Accountability for Migrant Deaths Act of 2019

Accountability for Migrant Deaths Act of 2019

This bill requires the Department of Homeland Security or the Department of Health and Human Services to report to Congress within 24 hours of a death of a foreign national while in the respective department's custody.

The House of Representatives shall hold a hearing within a week of receiving such a report. Executive privilege may not be asserted with respect to testimony before Congress about such a death.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3660 Introduced in House (IH)]

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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 
 following 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 provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
   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.

    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 ``Accountability for Migrant Deaths 
Act of 2019''.

SEC. 2. CONGRESSIONAL NOTIFICATION OF FOREIGN NATIONAL DEATHS IN 
              CUSTODY.

    Not later than 24 hours after a foreign national dies while in the 
custody of the Secretary of Homeland Security or the Secretary of 
Health and Human Services, the appropriate Secretary shall notify 
Congress of such death, which notification shall include a description 
of the circumstances of such death.

SEC. 3. LIMITATION ON THE ASSERTION OF EXECUTIVE PRIVILEGE.

    The Secretary of Homeland Security and the Secretary of Health and 
Human Services may not assert Executive privilege with respect to 
testimony before a committee of the House of Representatives or of the 
Senate related to a death described in section 2.

SEC. 4. COMMITTEE HEARINGS ON FOREIGN NATIONAL DEATHS IN CUSTODY 
              REQUIRED IN THE HOUSE.

    (a) Amendment to the Rules of the House of Representatives.--Rule 
XI of the Rules of the House of Representatives is amended by adding at 
the end the following new clause:
``Committee hearings on foreign national deaths in custody required
    ``(7) Not later than one week after receiving a notification under 
section 1 of the Accountability for Migrant Deaths Act of 2019 that a 
foreign national died while in the custody of the Secretary of Homeland 
Security or the Secretary of Health and Human Services, the chair of 
the Committee on Oversight and Reform or another standing committee of 
jurisdiction shall convene a hearing to receive testimony from 
appropriate agency officials related to the death.''.
    (b) Exercise of Rulemaking Power.--The provisions of this section 
are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives, and as such they shall be considered as part 
        of the rules of the House, and such rules shall supersede other 
        rules only to the extent that they are inconsistent therewith; 
        and
            (2) with full recognition of the constitutional right of 
        the House of Representatives to change such rules at any time, 
        in the same manner, and to the same extent as in the case of 
        any other rule of the House.

SEC. 5. FOREIGN NATIONAL.

    In determining the meaning of any Act of Congress, or of any 
ruling, regulation, or interpretation of various administrative bureaus 
and agencies of the United States, the term ``foreign national'' means 
any individual other than an individual--
            (1) who is a citizen of the United States; or
            (2) though not a citizen of the United States, who owes 
        permanent allegiance to the United States.
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