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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3777 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission To Investigate 
the Treatment of Migrant Families and Children Act of 2019.''

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission to Investigate the Treatment of Migrant Families and 
Children By the Trump Administration (in this Act referred to as the 
``Commission'').

SEC. 3. PURPOSES.

    The purposes of the Commission are to--
            (1) examine the handling of migrant families and children 
        apprehended along the United States-Mexico border by U.S. 
        Customs and Border Protection since January 2017;
            (2) ascertain, evaluate, and report on the evidence 
        developed by all relevant governmental agencies regarding the 
        facts and circumstances surrounding the handling by the 
        Departments of Homeland Security and Health and Human Services 
        of migrant families and children who were apprehended at the 
        southern border since January 2017;
            (3) build upon the investigations of other entities, and 
        avoid unnecessary duplication, by reviewing the findings, 
        conclusions, and recommendations of--
                    (A) Department of Homeland Security Office of 
                Inspector General;
                    (B) Department of Health and Human Services Office 
                of Inspector General; and
                    (C) other executive branch, congressional, or 
                independent investigations into the treatment of and 
                detention conditions for migrant families and children 
                apprehended at the southern border by the Department of 
                Homeland Security since January 2017;
            (4) make a full and complete accounting of the handling of 
        the migrant families and children apprehended at the southern 
        border since January 2017; and
            (5) investigate and report to the President and Congress on 
        its findings, conclusions, and recommendations for corrective 
        measures.

SEC. 4. COMPOSITION OF THE COMMISSION; QUALIFICATIONS.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) one member shall be appointed by the leader of the 
        House of Representatives of the Democratic Party (majority or 
        minority leader, as the case may be), with the concurrence of 
        the leader of the Senate of the Democratic party (majority or 
        minority leader as the case may be), who shall serve as 
        chairman of the Commission;
            (2) two members shall be appointed by the senior member of 
        the Senate leadership of the Democratic party;
            (3) three members shall be appointed by the senior member 
        of the Senate leadership of the Republican party;
            (4) three members shall be appointed by the senior member 
        of the leadership of the House of Representatives of the 
        Democratic party; and
            (5) one member shall be appointed by the senior member of 
        the leadership of the House of Representatives of the 
        Republican party.
    (b) Qualifications.--Each individual appointed to the Commission 
must have expertise and experience in at least one of the following 
areas:
            (1) immigration law, particularly experience representing 
        asylees;
            (2) public health;
            (3) child welfare;
            (4) civil rights;
            (5) as a representative of a humanitarian organization that 
        gives assistance to individuals crossing the southern border; 
        or
            (6) as a local official from a border community on the 
        southern border of the United States.

SEC. 5. FUNCTIONS OF COMMISSION.

    The functions of the Commission are to--
            (1) investigate the relevant facts and circumstances 
        related to the handling by the Departments of Homeland Security 
        and Health and Human Services of the migrant families and 
        children apprehended at the southern border since January 2017, 
        including any relevant legislation, Executive order, 
        regulation, plan, policy, practice, or procedure;
            (2) identify, review, and evaluate the lessons learned from 
        the handling by the Departments of Homeland Security and Health 
        and Human Services of the migrant families and children 
        apprehended at the southern border since January 2017, 
        regarding the structure, coordination, management policies, and 
        procedures of the Federal Government, and, if appropriate, 
        State and local governments and nongovernmental entities, 
        relative to providing timely, effective, and humane treatment 
        of migrant families and unaccompanied alien children seeking 
        asylum in the United States; and
            (3) submit to the President and Congress such reports as 
        are required by this title containing such findings, 
        conclusions, and recommendations as the Commission shall 
        determine, including proposing organization, coordination, 
        planning, management arrangements, procedures, rules, and 
        regulations.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the 
        authority of the Commission, any subcommittee or member 
        thereof, may, for the purpose of carrying out this title--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by 
                subpoena or otherwise, the attendance and testimony of 
                such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the Commission or such designated 
                subcommittee or designated member may determine 
                advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the agreement of the 
                                chairman and the vice chairman; or
                                    (II) by the affirmative vote of 6 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the chairman or 
                        any member designated by a majority of the 
                        Commission, and may be served by any person 
                        designated by the chairman or by a member 
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subsection (a), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received a certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Commission to discharge its duties under this title.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of this title. Each 
        department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Commission, upon request made by the chairman, the chairman of 
        any subcommittee created by a majority of the Commission, or 
        any member designated by a majority of the Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall only be received, handled, stored, and 
        disseminated by members of the Commission and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of 
        General Services shall provide to the Commission on a 
        reimbursable basis administrative support and other services 
        for the performance of the Commission's functions.
            (2) Other departments and agencies.--In addition to the 
        assistance prescribed in paragraph (1), departments and 
        agencies of the United States may provide to the Commission 
        such services, funds, facilities, staff, and other support 
        services as they may determine advisable and as may be 
        authorized by law.

SEC. 7. PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF REPORTS.

    (a) Public Meetings and Release of Public Versions of Reports.--The 
Commission shall--
            (1) hold public hearings and meetings to the extent 
        appropriate; and
            (2) release public versions of the reports required under 
        section 110(a) and (b).
    (b) Public Hearings.--Any public hearings of the Commission shall 
be conducted in a manner consistent with the protection of information 
provided to or developed for or by the Commission as required by any 
applicable statute, regulation, or Executive order.

SEC. 8. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The chairman, in 
        consultation with vice chairman, in accordance with rules 
        agreed upon by the Commission, may appoint and fix the 
        compensation of a staff director and such other personnel as 
        may be necessary to enable the Commission to carry out its 
        functions, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this subsection may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any 
                personnel of the Commission who are employees shall be 
                employees under section 2105 of title 5, United States 
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall 
                not be construed to apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee may be detailed to 
the Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or her 
regular employment without interruption.
    (c) Consultant Services.--The Commission is authorized to procure 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code, but at rates not to exceed the daily 
rate paid a person occupying a position at level IV of the Executive 
Schedule under section 5315 of title 5, United States Code.

SEC. 9. COMPENSATION AND TRAVEL EXPENSES.

    Each member of the Commission may be compensated at not to exceed 
the daily equivalent of the annual rate of basic pay in effect for a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day during which that member is 
engaged in the actual performance of the duties of the Commission.

SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate 
with the Commission in expeditiously providing to the Commission 
members and staff appropriate security clearances to the extent 
possible pursuant to existing procedures and requirements, except that 
no person shall be provided with access to classified information under 
this title without the appropriate security clearances.

SEC. 11. REPORTS OF COMMISSION; TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President 
and Congress interim reports containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Commission shall submit to the President and 
Congress a final report containing such findings, conclusions, and 
recommendations for corrective measures as have been agreed to by a 
majority of Commission members.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of 
        this title, shall terminate 60 days after the date on which the 
        final report is submitted under subsection (b).
            (2) Administrative activities before termination.--The 
        Commission may use the 60-day period referred to in paragraph 
        (1) for the purpose of concluding its activities, including 
        providing testimony to committees of Congress concerning its 
        reports and disseminating the final report.

SEC. 12. FUNDING.

    (a) In General.--There is authorized $3,000,000 for purposes of 
carrying out the activities of the Commission under this title.
    (b) Duration of Availability.--Amounts made available to the 
Commission under subsection (a) shall remain available until the 
termination of the Commission.
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