by the BSVC in consultation with the Secretary of Homeland Security, that is commensurate with the sensitivity of the classified information to which such member or employee will be given access by reason of membership in or employment by the BSVC.
The BSVC shall meet on the call of the chairperson. The BSVC shall meet and begin operations not later than 180 days after the date of the enactment of this Act. The BSVC shall hold not fewer than two public hearings each calendar year. In holding the hearings required under paragraph (1), the BSVC shall request the public testimony of Federal, State, and local officials, and any private citizen or organization the BSVC determines is relevant to carrying out its mission. Four members of the BSVC shall constitute a quorum to conduct business, but the BSVC may establish a lesser quorum for conducting hearings scheduled by the BSVC.
The BSVC may establish by majority vote any other rules for the conduct of business, if such rules are not inconsistent with this Act. Any vacancy in the membership of the BSVC shall be filled within 60 days and in the same manner as the original appointment. The members of the BSVC shall be allowed travel expenses, including per diem in lieu of subsistence, at 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 service for the BSVC.
With the affirmative vote of four of the members of the BSVC, any Federal Government employee, with the approval of the head of the appropriate Federal agency or congressional office, may be detailed to the BSVC without reimbursement, and such detail shall be without interruption or loss of civil service status, salary, benefits, or privileges. Upon the request of the BSVC, the Secretary of Homeland Security shall provide reasonable and appropriate office space, supplies, and administrative assistance.
The BSVC shall terminate after determining the accuracy of the tenth annual metrics submission required under subsection (n)(2) of section 3.