National Commission To Investigate the Treatment of Migrant Families and Children Act of 2019.

I 116TH CONGRESS 1ST SESSION H. R. 3777 To establish a National Commission to investigate the treatment of migrant families and children by the Trump Administration. IN THE HOUSE OF REPRESENTATIVES JULY 16, 2019 Ms. CLARKE of New York (for herself and Mr. THOMPSON of Mississippi) in- troduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To establish a National Commission to investigate the treat- ment of migrant families and children by the Trump Administration. 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 ‘‘National Commission 4 To Investigate the Treatment of Migrant Families and 5 Children Act of 2019.’’ 6 VerDate Sep 11 2014 20:55 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 2 •HR 3777 IH SEC. 2. ESTABLISHMENT OF COMMISSION. 1 There is established in the legislative branch the Na- 2 tional Commission to Investigate the Treatment of Mi- 3 grant Families and Children By the Trump Administra- 4 tion (in this Act referred to as the ‘‘Commission’’). 5 SEC. 3. PURPOSES. 6 The purposes of the Commission are to— 7 (1) examine the handling of migrant families 8 and children apprehended along the United States- 9 Mexico border by U.S. Customs and Border Protec- 10 tion since January 2017; 11 (2) ascertain, evaluate, and report on the evi- 12 dence developed by all relevant governmental agen- 13 cies regarding the facts and circumstances sur- 14 rounding the handling by the Departments of Home- 15 land Security and Health and Human Services of 16 migrant families and children who were apprehended 17 at the southern border since January 2017; 18 (3) build upon the investigations of other enti- 19 ties, and avoid unnecessary duplication, by reviewing 20 the findings, conclusions, and recommendations of— 21 (A) Department of Homeland Security Of- 22 fice of Inspector General; 23 (B) Department of Health and Human 24 Services Office of Inspector General; and 25 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 3 •HR 3777 IH (C) other executive branch, congressional, 1 or independent investigations into the treatment 2 of and detention conditions for migrant families 3 and children apprehended at the southern bor- 4 der by the Department of Homeland Security 5 since January 2017; 6 (4) make a full and complete accounting of the 7 handling of the migrant families and children appre- 8 hended at the southern border since January 2017; 9 and 10 (5) investigate and report to the President and 11 Congress on its findings, conclusions, and rec- 12 ommendations for corrective measures. 13 SEC. 4. COMPOSITION OF THE COMMISSION; QUALIFICA- 14 TIONS. 15 (a) MEMBERS.—The Commission shall be composed 16 of 10 members, of whom— 17 (1) one member shall be appointed by the lead- 18 er of the House of Representatives of the Demo- 19 cratic Party (majority or minority leader, as the case 20 may be), with the concurrence of the leader of the 21 Senate of the Democratic party (majority or minor- 22 ity leader as the case may be), who shall serve as 23 chairman of the Commission; 24 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 4 •HR 3777 IH (2) two members shall be appointed by the sen- 1 ior member of the Senate leadership of the Demo- 2 cratic party; 3 (3) three members shall be appointed by the 4 senior member of the Senate leadership of the Re- 5 publican party; 6 (4) three members shall be appointed by the 7 senior member of the leadership of the House of 8 Representatives of the Democratic party; and 9 (5) one member shall be appointed by the sen- 10 ior member of the leadership of the House of Rep- 11 resentatives of the Republican party. 12 (b) QUALIFICATIONS.—Each individual appointed to 13 the Commission must have expertise and experience in at 14 least one of the following areas: 15 (1) immigration law, particularly experience 16 representing asylees; 17 (2) public health; 18 (3) child welfare; 19 (4) civil rights; 20 (5) as a representative of a humanitarian orga- 21 nization that gives assistance to individuals crossing 22 the southern border; or 23 (6) as a local official from a border community 24 on the southern border of the United States. 25 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 5 •HR 3777 IH SEC. 5. FUNCTIONS OF COMMISSION. 