[House Report 117-528]
[From the U.S. Government Publishing Office]


117th Congress    }                                  {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                  {      117-528

======================================================================
 
   RESOLUTION OF INQUIRY DIRECTING THE PRESIDENT TO PROVIDE CERTAIN 
DOCUMENTS IN THE PRESIDENT'S POSSESSION TO THE HOUSE OF REPRESENTATIVES 
 RELATING TO COMMUNICATIONS BY STAFF OF THE WHITE HOUSE REGARDING THE 
IMPLICATIONS OF REVOKING THE PUBLIC HEALTH ORDERS COMMONLY REFERRED TO 
                            AS ``TITLE 42''

                                _______
                                

 September 29, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1275]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 1275) of inquiry directing the 
President to provide certain documents in the President's 
possession to the House of Representatives relating to 
communications by staff of the White House regarding the 
implications of revoking the public health orders commonly 
referred to as ``title 42'', having considered the same, 
reports thereon without amendment and without recommendation.

                                CONTENTS

                                                                   Page
   I. Purpose and Summary.............................................2
  II. Background and Need for the Legislation.........................2
 III. Committee Hearings..............................................2
  IV. Committee Consideration.........................................2
   V. Committee Votes.................................................3
  VI. Oversight Findings..............................................5
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure5
VIII. Federal Mandates Statement......................................5
  IX. Statement of General Performance Goals and Objectives...........5
   X. Duplication of Federal Programs.................................5
  XI. Committee Cost Estimate.........................................5
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....5
XIII. Advisory Committee Statement....................................6
 XIV. Applicability to Legislative Branch.............................6
  XV. Section-by-Section Analysis of the Legislation..................6
 XVI. Changes in Existing Law Made by the Bill, as Reported...........6
XVII. Minority Views..................................................7

                         I. PURPOSE AND SUMMARY

    H. Res. 1275 directs the President to furnish to the House 
of Representatives copies of any document or communication in 
the President's possession that refers or relates to 
communications by staff of the White House with outside groups 
and experts, as well as internal communications among White 
House staff, regarding the implications of revoking the public 
health orders commonly referred to as ``Title 42.''

                II. BACKGROUND AND NEED FOR LEGISLATION

    Under 42 U.S.C. Sec. Sec. 265, 268, and 42 C.F.R. 
Sec. 71.40 (collectively referred to as ``Title 42'') the 
Director of the Centers for Disease Control and Prevention 
(CDC) may issue orders to suspend entry of individuals into the 
United States where a quarantinable communicable disease exists 
in order to protect public health. The Trump Administration 
exercised this authority beginning in March 2020 in response to 
the coronavirus disease of 2019 (COVID-19) pandemic, resulting 
in the prohibition of entry of migrants, including asylum 
seekers, into the United States at land borders. On April 1, 
2022, CDC Director Rochelle Walensky issued a Public Health 
Determination terminating the Title 42 Order in place, in 
consultation with the Department of Homeland Security (DHS).\1\ 
Director Walensky determined that the Order was no longer 
necessary after considering current public health conditions 
and an increased availability of tools to fight COVID-19, such 
as highly effective vaccines and therapeutics.\2\
---------------------------------------------------------------------------
    \1\Centers for Disease Control and Prevention, CDC Public Health 
Determination and Termination of Title 42 Order (April 1, 2022) (press 
release).
    \2\Id.
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    H. Res. 1275 directs the President to provide documentation 
relating to communications regarding the implications of 
revoking Title 42. However, the resolution seeks information 
outside of the scope of the public health implications for 
terminating an Order under Title 42, including with respect to 
the number of border crossings and the potential increase in 
fentanyl entering the United States. It appears that this 
resolution was filed in order to convey opposition to the CDC 
Director's decision to terminate the Order, instead of 
utilizing appropriate oversight channels provided to the 
Committee to obtain documents and other information from the 
President and the Administration. For this reason, the 
resolution was reported without recommendation.

                        III. COMMITTEE HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on H. Res. 1275.

                      IV. COMMITTEE CONSIDERATION

    H. Res. 1275 was introduced on July 26, 2022, by 
Representative Lesko (R-AZ) and was referred to the Committee 
on Energy and Commerce. Subsequently, on July 27, 2022, the 
resolution was referred to the Subcommittee on Health. The 
resolution was discharged from the Subcommittee on Health on 
September 21, 2022.
    On September 21, 2022, the Committee met in open markup 
session and ordered H. Res. 1275, without amendment, reported 
without recommendation to the House by a record vote of 32 yeas 
and 23 nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there was one record vote taken on H. 
Res. 1275, including a motion by Mr. Pallone ordering H. Res. 
1275 reported without recommendation to the House, without 
amendment. The motion on forwarding the resolution without 
recommendation was approved by a record vote of 32 yeas to 23 
nays. The following is the record votes taken during Committee 
consideration, including the names of those members voting for 
and against:


	       [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to 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 statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to direct 
the President to furnish to the House of Representatives copies 
of any document or communication in the President's possession 
that refers or relates to communications by staff of the White 
House with outside groups and experts regarding the 
implications of revoking the public health orders commonly 
referred to as ``Title 42.''

