[House Report 117-543]
[From the U.S. Government Publishing Office]


117th Congress    }                                      {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                      {    117-543

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

 
   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT AND DIRECTING THE 
 SECRETARY OF HEALTH AND HUMAN SERVICES AND THE SECRETARY OF HOMELAND 
 SECURITY TO TRANSMIT, RESPECTIVELY, CERTAIN DOCUMENTS TO THE HOUSE OF 
        REPRESENTATIVES RELATING TO UNACCOMPANIED ALIEN CHILDREN

                                _______
                                

  October 14, 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. 1343]

    The Committee on the Judiciary, to whom was referred the 
resolution (H. Res. 1343) of inquiry requesting the President 
and directing the Secretary of Health and Human Services and 
the Secretary of Homeland Security to transmit, respectively, 
certain documents to the House of Representatives relating to 
unaccompanied alien children, having considered the same, 
report unfavorably thereon with an amendment and recommend that 
the resolution as amended not be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     3
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     6
Committee Estimate of Budgetary Effects..........................     6
New Budget Authority and Congressional Budget Office Cost 
  Estimate.......................................................     6
Duplication of Federal Programs..................................     6
Performance Goals and Objectives.................................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6
Minority Views...................................................     7

  Strike all after the resolving clause and insert the 
following:

  That the President is requested, and the Secretary of Health and 
Human Services and Secretary of the Department of Homeland Security are 
directed, to transmit, respectively, to the House of Representatives, 
not later than fourteen days after the date of the adoption of this 
resolution, copies of all documents, memoranda, advisory legal 
opinions, notes from meetings, audio recordings, records (including 
telephone and electronic mail records), correspondence, and other 
communications, or any portion of any such communications, to the 
extent that any such one or more items are within the possession of the 
President or the Secretaries, respectively, and refer to the following:
          (1) The health and welfare of unaccompanied alien children, 
        including the status of COVID-19 infections, treatment, and 
        outcomes, in the care or custody of Customs and Border 
        Protection and the Office of Refugee Resettlement.
          (2) Any current policy, procedure, guidance, or directive 
        regarding the placement of unaccompanied alien children in the 
        care or custody of the Office of Refugee Resettlement with a 
        sponsor, including any policy that has changed since January 
        20, 2021, in order to expedite the placement of such children 
        with a sponsor.
          (3) The number of unaccompanied alien children placed by the 
        Office of Refugee Resettlement with sponsors that did not 
        undergo a background check, public records check, sex offender 
        registry check, or fingerprint check.
          (4) All information, including Significant Incident Reports, 
        regarding allegations of abuse and neglect of unaccompanied 
        alien children in Customs and Border Protection or Office of 
        Refugee Resettlement facilities beginning in November, 2020.
          (5) The number of unaccompanied alien children who were in 
        the care of the Office of Refugee Resettlement and were not 
        placed with a potential sponsor pursuant to section V of the 
        memorandum of agreement entitled ``Memorandum of Agreement 
        Among The Office of Refugee Resettlement of the U.S. Department 
        of Health and Human Services and U.S. Immigration and Customs 
        Enforcement and U.S. Customs and Border Protection of the U.S. 
        Department of Homeland Security Regarding Consultation and 
        Information Sharing in Unaccompanied Alien Children Matters'', 
        entered into on April 13, 2018.
          (6) All Office of Refugee Resettlement current policies and 
        procedures, guidance, and directives regarding the hiring and 
        training of staff, contractors, or volunteers.
          (7) All information regarding how the Office of Refugee 
        Resettlement protects unaccompanied alien children from 
        smugglers, traffickers, or others who might seek to victimize 
        or otherwise engage a child in criminal, harmful, or 
        exploitative activity.

