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) introduced 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 committee concerned 

A BILL 

To establish a National Commission to investigate the treatment of migrant families and children by the Trump 

Administration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Commission 

5 To Investigate the Treatment of Migrant Families and 

6 Children Act of 2019.’’ 


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1 SEC. 2. ESTABLISHMENT OF COMMISSION. 

2 There is established in the legislative branch the Na3 tional Commission to Investigate the Treatment of Mi4 grant Families and Children By the Trump Administra5 tion (in this Act referred to as the ‘‘Commission’’). 

6 SEC. 3. PURPOSES. 

7 The purposes of the Commission are to— 

8 (1) examine the handling of migrant families 

9 and children apprehended along the United States10 Mexico border by U.S. Customs and Border Protec11 tion since January 2017; 

12 (2) ascertain, evaluate, and report on the evi13 dence developed by all relevant governmental agen14 cies regarding the facts and circumstances sur15 rounding the handling by the Departments of Home16 land Security and Health and Human Services of 

17 migrant families and children who were apprehended 

18 at the southern border since January 2017; 

19 (3) build upon the investigations of other enti20 ties, and avoid unnecessary duplication, by reviewing 

21 the findings, conclusions, and recommendations of— 

22 (A) Department of Homeland Security Of23 fice of Inspector General; 

24 (B) Department of Health and Human 

25 Services Office of Inspector General; and 


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1 (C) other executive branch, congressional, 

2 or independent investigations into the treatment 

3 of and detention conditions for migrant families 

4 and children apprehended at the southern bor5 der by the Department of Homeland Security 

6 since January 2017; 

7 (4) make a full and complete accounting of the 

8 handling of the migrant families and children appre9 hended at the southern border since January 2017; 

10 and 

11 (5) investigate and report to the President and 

12 Congress on its findings, conclusions, and rec13 ommendations for corrective measures. 

14 SEC. 4. COMPOSITION OF THE COMMISSION; QUALIFICA15 TIONS. 

16 (a) MEMBERS.—The Commission shall be composed 

17 of 10 members, of whom— 

18 (1) one member shall be appointed by the lead19 er of the House of Representatives of the Demo20 cratic Party (majority or minority leader, as the case 

21 may be), with the concurrence of the leader of the 

22 Senate of the Democratic party (majority or minor23 ity leader as the case may be), who shall serve as 

24 chairman of the Commission; 


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1 (2) two members shall be appointed by the sen2 ior member of the Senate leadership of the Demo3 cratic party; 

4 (3) three members shall be appointed by the 

5 senior member of the Senate leadership of the Re6 publican party; 

7 (4) three members shall be appointed by the 

8 senior member of the leadership of the House of 

9 Representatives of the Democratic party; and 

10 (5) one member shall be appointed by the sen11 ior member of the leadership of the House of Rep12 resentatives of the Republican party. 

13 (b) QUALIFICATIONS.—Each individual appointed to 

14 the Commission must have expertise and experience in at 

15 least one of the following areas: 

16 (1) immigration law, particularly experience 

17 representing asylees; 

18 (2) public health; 

19 (3) child welfare; 

20 (4) civil rights; 

21 (5) as a representative of a humanitarian orga22 nization that gives assistance to individuals crossing 

23 the southern border; or 

24 (6) as a local official from a border community 

25 on the southern border of the United States. 


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1 SEC. 5. FUNCTIONS OF COMMISSION. 

2 The functions of the Commission are to— 

3 (1) investigate the relevant facts and cir4 cumstances related to the handling by the Depart5 ments of Homeland Security and Health and 

6 Human Services of the migrant families and chil7 dren apprehended at the southern border since Jan8 uary 2017, including any relevant legislation, Execu9 tive order, regulation, plan, policy, practice, or pro10 cedure; 

11 (2) identify, review, and evaluate the lessons 

12 learned from the handling by the Departments of 

13 Homeland Security and Health and Human Services 

14 of the migrant families and children apprehended at 

15 the southern border since January 2017, regarding 

16 the structure, coordination, management policies, 

17 and procedures of the Federal Government, and, if 

18 appropriate, State and local governments and non19 governmental entities, relative to providing timely, 

20 effective, and humane treatment of migrant families 

21 and unaccompanied alien children seeking asylum in 

22 the United States; and 

23 (3) submit to the President and Congress such 

24 reports as are required by this title containing such 

25 findings, conclusions, and recommendations as the 

26 Commission shall determine, including proposing orVerDate Sep 11 2014 02:27 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777

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1 ganization, coordination, planning, management ar2 rangements, procedures, rules, and regulations. 

