Sec. 138. UNITED STATES-MEXICO BORDER ENFORCEMENT REVIEW COMMISSION. (a) Establishment of Commission.-
(1) IN GENERAL-There is established an independent commission to be known as the United States-Mexico Border Enforcement Review Commission (referred to in this section as the "Commission").
(2) PURPOSES-The purposes of the Commission are-
(A) to study the overall enforcement strategies, programs and policies of Federal agencies along theUnited States-Mexico border; and
(B) to make recommendations to the President and Congress with respect to such strategies, programs and policies.
(3) MEMBERSHIP-The Commission shall be composed of 17 voting members, who shall be appointed as follows:
(A) The Governors of the States of California, New Mexico, Arizona, and Texas shall each appoint 4 voting members of whom-
(i) 1 shall be a local elected official from the State's border region;
(ii) 1 shall be a local law enforcement official from the State's border region; and
(iii) 2 shall be from the State's communities of academia, religious leaders, civic leaders or community leaders.
(B) 2 nonvoting members, of whom-
(i) 1 shall be appointed by the Secretary;
(ii) 1 shall be appointed by the Attorney General; and
(iii) 1 shall be appointed by the Secretary of State.
(4) QUALIFICATIONS-
(A) IN GENERAL-Members of the Commission shall be-
(i) 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
(ii) representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico;
(B) POLITICAL AFFILIATION-Not more than 2 members of the Commission appointed by each Governor under paragraph (3)(A) may be members of the same political party.
(C) NONGOVERNMENTAL APPOINTEES-An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government.
(5) DEADLINE FOR APPOINTMENT-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.
(6) TERM OF SERVICE-The term of office for members shall be for life of the Commission.
(7) VACANCIES-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.
(8) MEETINGS-
(A) INITIAL MEETING-The Commission shall meet and begin the operations of the Commission as soon as practicable.
(B) SUBSEQUENT MEETINGS-After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members.
(9) QUORUM-Nine members of the Commission shall constitute a quorum.
(10) CHAIR AND VICE CHAIR-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.
(b) Duties-The Commission shall review, examine, and make recommendations regarding border enforcement policies, strategies, and programs, including recommendations regarding-
(1) the protection of human and civil rights of community residents and migrants along the international border between the United States and Mexico;
(2) the adequacy and effectiveness of human and civil rights training of enforcement personnel on such border;
(3) the adequacy of the complaint process within the agencies and programs of the Department that areemployed when an individual files a grievance;
(4) the effect of the operations, technology, and enforcement infrastructure along such border on the-
(A) environment;
(B) cross border traffic and commerce; and
(C) the quality of life of border communities;
(5) local law enforcement involvement in the enforcement of Federal immigration law; and
(6) any other matters regarding border enforcement policies, strategies, and programs the Commission determines appropriate.
(c) Information and Assistance From Federal Agencies.-
(1) INFORMATION FROM FEDERAL AGENCIES-The Commission may seek directly from any department or agency of the United States such information, including suggestions, estimates, and statistics, as allowed by law and as the Commission considers necessary to carry out the provisions of this section. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission.
(2) ASSISTANCE FROM FEDERAL AGENCIES-The Administrator of General Services shall, on a reimbursable basis, provide the Commission with administrative support and other services for the performance of the Commission's functions. The departments and agencies of the United States may provide the Commission with such services, funds, facilities, staff, and other support services as they determine advisable and as authorized by law.
(d) Compensation-
(1) IN GENERAL-Members of the Commission shall serve without pay.
(2) REIMBURSEMENT OF EXPENSES-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.
(e) Report-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-
(1) findings with respect to the duties of the Commission;
(2) recommendations regarding border enforcement policies, strategies, and programs;
(3) suggestions for the implementation of theCommission's recommendations; and
(4) 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.
(f) Authorization of Appropriations-There are authorized to be appropriated such sums as may be necessary to carry out this section.
(g) Sunset-Unless the Commission is reauthorized by Congress, the Commission shall terminate on the date that is 90 days after the date the Commission submits the report described in subsection (e).