                          Purpose and Summary

    H. Res. 1343 is a resolution of inquiry that requests 
certain documents from the Secretary of Homeland Security and 
the Secretary of Health and Human Services relating to 
unaccompanied children.
    Representative Michael Burgess (R-TX) introduced the 
resolution on September 13, 2022, and it currently has no 
cosponsors.
    H. Res. 1343 requests the President and directs the 
Secretary of Health and Human Services and Secretary of the 
Department of Homeland Security to transmit, respectively, to 
the House of Representatives, not later than 14 days after the 
date of the adoption of this resolution, copies of all 
documents, memoranda, advisory legal opinions, notes from 
meetings, audio recordings, records (including telephone and 
electronic mail records), correspondence, and other 
communications, or any portion of any such communications, to 
the extent that any such one or more items are within the 
possession of the President or the Secretaries, respectively, 
and refer to the following:
          (1) The health and welfare of unaccompanied alien 
        children, including the status of COVID-19 infections, 
        treatment, and outcomes, in the care or custody of 
        Customs and Border Protection and the Office of Refugee 
        Resettlement (ORR).
          (2) Any current policy, procedure, guidance, or 
        directive regarding the placement of unaccompanied 
        alien children in the care or custody of ORR with a 
        sponsor, including any policy that has changed since 
        January 20, 2021, in order to expedite the placement of 
        such children with a sponsor.
          (3) The number of unaccompanied alien children placed 
        by ORR with sponsors that did not undergo a background 
        check, public records check, sex offender registry 
        check, or fingerprint check.
          (4) All information, including Significant Incident 
        Reports, regarding allegations of abuse and neglect of 
        unaccompanied alien children in Customs and Border 
        Protection or ORR facilities beginning in November 
        2020.
          (5) The number of unaccompanied alien children who 
        were in the care of ORR and were not placed with a 
        potential sponsor pursuant to section V of the 
        memorandum of agreement entitled ``Memorandum of 
        Agreement Among The Office of Refugee Resettlement of 
        the U.S. Department of Health and Human Services and 
        U.S. Immigration and Customs Enforcement and U.S. 
        Customs and Border Protection of the U.S. Department of 
        Homeland Security Regarding Consultation and 
        Information Sharing in Unaccompanied Alien Children 
        Matters,'' entered into on April 13, 2018.
          (6) All ORR current policies and procedures, 
        guidance, and directives regarding the hiring and 
        training of staff, contractors, or volunteers.
          (7) All information regarding how ORR protects 
        unaccompanied alien children from smugglers, 
        traffickers, or others who might seek to victimize or 
        otherwise engage a child in criminal, harmful, or 
        exploitative activity.

                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\
    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\
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    \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.
    \3\ 3 House Rule XIII, clause 7.
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                      II. NEED FOR THE LEGISLATION

    This resolution is unnecessary. The Minority has had no 
problem obtaining briefings or information on this issue. For 
example, on September 9, 2022, ORR and the Department of 
Homeland Security took part in a regularly scheduled 
bipartisan, multi-agency immigration briefing call in which 
they discussed their work caring for unaccompanied children. 
Staff for any congressional office could join and ask 
questions.

                                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. 
1343.

                        Committee Consideration

    On September 21, 2022, the Committee met in open session 
and ordered the resolution, H. Res. 1343, unfavorably reported 
with an amendment in the nature of a substitute, by a rollcall 
vote of 19 to 16, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following rollcall votes occurred during the Committee's 
consideration of H. Res. 1343:
    1. A motion to unfavorably report H. Res. 1343, as amended, 
was agreed to by a rollcall vote of 19 to 16. The vote was as 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      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. 1343 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 1343 requests certain documents from 
the Secretary of Homeland Security and the Secretary of Health 
and Human Services relating to unaccompanied children.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H. Res. 1343 
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. 1343 requests the President and directs the 
Secretary of Health and Human Services and Secretary of the 
Department of Homeland Security to transmit, respectively, to 
the House of Representatives, not later than 14 days after the 
date of the adoption of this resolution, copies of all 
documents, memoranda, advisory legal opinions, notes from 
meetings, audio recordings, records (including telephone and 
electronic mail records), correspondence, and other 
communications, or any portion of any such communications, to 
the extent that any such one or more items are within the 
possession of the President or the Secretaries, respectively, 
and refer to the following:
          (1) The health and welfare of unaccompanied alien 
        children, including the status of COVID-19 infections, 
        treatment, and outcomes, in the care or custody of 
        Customs and Border Protection and ORR.
          (2) Any current policy, procedure, guidance, or 
        directive regarding the placement of unaccompanied 
        alien children in the care or custody of ORR with a 
        sponsor, including any policy that has changed since 
        January 20, 2021, in order to expedite the placement of 
        such children with a sponsor.
          (3) The number of unaccompanied alien children placed 
        by ORR with sponsors that did not undergo a background 
        check, public records check, sex offender registry 
        check, or fingerprint check.
          (4) All information, including Significant Incident 
        Reports, regarding allegations of abuse and neglect of 
        unaccompanied alien children in Customs and Border 
        Protection or ORR facilities beginning in November 
        2020.
          (5) The number of unaccompanied alien children who 
        were in the care of ORR and were not placed with a 
        potential sponsor pursuant to section V of the 
        memorandum of agreement entitled ``Memorandum of 
        Agreement Among The Office of Refugee Resettlement of 
        the U.S. Department of Health and Human Services and 
        U.S. Immigration and Customs Enforcement and U.S. 
        Customs and Border Protection of the U.S. Department of 
        Homeland Security Regarding Consultation and 
        Information Sharing in Unaccompanied Alien Children 
        Matters,'' entered into on April 13, 2018.
          (6) All ORR current policies and procedures, 
        guidance, and directives regarding the hiring and 
        training of staff, contractors, or volunteers.
          (7) All information regarding how ORR protects 
        unaccompanied alien children from smugglers, 
        traffickers, or others who might seek to victimize or 
        otherwise engage a child in criminal, harmful, or 
        exploitative activity.