3 SEC. 6. POWERS OF COMMISSION. 

4 (a) IN GENERAL.— 

5 (1) HEARINGS AND EVIDENCE.—The Commis6 sion or, on the authority of the Commission, any 

7 subcommittee or member thereof, may, for the pur8 pose of carrying out this title— 

9 (A) hold such hearings and sit and act at 

10 such times and places, take such testimony, re11 ceive such evidence, administer such oaths; and 

12 (B) subject to paragraph (2)(A), require, 

13 by subpoena or otherwise, the attendance and 

14 testimony of such witnesses and the production 

15 of such books, records, correspondence, memo16 randa, papers, and documents, as the Commis17 sion or such designated subcommittee or des18 ignated member may determine advisable. 

19 (2) SUBPOENAS.— 

20 (A) ISSUANCE.— 

21 (i) IN GENERAL.—A subpoena may be 

22 issued under this subsection only— 

23 (I) by the agreement of the 

24 chairman and the vice chairman; or 


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1 (II) by the affirmative vote of 6 

2 members of the Commission. 

3 (ii) SIGNATURE.—Subject to clause 

4 (i), subpoenas issued under this subsection 

5 may be issued under the signature of the 

6 chairman or any member designated by a 

7 majority of the Commission, and may be 

8 served by any person designated by the 

9 chairman or by a member designated by a 

10 majority of the Commission. 

11 (B) ENFORCEMENT.— 

12 (i) IN GENERAL.—In the case of con13 tumacy or failure to obey a subpoena 

14 issued under subsection (a), the United 

15 States district court for the judicial district 

16 in which the subpoenaed person resides, is 

17 served, or may be found, or where the sub18 poena is returnable, may issue an order re19 quiring such person to appear at any des20 ignated place to testify or to produce docu21 mentary or other evidence. Any failure to 

22 obey the order of the court may be pun23 ished by the court as a contempt of that 

24 court. 


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1 (ii) ADDITIONAL ENFORCEMENT.—In 

2 the case of any failure of any witness to 

3 comply with any subpoena or to testify 

4 when summoned under authority of this 

5 section, the Commission may, by majority 

6 vote, certify a statement of fact consti7 tuting such failure to the appropriate 

8 United States attorney, who may bring the 

9 matter before the grand jury for its action, 

10 under the same statutory authority and 

11 procedures as if the United States attorney 

12 had received a certification under sections 

13 102 through 104 of the Revised Statutes 

14 of the United States (2 U.S.C. 192 

15 through 194). 

16 (b) CONTRACTING.—The Commission may, to such 

17 extent and in such amounts as are provided in appropria18 tion Acts, enter into contracts to enable the Commission 

19 to discharge its duties under this title. 

20 (c) INFORMATION FROM FEDERAL AGENCIES.— 

21 (1) IN GENERAL.—The Commission is author22 ized to secure directly from any executive depart23 ment, bureau, agency, board, commission, office, 

24 independent establishment, or instrumentality of the 

25 Government, information, suggestions, estimates, 


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1 and statistics for the purposes of this title. Each de2 partment, bureau, agency, board, commission, office, 

3 independent establishment, or instrumentality shall, 

4 to the extent authorized by law, furnish such infor5 mation, suggestions, estimates, and statistics di6 rectly to the Commission, upon request made by the 

7 chairman, the chairman of any subcommittee cre8 ated by a majority of the Commission, or any mem9 ber designated by a majority of the Commission. 

10 (2) RECEIPT, HANDLING, STORAGE, AND DIS11 SEMINATION.—Information shall only be received, 

12 handled, stored, and disseminated by members of 

13 the Commission and its staff consistent with all ap14 plicable statutes, regulations, and Executive orders. 

15 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 

16 (1) GENERAL SERVICES ADMINISTRATION.— 

17 The Administrator of General Services shall provide 

18 to the Commission on a reimbursable basis adminis19 trative support and other services for the perform20 ance of the Commission’s functions. 

21 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

22 addition to the assistance prescribed in paragraph 

23 (1), departments and agencies of the United States 

24 may provide to the Commission such services, funds, 

25 facilities, staff, and other support services as they 


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1 may determine advisable and as may be authorized 

2 by law. 

3 SEC. 7. PUBLIC MEETINGS AND RELEASE OF PUBLIC 

4 VERSIONS OF REPORTS. 

5 (a) PUBLIC MEETINGS AND RELEASE OF PUBLIC

6 VERSIONS OF REPORTS.—The Commission shall— 

7 (1) hold public hearings and meetings to the ex8 tent appropriate; and 

9 (2) release public versions of the reports re10 quired under section 110(a) and (b). 

