[House Report 117-490]
[From the U.S. Government Publishing Office]


117th Congress    }                                  {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {       117-490

======================================================================

 
   RESOLUTION OF INQUIRY DIRECTING THE SECRETARY OF HEALTH AND HUMAN 
SERVICES TO PROVIDE CERTAIN DOCUMENTS IN THE SECRETARY'S POSSESSION TO 
   THE HOUSE OF REPRESENTATIVES RELATING TO THE ESTABLISHMENT OF AN 
   EMERGENCY INTAKE SITE IN ERIE, PENNSYLVANIA, AT THE PENNSYLVANIA 
  INTERNATIONAL ACADEMY, TO HOUSE THE INFLUX OF UNACCOMPANIED MIGRANT 
                                CHILDREN

                                _______
                                

 September 22, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Nadler, from the Committee on the Judiciary, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1257]

    The Committee on the Judiciary, to whom was referred the 
resolution (H. Res. 1257) of inquiry directing the Secretary of 
Health and Human Services to provide certain documents in the 
Secretary's possession to the House of Representatives relating 
to the establishment of an Emergency Intake Site in Erie, 
Pennsylvania, at the Pennsylvania International Academy, to 
house the influx of unaccompanied migrant children, having 
considered the same, report unfavorably thereon with an 
amendment and recommend that the resolution not be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     3
Committee Estimate of Budgetary Effects..........................     3
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     3
Duplication of Federal Programs..................................     4
Performance Goals and Objectives.................................     4
Advisory on Earmarks.............................................     4
Section-by-Section Analysis......................................     4
Minority Views...................................................     4

  Strike all that follows after the resolving clause and insert 
the following:

  That, not later than fourteen days after the adoption of this 
resolution, the Secretary of Health and Human Services is directed to 
transmit to the House of Representatives, copies, in the Secretary's 
possession, of the contract, or contracts, including any contract 
renewals or terminations that--
          (1) were entered into or in effect during the period 
        beginning on January 1, 2020, and ending on such date of 
        adoption; and
          (2) relate to the establishment of an Emergency Intake Site 
        in Erie, Pennsylvania, at the Pennsylvania International 
        Academy, to house the influx of unaccompanied migrant children, 
        including young girls.

                          Purpose and Summary

    H. Res. 1257 is a resolution of inquiry directing the 
Secretary of Health and Human Services to provide certain 
documents in the Secretary's possession to the House of 
Representatives relating to the establishment of an Emergency 
Intake Site in Erie, Pennsylvania, at the Pennsylvania 
International Academy, to house the influx of unaccompanied 
migrant children.
    Representative Mike Kelly (R-PA) introduced the resolution 
on July 26, 2022, and it currently has one cosponsor.
    H. Res. 1257 directs the Secretary of Health and Human 
Services, not later than 14 days after the adoption of the 
resolution, to transmit to the House of Representatives, 
copies, in the Secretary's possession, of the contract, or 
contracts, including any contract renewals or terminations 
that--
    (1) were entered into or in effect during the period 
beginning on January 1, 2020, and ending on such date of 
adoption; and
    (2) relate to the establishment of an Emergency Intake Site 
in Erie, Pennsylvania, at the Pennsylvania International 
Academy, to house the influx of unaccompanied migrant children, 
including young girls.

                Background and Need for the Legislation


                I. BACKGROUND ON RESOLUTIONS OF INQUIRY

    Under the rules and precedents of the House, a resolution 
of inquiry is used to obtain information from the executive 
branch. A resolution of inquiry is directed at the President of 
the United States or the head of a Cabinet-level agency, 
requesting facts within the control of the executive branch.\1\ 
As a ``simple resolution,'' designated by ``H. Res.,'' a 
resolution of inquiry does not carry the force of law. 
``Compliance by the executive branch with the House's request 
is voluntary, resting largely on a sense of comity between co-
equal branches of government and a recognition of the necessity 
for Congress to be well-informed as it legislates.''\2\
---------------------------------------------------------------------------
    \1\Christopher M. Davis, Resolutions of Inquiry: An Analysis of 
Their Use in the House, 1947-2011, Cong. Res. Serv. R40879 (May 15, 
2012).
    \2\Id. at 2.
---------------------------------------------------------------------------
    House Rules afford resolutions of inquiry a privileged 
parliamentary status. A member files a resolution of inquiry 
like any other legislation. The resolution is then referred to 
the proper committee of jurisdiction and the committee may: (1) 
report the resolution either favorably or unfavorably; or (2) 
choose not to report the resolution. If the committee does not 
report the resolution to the House within 14 legislative days 
of its introduction, however, a motion to discharge the 
resolution from committee can be made on the House floor.\3\
---------------------------------------------------------------------------
    \3\House rule XIII, clause 7.
---------------------------------------------------------------------------

                      II. NEED FOR THE LEGISLATION

    This resolution is unnecessary. After the resolution was 
filed, the Committee reached out to the Department of Health 
and Human Services and obtained the contract relating to the 
establishment of an Emergency Intake Site in Erie, 
Pennsylvania, at the Pennsylvania International Academy for 
unaccompanied children as well as documents relating to the 
expiration of the contract. All of those documents were 
submitted for the record at the hearing.

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the Committee on the Judiciary held no hearings on H. Res. 
1257.