1 The functions of the Commission are to— 2 (1) investigate the relevant facts and cir- 3 cumstances related to the handling by the Depart- 4 ments of Homeland Security and Health and 5 Human Services of the migrant families and chil- 6 dren apprehended at the southern border since Jan- 7 uary 2017, including any relevant legislation, Execu- 8 tive order, regulation, plan, policy, practice, or pro- 9 cedure; 10 (2) identify, review, and evaluate the lessons 11 learned from the handling by the Departments of 12 Homeland Security and Health and Human Services 13 of the migrant families and children apprehended at 14 the southern border since January 2017, regarding 15 the structure, coordination, management policies, 16 and procedures of the Federal Government, and, if 17 appropriate, State and local governments and non- 18 governmental entities, relative to providing timely, 19 effective, and humane treatment of migrant families 20 and unaccompanied alien children seeking asylum in 21 the United States; and 22 (3) submit to the President and Congress such 23 reports as are required by this title containing such 24 findings, conclusions, and recommendations as the 25 Commission shall determine, including proposing or- 26 VerDate Sep 11 2014 02:27 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 6 •HR 3777 IH ganization, coordination, planning, management ar- 1 rangements, procedures, rules, and regulations. 2 SEC. 6. POWERS OF COMMISSION. 3 (a) IN GENERAL.— 4 (1) HEARINGS AND EVIDENCE.—The Commis- 5 sion or, on the authority of the Commission, any 6 subcommittee or member thereof, may, for the pur- 7 pose of carrying out this title— 8 (A) hold such hearings and sit and act at 9 such times and places, take such testimony, re- 10 ceive such evidence, administer such oaths; and 11 (B) subject to paragraph (2)(A), require, 12 by subpoena or otherwise, the attendance and 13 testimony of such witnesses and the production 14 of such books, records, correspondence, memo- 15 randa, papers, and documents, as the Commis- 16 sion or such designated subcommittee or des- 17 ignated member may determine advisable. 18 (2) SUBPOENAS.— 19 (A) ISSUANCE.— 20 (i) IN GENERAL.—A subpoena may be 21 issued under this subsection only— 22 (I) by the agreement of the 23 chairman and the vice chairman; or 24 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 7 •HR 3777 IH (II) by the affirmative vote of 6 1 members of the Commission. 2 (ii) SIGNATURE.—Subject to clause 3 (i), subpoenas issued under this subsection 4 may be issued under the signature of the 5 chairman or any member designated by a 6 majority of the Commission, and may be 7 served by any person designated by the 8 chairman or by a member designated by a 9 majority of the Commission. 10 (B) ENFORCEMENT.— 11 (i) IN GENERAL.—In the case of con- 12 tumacy or failure to obey a subpoena 13 issued under subsection (a), the United 14 States district court for the judicial district 15 in which the subpoenaed person resides, is 16 served, or may be found, or where the sub- 17 poena is returnable, may issue an order re- 18 quiring such person to appear at any des- 19 ignated place to testify or to produce docu- 20 mentary or other evidence. Any failure to 21 obey the order of the court may be pun- 22 ished by the court as a contempt of that 23 court. 24 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 8 •HR 3777 IH (ii) ADDITIONAL ENFORCEMENT.—In 1 the case of any failure of any witness to 2 comply with any subpoena or to testify 3 when summoned under authority of this 4 section, the Commission may, by majority 5 vote, certify a statement of fact consti- 6 tuting such failure to the appropriate 7 United States attorney, who may bring the 8 matter before the grand jury for its action, 9 under the same statutory authority and 10 procedures as if the United States attorney 11 had received a certification under sections 12 102 through 104 of the Revised Statutes 13 of the United States (2 U.S.C. 192 14 through 194). 15 (b) CONTRACTING.—The Commission may, to such 16 extent and in such amounts as are provided in appropria- 17 tion Acts, enter into contracts to enable the Commission 18 to discharge its duties under this title. 19 (c) INFORMATION FROM FEDERAL AGENCIES.— 20 (1) IN GENERAL.—The Commission is author- 21 ized to secure directly from any executive depart- 22 ment, bureau, agency, board, commission, office, 23 independent establishment, or instrumentality of the 24 Government, information, suggestions, estimates, 25 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 9 •HR 3777 IH and statistics for the purposes of this title. Each de- 1 partment, bureau, agency, board, commission, office, 2 independent establishment, or instrumentality shall, 3 to the extent authorized by law, furnish such infor- 4 mation, suggestions, estimates, and statistics di- 5 rectly to the Commission, upon request made by the 6 chairman, the chairman of any subcommittee cre- 7 ated by a majority of the Commission, or any mem- 8 ber designated by a majority of the Commission. 