11 (b) PUBLIC HEARINGS.—Any public hearings of the 

12 Commission shall be conducted in a manner consistent 

13 with the protection of information provided to or developed 

14 for or by the Commission as required by any applicable 

15 statute, regulation, or Executive order. 

16 SEC. 8. STAFF OF COMMISSION. 

17 (a) IN GENERAL.— 

18 (1) APPOINTMENT AND COMPENSATION.—The 

19 chairman, in consultation with vice chairman, in ac20 cordance with rules agreed upon by the Commission, 

21 may appoint and fix the compensation of a staff di22 rector and such other personnel as may be necessary 

23 to enable the Commission to carry out its functions, 

24 without regard to the provisions of title 5, United 

25 States Code, governing appointments in the competiVerDate Sep 11 2014 02:27 Jul 26, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777

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1 tive service, and without regard to the provisions of 

2 chapter 51 and subchapter III of chapter 53 of such 

3 title relating to classification and General Schedule 

4 pay rates, except that no rate of pay fixed under this 

5 subsection may exceed the equivalent of that payable 

6 for a position at level V of the Executive Schedule 

7 under section 5316 of title 5, United States Code. 

8 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

9 (A) IN GENERAL.—The executive director 

10 and any personnel of the Commission who are 

11 employees shall be employees under section 

12 2105 of title 5, United States Code, for pur13 poses of chapters 63, 81, 83, 84, 85, 87, 89, 

14 and 90 of that title. 

15 (B) MEMBERS OF COMMISSION.—Subpara16 graph (A) shall not be construed to apply to 

17 members of the Commission. 

18 (b) DETAILEES.—Any Federal Government employee 

19 may be detailed to the Commission without reimbursement 

20 from the Commission, and such detailee shall retain the 

21 rights, status, and privileges of his or her regular employ22 ment without interruption. 

23 (c) CONSULTANT SERVICES.—The Commission is au24 thorized to procure the services of experts and consultants 

25 in accordance with section 3109 of title 5, United States 


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1 Code, but at rates not to exceed the daily rate paid a per2 son occupying a position at level IV of the Executive 

3 Schedule under section 5315 of title 5, United States 

4 Code. 

5 SEC. 9. COMPENSATION AND TRAVEL EXPENSES. 

6 Each member of the Commission may be com7 pensated at not to exceed the daily equivalent of the an8 nual rate of basic pay in effect for a position at level IV 

9 of the Executive Schedule under section 5315 of title 5, 

10 United States Code, for each day during which that mem11 ber is engaged in the actual performance of the duties of 

12 the Commission. 

13 SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEM14 BERS AND STAFF. 

15 The appropriate Federal agencies or departments 

16 shall cooperate with the Commission in expeditiously pro17 viding to the Commission members and staff appropriate 

18 security clearances to the extent possible pursuant to ex19 isting procedures and requirements, except that no person 

20 shall be provided with access to classified information 

21 under this title without the appropriate security clear22 ances. 

23 SEC. 11. REPORTS OF COMMISSION; TERMINATION. 

24 (a) INTERIM REPORTS.—The Commission may sub25 mit to the President and Congress interim reports conVerDate Sep 11 2014 00:14 Jul 25, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3777.IH H3777

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1 taining such findings, conclusions, and recommendations 

2 for corrective measures as have been agreed to by a major3 ity of Commission members. 

4 (b) REPORT.—Not later than 18 months after the 

5 date of the enactment of this Act, the Commission shall 

6 submit to the President and Congress a final report con7 taining such findings, conclusions, and recommendations 

8 for corrective measures as have been agreed to by a major9 ity of Commission members. 

10 (c) TERMINATION.— 

11 (1) IN GENERAL.—The Commission, and all the 

12 authorities of this title, shall terminate 60 days after 

13 the date on which the final report is submitted 

14 under subsection (b). 

15 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER16 MINATION.—The Commission may use the 60-day 

17 period referred to in paragraph (1) for the purpose 

18 of concluding its activities, including providing testi19 mony to committees of Congress concerning its re20 ports and disseminating the final report. 

21 SEC. 12. FUNDING. 

22 (a) IN GENERAL.—There is authorized $3,000,000 

23 for purposes of carrying out the activities of the Commis24 sion under this title. 


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1 (b) DURATION OF AVAILABILITY.—Amounts made 

2 available to the Commission under subsection (a) shall re3 main available until the termination of the Commission. 

Æ 


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