                        Committee Consideration

    On September 14, 2022, the Committee met in open session 
and ordered the resolution, H. Res. 1257, unfavorably reported 
with an amendment in the nature of a substitute, by a voice 
vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, no 
rollcall votes occurred during the Committee's consideration of 
H. Res. 1257.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of House rule X, are incorporated in the descriptive portions 
of this report.

                Committee Estimate of Budgetary Effects

    Pursuant to clause 3(d)(1) of House rule XIII, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

   New Budget Authority and Congressional Budget Office Cost Estimate

    Pursuant to clause 3(c)(2) of House rule XIII and section 
308(a) of the Congressional Budget Act of 1974, and pursuant to 
clause (3)(c)(3) of House rule XIII and section 402 of the 
Congressional Budget Act of 1974, the Committee has requested 
but not received from the Director of the Congressional Budget 
Office a budgetary analysis and a cost estimate of this 
resolution.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H. Res. 1257 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H. Res 1257 requests certain documents from 
the Secretary of Health and Human Services related to the 
establishment of an Emergency Intake Site in Erie, Pennsylvania 
to house unaccompanied migrant children.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H. Res. 1257 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clause 9(d), 
9(e), or 9(f) of House rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the resolution as 
reported by the Committee.
    H. Res. 1257 is a resolution of inquiry directing the 
Secretary of Health and Human Services to provide certain 
documents in the Secretary's possession to the House of 
Representatives relating to the establishment of an Emergency 
Intake Site in Erie, Pennsylvania, at the Pennsylvania 
International Academy, to house the influx of unaccompanied 
migrant children.
    H. Res. 1257 directs the Secretary of Health and Human 
Services, not later than fourteen days after the adoption of 
the resolution, to transmit to the House of Representatives, 
copies, in the Secretary's possession, of the contract, or 
contracts, including any contract renewals or terminations 
that--
    (1) were entered into or in effect during the period 
beginning on January 1, 2020, and ending on such date of 
adoption; and
    (2) relate to the establishment of an Emergency Intake Site 
in Erie, Pennsylvania, at the Pennsylvania International 
Academy, to house the influx of unaccompanied migrant children, 
including young girls.

                             Minority Views

    H. Res. 1257 directs the Secretary of Health and Human 
Services (HHS) to provide Congress the contract between HHS and 
the Pennsylvania International Academy (PIA), regarding the 
establishment in Erie, Pennsylvania, of an Emergency Intake 
Site (EIS) for female unaccompanied alien children (UAC).
    H. Res. 1257 was introduced by Rep. Mike Kelly (R-PA) to 
uncover information that HHS was withholding pertaining to the 
contract to establish an EIS in Erie, PA, which is in Rep. 
Kelly's district. This resolution comes after more than a year 
of obstruction by the Biden Administration.
    Rep. Kelly requested the contract because it was the most 
tangible document to define the relationship between the HHS 
and PIA. The contract would show how much money was paid to PIA 
and for what services. It is also important to know if the 
contract was a firm fixed-price contract in which the money 
would be paid regardless of the services rendered.
    On April 9, 2021, HHS notified state and federal officials 
that it would open an EIS at the PIA in Erie, PA to receive 
UAC. The PIA EIS was to provide shelter for children ages 12 
and under and have a potential capacity of 648 beds. On April 
13, 2021, 144 children arrived in Erie, PA. The next day, HHS 
told Rep. Kelly's staff that the site capacity was 418. On 
April 16, 2021, HHS hosted a briefing for local and federal 
elected officials regarding the EIS in Erie, PA. Briefers told 
officials that EIS contracts are temporary, usually for 60-90 
days with an option to renew. They did not provide specifics 
for how long the Erie EIS contract was authorized or whether it 
would be renewed.
    On April 19, 2021, Rep. Kelly's staff informally requested 
the Erie EIS contract. Staff was informed by HHS that a formal 
request for contract was necessary, but that it was unlikely to 
produce a document any time soon. On April 21, 2021, Rep. Kelly 
submitted a formal request to HHS for the Erie EIS contract. On 
April 23, 2021, House Ways and Means Committee Ranking Member 
Brady and Reps. Kelly and Walorski also made a formal request 
for a briefing from HHS. That same day, HHS canceled a planned 
tour for Rep. Kelly at Erie EIS. The following day HHS approved 
and provided a tour for Rep. Kelly. Some children remained at 
the facility (approx. 54 girls, about half of which had 
contracted COVID-19). HHS told Rep. Kelly that it planned to 
upgrade PIA EIS so that it could be a properly licensed 
facility. On April 25, 2021, HHS transferred the girls to 
another facility and closed the site.
    At the markup on September 14, 2022, Chairman Nadler 
presented the contract from HHS and entered it into the record. 
Rep. Kelly was pleased to have received the contract a year and 
a half after requesting it. The fact that HHS provided the 
contract to the Democrats upon request but refused to provide 
the same document to a Republican Member of Congress, proves 
the highly politicized nature for the Biden Administration. It 
is a shame that it took the introduction of a resolution of 
inquiry to receive the single document requested a year and a 
half ago. The House Ways and Means Committee Republicans have 
several outstanding questions regarding the Erie PIA and will 
transmit those to HHS in the coming days.

                                                Jim Jordan,
                                                    Ranking Member.

                                  [all]