                             Minority Views

    H. Res. 1343 requests that the President, and directs the 
Secretary of Health and Human Services and the Secretary of 
Homeland Security to transmit to the House of Representatives, 
certain documents, communications, and records relating to 
unaccompanied alien children.
    Democrats on the House Judiciary Committee continue to 
ignore the unprecedented crisis on our southwest border. Since 
President Biden took office, U.S. Customs and Border Protection 
(CBP) officials have encountered nearly 3.5 million illegal 
aliens along the southwest border, over 255,000 of which have 
been unaccompanied alien children (UAC).\1\ Federal law defines 
a UAC as a child who has no lawful presence in the U.S., is 
younger than age 18, and for whom there is no parent or legal 
guardian in the U.S. who is available to care for the child.\2\ 
Through August of Fiscal Year 2022, CBP has processed 140,186 
UAC.\3\ During Fiscal Year 2021, there were 146,925 UAC 
processed by CBP.\4\ As of September 26, 2022, there were 9,267 
UAC in the custody of the Department of the Health and Human 
Services (HHS).\5\
---------------------------------------------------------------------------
    \1\U.S. Customs and Border Protection, Southwest Land Border 
Encounters, https://www.cbp.gov/newsroom/stats/southwest-land-border-
encounters.
    \2\6 U.S.C. Sec. 279(g)(2).
    \3\Id.
    \4\Id.
    \5\Information Provided by U.S. Dep't of Homeland Security, (Sept. 
27, 2022).
---------------------------------------------------------------------------
    During the Trump Administration, Committee Democrats held 
multiple hearings attacking the Administration for the 
overcrowded conditions at border facilities due to an influx of 
UAC coming across the border and because the Office of Refugee 
Resettlement (ORR) with HHS did not have the capacity to house 
UAC and process them as required by law. Since President Biden 
took office, these same Democrats have been conspicuously 
silent about the far worse conditions and lack of care that the 
Biden Administration has taken with placement of the UAC coming 
into the country during the Biden border crisis.
    On September 13, 2022, Rep. Michael Burgess (R-TX) 
introduced H. Res. 1343 to generate transparency and 
accountability about the treatment of UAC during the Biden 
Administration. Rep. Burgess's concerns stem from the 
perception that the Biden Administration is not adequately 
caring for UAC in its custody and, in an effort to quickly 
reduce the number of UAC in its care, is not following 
appropriate protocol for placing UAC with sponsors inside the 
United States.
    CBP temporarily houses aliens, including UAC, apprehended 
between ports of entry before either releasing the aliens or 
transferring custody to another agency. CBP is required by law 
to transfer UAC to the custody of the ORR within 72 hours of 
apprehension.\6\ However, historically high numbers of UAC have 
prevented CBP from sometimes meeting the 72-hour requirement 
due to excessive processing time or because ORR does not have 
the capacity to accept the transfer of the UAC. ORR contracts 
with non-governmental organizations to house UAC in shelter 
settings ranging from group homes and foster care to other 
residential or secure facilities as needed. ORR pays for and 
provides all services for children while they are in care at a 
shelter, including providing food, clothing, education, and 
medical care.
---------------------------------------------------------------------------
    \6\8 U.S.C. Sec. 1232(b)(3).
---------------------------------------------------------------------------
    Over the last dozen years, there have been multiple periods 
in which the number of UAC apprehended along the southwest 
border spiked exponentially.\7\ To relieve the overcrowding in 
CBP facilities and traditional ORR shelters during those times, 
ORR builds influx care facilities and emergency intake sites to 
process and house UAC. According to the Congressional Research 
Service (CRS), these ``facilities can be set up relatively 
quickly compared to conventional ORR-supervised state-licensed 
shelters that require between six and nine months to open.''\8\ 
These influx care facilities ``are not subject to state 
licensing requirements, are typically operated by private 
companies, and reportedly cost ORR about $775 daily per child 
compared to about $290 daily for conventional shelters.''\9\
