Bill Summary
The Accountability for Migrant Deaths Act of 2019 is a bill that requires the Secretary of Homeland Security and the Secretary of Health and Human Services to inform Congress within 24 hours of the death of any foreign national in their custody. It also prohibits the assertion of Executive privilege for testimony related to these deaths and requires Congressional hearings within one week of receiving notification of a death. The bill defines a foreign national as anyone who is not a citizen of the United States or does not owe permanent allegiance to the United States. This Act aims to increase transparency and accountability for deaths in the custody of these government agencies.
Possible Impacts
1. This legislation could affect the families and loved ones of foreign nationals who die while in the custody of the Secretary of Homeland Security or the Secretary of Health and Human Services. They would receive notification of the death and a description of the circumstances, which could help bring closure or spark further investigation.
2. The legislation could also affect the ability of the Secretary of Homeland Security and the Secretary of Health and Human Services to withhold information or testimony regarding a foreign national death. They would not be able to assert Executive privilege and must comply with requests for testimony from Congress.
3. This legislation has the potential to impact the oversight and accountability of the government in regards to foreign nationals in their custody. The requirement for committee hearings and the inclusion of foreign nationals in the definition of "migrant" show a commitment to addressing and addressing any issues or concerns related to their treatment.
[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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