Accountability for Migrant Deaths Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3660 To direct the Secretary of Homeland Security and the Secretary of Health and Human Services to notify Congress of each foreign national who dies in the custody of the Secretary, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 9, 2019 Mrs. TRAHAN (for herself and Ms. MUCARSEL-POWELL) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Homeland Security and the Sec- retary of Health and Human Services to notify Congress of each foreign national who dies in the custody of the Secretary, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Accountability for Mi- 4 grant Deaths Act of 2019’’. 5 VerDate Sep 11 2014 02:22 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3660.IH H3660 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3660 IH SEC. 2. CONGRESSIONAL NOTIFICATION OF FOREIGN NA- 1 TIONAL DEATHS IN CUSTODY. 2 Not later than 24 hours after a foreign national dies 3 while in the custody of the Secretary of Homeland Secu- 4 rity or the Secretary of Health and Human Services, the 5 appropriate Secretary shall notify Congress of such death, 6 which notification shall include a description of the cir- 7 cumstances of such death. 8 SEC. 3. LIMITATION ON THE ASSERTION OF EXECUTIVE 9 PRIVILEGE. 10 The Secretary of Homeland Security and the Sec- 11 retary of Health and Human Services may not assert Ex- 12 ecutive privilege with respect to testimony before a com- 13 mittee of the House of Representatives or of the Senate 14 related to a death described in section 2. 15 SEC. 4. COMMITTEE HEARINGS ON FOREIGN NATIONAL 16 DEATHS IN CUSTODY REQUIRED IN THE 17 HOUSE. 18 (a) AMENDMENT TO THE RULES OF THE HOUSE OF 19 REPRESENTATIVES.—Rule XI of the Rules of the House 20 of Representatives is amended by adding at the end the 21 following new clause: 22 ‘‘Committee hearings on foreign national deaths in 23 custody required 24 ‘‘(7) Not later than one week after receiving a notifi- 25 cation under section 1 of the Accountability for Migrant 26 VerDate Sep 11 2014 02:22 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3660.IH H3660 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3660 IH Deaths Act of 2019 that a foreign national died while in 1 the custody of the Secretary of Homeland Security or the 2 Secretary of Health and Human Services, the chair of the 3 Committee on Oversight and Reform or another standing 4 committee of jurisdiction shall convene a hearing to re- 5 ceive testimony from appropriate agency officials related 6 to the death.’’. 7 (b) EXERCISE OF RULEMAKING POWER.—The provi- 8 sions of this section are enacted by the Congress— 9 (1) as an exercise of the rulemaking power of 10 the House of Representatives, and as such they shall 11 be considered as part of the rules of the House, and 12 such rules shall supersede other rules only to the ex- 13 tent that they are inconsistent therewith; and 14 (2) with full recognition of the constitutional 15 right of the House of Representatives to change 16 such rules at any time, in the same manner, and to 17 the same extent as in the case of any other rule of 18 the House. 19 SEC. 5. FOREIGN NATIONAL. 20 In determining the meaning of any Act of Congress, 21 or of any ruling, regulation, or interpretation of various 22 administrative bureaus and agencies of the United States, 23 the term ‘‘foreign national’’ means any individual other 24 than an individual— 25 VerDate Sep 11 2014 02:22 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3660.IH H3660 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3660 IH (1) who is a citizen of the United States; or 1 (2) though not a citizen of the United States, 2 who owes permanent allegiance to the United States. 3 Æ VerDate Sep 11 2014 02:22 Jul 17, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3660.IH H3660 pamtmann on DSKBFK8HB2PROD with BILLS