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S. 3891IntroducedSenate · nowHousePresidentLawIn committee
Sec. 5 · S. 3891

Personnel

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(a) Appointment of monitors Not later than 30 days after the date of the enactment of this Act, 4 monitors shall be appointed to the Commission, of whom— (1) 1 monitor shall be appointed by the Speaker of the House of Representatives, with the consent of the minority leader of the House of Representatives; (2) 1 monitor shall be appointed by the minority leader of the House of Representatives, with the consent of the Speaker of the House of Representatives; (3) 1 monitor shall be appointed by the majority leader of the Senate, with the consent of the minority leader of the Senate; and (4) 1 monitor shall be appointed by the minority leader of the Senate, with the consent of the majority leader of the Senate. (b) Qualifications (1) Expertise Each monitor shall have significant depth of experience and nationally recognized expertise in a relevant field, such as civil rights enforcement (including rights guaranteed under the First, Fourth, and Fourteenth Amendments to the Constitution of the United States), law enforcement best practices, immigration law, Department of Homeland Security operations, and monitoring and evaluation. (2) Nongovernmental appointees No monitor appointed to the Commission, no Executive Director, and no staff of the Commission may hold any other office or employment with the Federal Government or any State or local government while working for the Commission. (3) Conflict of interest No individual serving as a monitor, no Executive Director, and no staff of the Commission may have any conflict of interest with respect to any aspect of performing their duties and responsibilities on the Commission. (4) Eligibility for security clearances Every monitor and staff member shall— (A) be eligible to receive a security clearance of a level adequate to access all Department of Homeland Security systems that the Commission determines to be relevant to carrying out its duties; or (B) if the monitor or staff member lacks the requisite security clearance, begin the process of obtaining a security clearance upon joining the Commission. (5) Training Each monitor and staff member shall receive training on protecting the integrity of ongoing and future civil and criminal investigations into matters under the Commission’s purview. (c) Term Each monitor shall serve a 5-year term. If a monitor departs before the end of his or her term, a new monitor shall be appointed in his or her place within 30 days of such departure, using the same appointment process as used for the departing monitor. (d) Compensation Each monitor shall perform full-time services and be paid at the annual rate of basic pay for level I of the Executive Schedule. (e) Staffing (1) In general The Commission, at the direction of the Executive Director, shall hire appropriate staff members to enable the Commission to carry out its duties. (2) Executive director Not later than 30 days after all monitors have been appointed to the Commission, the monitors shall jointly select an individual with demonstrated, nationally recognized expertise in law enforcement best practices to serve as Executive Director of the Commission and to guide the daily operations of the Commission’s monitoring functions.