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1275 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of 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.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1275 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 1275 directs the President to provide certain 
documents in the President's possession to the House of 
Representatives relating to communications by staff of the 
White House regarding the implications of revoking the public 
health orders commonly referred to as ``Title 42,'' including 
implications with respect to the number of border crossings, 
the public health impacts, and the potential increase in 
fentanyl entering the United States.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H. 
Res. 1275.

                          XVII. MINORITY VIEWS

    This Resolution of Inquiry directs the President to provide 
certain documents and communications regarding the implications 
of revoking Title 42, a revocation which has since been halted 
by courts. ``Title 42'' refers to orders that were issued 
pursuant to Sections 362 and 365 of the Public Health Service 
that protect the public health from the introduction of 
communicable diseases into the United States through ports of 
entry. The policy was put in place by former President Donald 
Trump at the start of the COVID-19 pandemic. On April 1, 2022, 
the Biden Administration announced the revocation of Title 42 
on the grounds that pandemic conditions were improving, and it 
was no longer necessary to control the spread of infections.\1\ 
Energy and Commerce Committee Republicans were confused by this 
justification, given that at the time, COVID-19 travel 
restrictions had not yet been lifted for law-abiding Americans, 
mask and vaccine mandates were still in effect, and the 
Department of Health and Human Services renewed the COVID-19 
Public Health Emergency Declaration a mere eleven days after 
the revocation announcement.\2\ The conflicting policies were 
disingenuous at best, and hypocritical at worst.
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    \1\Centers for Disease Control and Prevention, CDC Public Health 
Determination and Termination of Title 42 Order (April 1, 2022), 
available at https://www.cdc.gov/media/releases/2022/s0401-title-
42.html.
    \2\Administration for Strategic Preparedness and Response, Renewal 
of Determination That A Public Health Emergency Exists (April 12, 
2022), available at https://aspr.hhs.gov/legal/PHE/Pages/COVID19-
12Apr2022.aspx.
---------------------------------------------------------------------------
    Nevertheless, questions remain regarding the policy 
implications associated with the lifting of Title 42. Since 
President Biden took office, illegal border crossings have 
reached astronomical levels. This situation is unsustainable. 
Sadly, Title 42 has been one of the few tools the 
Administration has relied on to prevent a total meltdown at the 
southern border. Execution of Title 42 should not go on in 
perpetuity. It should be appropriately wound down, along with 
other public health emergency authorities. However, Republicans 
are concerned the Biden administration is not adequately 
prepared to manage and process increasing numbers of migrants 
at the border without the use of Title 42. Thanks to this 
Administration's disastrous border policies, including halting 
of border wall construction, tying the hands of the U.S. 
Customs and Border Protection, and pushing zero enforcement of 
existing border policies, the United States is facing an 
untenable national security and humanitarian situation. Border 
Patrol agents have made nearly 2.5 million arrests at the 
southern border for fiscal year 2022, beating the record set 
last fiscal year of 1.9 million apprehensions.\3\ Convicted-
criminal-alien encounters--including assaults, rapes, and 
homicides--have spiked during President Biden's first two years 
in office.\4\ Once Title 42 is removed, border crossings will 
spike even further. H. Res. 1275 directs the President to 
provide certain documents and communications by White House 
staff with outside groups and experts regarding the 
implications of revoking Title 42. Despite what Vice President 
Harris says,\5\ the border is NOT secure, and there are no 
plans in place to secure it. Instead of restoring order and 
promoting fairness within our immigration system, the 
Administration is continuing to act like the issue does not 
exist.
---------------------------------------------------------------------------
    \3\U.S. Customs and Border Protection, CBP Enforcement Statistics 
Fiscal Year 2022 (September 20, 2022), available at https://
www.cbp.gov/newsroom/stats/cbp-enforcement-statistics.
    \4\U.S. Customs and Border Protection, Criminal Noncitizens 
Statistics Fiscal Year 2022 (September 14, 2022), available at https://
www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/criminal-
noncitizen-statistics.
    \5\Emily Crane, Kamala Harris insists border `secure' as illegal 
migrants set to pass 2M, New York Post (September 12, 2022), available 
at https://nypost.com/2022/09/12/kamala-harris-says-us-border-is-
secure-as-migrant-crossings-surge/.
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                                    Cathy McMorris Rodgers,
               Republican Leader, Committee on Energy and Commerce.

                                  [all]