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-
tives 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.’’ 
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SEC. 2. ESTABLISHMENT OF COMMISSION. 
There is established in the legislative branch the Na-
tional Commission to Investigate the Treatment of Mi-
grant Families and Children By the Trump Administra-
tion (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 Protec-
tion since January 2017; 
(2) ascertain, evaluate, and report on the evi-
dence developed by all relevant governmental agen-
cies regarding the facts and circumstances sur-
rounding the handling by the Departments of Home-
land 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 enti-
ties, and avoid unnecessary duplication, by reviewing 
the findings, conclusions, and recommendations of— 
(A) Department of Homeland Security Of-
fice of Inspector General; 
(B) Department of Health and Human 
Services Office of Inspector General; and 
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(C) other executive branch, congressional, 
or independent investigations into the treatment 
of and detention conditions for migrant families 
and children apprehended at the southern bor-
der 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 appre-
hended at the southern border since January 2017; 
and 
(5) investigate and report to the President and 
Congress on its findings, conclusions, and rec-
ommendations for corrective measures. 
SEC. 4. COMPOSITION OF THE COMMISSION; QUALIFICA-
TIONS. 
(a) MEMBERS.—The Commission shall be composed 
of 10 members, of whom— 
(1) one member shall be appointed by the lead-
er of the House of Representatives of the Demo-
cratic 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 minor-
ity leader as the case may be), who shall serve as 
chairman of the Commission; 
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SEC. 5. FUNCTIONS OF COMMISSION. 
The functions of the Commission are to— 
(1) investigate the relevant facts and cir-
cumstances related to the handling by the Depart-
ments of Homeland Security and Health and 
Human Services of the migrant families and chil-
dren apprehended at the southern border since Jan-
uary 2017, including any relevant legislation, Execu-
tive order, regulation, plan, policy, practice, or pro-
cedure; 
(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 non-
governmental 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 or-
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ganization, coordination, planning, management ar-
rangements, procedures, rules, and regulations. 
SEC. 6. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this title— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive 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, memo-
randa, papers, and documents, as the Commis-
sion or such designated subcommittee or des-
ignated 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 
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(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 con-
tumacy 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 sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
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(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 consti-
tuting 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 appropria-
tion 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 author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
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and statistics for the purposes of this title. Each de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable 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 adminis-
trative support and other services for the perform-
ance 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 
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