9 (2) RECEIPT, HANDLING, STORAGE, AND DIS- 10 SEMINATION.—Information shall only be received, 11 handled, stored, and disseminated by members of 12 the Commission and its staff consistent with all ap- 13 plicable statutes, regulations, and Executive orders. 14 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 15 (1) GENERAL SERVICES ADMINISTRATION.— 16 The Administrator of General Services shall provide 17 to the Commission on a reimbursable basis adminis- 18 trative support and other services for the perform- 19 ance of the Commission’s functions. 20 (2) OTHER DEPARTMENTS AND AGENCIES.—In 21 addition to the assistance prescribed in paragraph 22 (1), departments and agencies of the United States 23 may provide to the Commission such services, funds, 24 facilities, staff, and other support services as they 25 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 10 •HR 3777 IH may determine advisable and as may be authorized 1 by law. 2 SEC. 7. PUBLIC MEETINGS AND RELEASE OF PUBLIC 3 VERSIONS OF REPORTS. 4 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC 5 VERSIONS OF REPORTS.—The Commission shall— 6 (1) hold public hearings and meetings to the ex- 7 tent appropriate; and 8 (2) release public versions of the reports re- 9 quired under section 110(a) and (b). 10 (b) PUBLIC HEARINGS.—Any public hearings of the 11 Commission shall be conducted in a manner consistent 12 with the protection of information provided to or developed 13 for or by the Commission as required by any applicable 14 statute, regulation, or Executive order. 15 SEC. 8. STAFF OF COMMISSION. 16 (a) IN GENERAL.— 17 (1) APPOINTMENT AND COMPENSATION.—The 18 chairman, in consultation with vice chairman, in ac- 19 cordance with rules agreed upon by the Commission, 20 may appoint and fix the compensation of a staff di- 21 rector and such other personnel as may be necessary 22 to enable the Commission to carry out its functions, 23 without regard to the provisions of title 5, United 24 States Code, governing appointments in the competi- 25 VerDate Sep 11 2014 02:27 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 11 •HR 3777 IH tive service, and without regard to the provisions of 1 chapter 51 and subchapter III of chapter 53 of such 2 title relating to classification and General Schedule 3 pay rates, except that no rate of pay fixed under this 4 subsection may exceed the equivalent of that payable 5 for a position at level V of the Executive Schedule 6 under section 5316 of title 5, United States Code. 7 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 8 (A) IN GENERAL.—The executive director 9 and any personnel of the Commission who are 10 employees shall be employees under section 11 2105 of title 5, United States Code, for pur- 12 poses of chapters 63, 81, 83, 84, 85, 87, 89, 13 and 90 of that title. 14 (B) MEMBERS OF COMMISSION.—Subpara- 15 graph (A) shall not be construed to apply to 16 members of the Commission. 17 (b) DETAILEES.—Any Federal Government employee 18 may be detailed to the Commission without reimbursement 19 from the Commission, and such detailee shall retain the 20 rights, status, and privileges of his or her regular employ- 21 ment without interruption. 22 (c) CONSULTANT SERVICES.—The Commission is au- 23 thorized to procure the services of experts and consultants 24 in accordance with section 3109 of title 5, United States 25 VerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777 jbell on DSK3GLQ082PROD with BILLS 12 •HR 3777 IH Code, but at rates not to exceed the daily rate paid a per- 1 son occupying a position at level IV of the Executive 2 Schedule under section 5315 of title 5, United States 3 Code. 4 SEC. 9. COMPENSATION AND TRAVEL EXPENSES. 5 Each member of the Commission may be com- 6 pensated at not to exceed the daily equivalent of the an- 7 nual rate of basic pay in effect for a position at level IV 8 of the Executive Schedule under section 5315 of title 5, 9 United States Code, for each day during which that mem- 10 ber is engaged in the actual performance of the duties of 11 the Commission. 12 SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEM- 13 BERS AND STAFF. 14 The appropriate Federal agencies or department [Text truncated for display. Full text available on Congress.gov.]