On page 14, Section 4 of the bill, it states that if the Department of Homeland Security certifies that it "has not achieved effective control in all high risk border sectors during any fiscal year beginning before the date that is 5 years after the date of the enactment of this Act, not later than 60 days after the date of certification there shall be established a commission to be known as the 'Southern Border Security Commission.'" The six-member commission would be appointed -- two each -- by the president, and by the leadership in the House and the Senate.
Under Section 2, Qualification for Appointment to the commission, the bill states members “shall be distinguished individuals noted for their knowledge and experience in the field of border security at the federal, state or local level.” The “primary responsibility” of the commission would be to make recommendations to the president and to Congress “on policies to achieve and maintain the border security goal specified” in section 3(b) of the legislation. This would include achieving and maintaining the capability to engage in “persistent surveillance in high-risk border sectors along the Southern border” and attain “an effectiveness rate of 90 percent or higher in all high-risk border sectors along the Southern border.”
The commission would also be required to issue a report “not later than 180 days after the end of the 5-year period described” detailing its recommendations for achieving 90 percent border security in all the high-risk areas. Members of the commission will be allowed “travel expenses, including per diem in lieu of subsistence rates” as provided for federal workers under the United States Code, according to the bill. The commission, under the law as currently written, would be terminated 30 days after the report is submitted to the president, the DHS secretary and Congress. In addition, the comptroller general of the United States will review the commission’s report to determine whether any of the recommendations will work and “whether such recommendations are feasible within existing budget constraints.”
The Gang of Eight members in the Senate include four Democrats and four Republicans: Sens. Michael Bennett (D-Colo.), Dick Durbin (D-Ill.), Bob Menendez (D-N.J.), Chuck Schumer (D-N.Y.), Jeff Flake (R-Ariz.), Lindsey Graham (R-S.C.), John McCain (R-Ariz.), and Marco Rubio (R-Fla.). Their immigration legislation is entitled, "Border Security, Economic Opportunity, and Immigration Modernization Act."
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