---------------------------------------------------------------------------
    \7\William A. Kandel, Unaccompanied Alien Children: An Overview, 
Cong. Research Service (Sept. 1, 2021) Pg. 3.
    \8\Id. at 31.
    \9\Id.
---------------------------------------------------------------------------
    Once ORR obtains custody of UAC, the law requires that UAC 
must promptly be ``placed in the least restrictive setting that 
is in the best interest of the child.''\10\ For the vast 
majority of UAC, that requirement means that ORR seeks an 
individual in the U.S. to sponsor the child. If a sponsor 
cannot be found, the UAC ``are placed in a long-term care 
setting, such as community based foster care or extended care 
group home.''\11\
---------------------------------------------------------------------------
    \10\8 U.S.C. Sec. 1232(c)(2).
    \11\William A. Kandel, Unaccompanied Alien Children: An Overview, 
Cong. Research Service (Sept. 1, 2021) Pg. 12.
---------------------------------------------------------------------------
    Over the years, temporary ORR facilities have drawn 
criticism. According to CRS, ``child advocacy groups have 
expressed additional concerns about temporary facilities' large 
sizes, lack of state licensing standards and oversight, remote 
locations, and reported understaffing.''\12\ In addition, the 
Department of Health and Human Services Office of Inspector 
General has found that ORR facilities did not take adequate 
steps to prevent UAC from getting and spreading COVID-19. 
Specifically, the Inspector General ``found that these 
facilities lacked: (1) procedures for COVID-19 testing of 
children, employees, and volunteers; (2) measures to protect 
against the spread of COVID-19; and (3) procedures to report 
required testing and results to ORR and State and local health 
entities.''\13\
---------------------------------------------------------------------------
    \12\Id. at 32.
    \13\Dept. of Health and Human Services Inspector General, Office of 
Refugee Resettlement's Influx Care Facility and Emergency Intake Sites 
Did Not Adequately Safeguard Unaccompanied Children From COVID-19, 
(June 2022) (A-06-21-07002).
---------------------------------------------------------------------------
    The Biden Administration's treatment of UAC has raised 
concerns. For instance, ORR's ``expedited release policy'' for 
UAC placement with sponsors does not require fingerprint checks 
on all sponsors, and it only requires a background check on 
members of the sponsor's household ``as appropriate.''\14\ Such 
a policy could result in UAC placement in households that are 
not safe for the children.
---------------------------------------------------------------------------
    \14\Letter from Jennifer Cannistra, Acting Assistant Secretary for 
Children and Families, U.S. Dep't of Health and Human Services, to Rep. 
Andy Biggs, (Feb. 24, 2022).
---------------------------------------------------------------------------
    On September 21, 2022, the Committee considered H. Res. 
1343 at a business meeting. Chairman Nadler entered several 
documents into the record that he indicated ``largely address 
five of the seven requests contained within the 
resolution.''\15\ While those documents contained information 
relevant to five of the seven document requests made in H. Res. 
1343, they were in no way exhaustive of the documents, 
communications, and other information sought in the resolution. 
Democrats showed no interest in conducting oversight of the 
Biden Administration's treatment of UAC, contrary to their 
feigned outrage during the Trump Administration. Democrats 
voted to report H. Res. 1343 unfavorably to the House.
---------------------------------------------------------------------------
    \15\H. Comm. On Judiciary, Markup of H. Res. 1343, Of Inquiry 
Requesting the President and Directing the Secretary of Health and 
Human Resources and the Secretary of Homeland Security to Transmit, 
Respectively, Certain Documents to the House of Representatives 
Relating to Unaccompanied Alien Children, 117th Cong. (Sept. 21, 2022).
---------------------------------------------------------------------------
    If the Biden Administration had the best interests, safety, 
and welfare of UAC at heart, it would be transparent and 
provide the requested materials to the Committee. It would also 
enforce U.S. immigration law to deter aliens, including UAC, 
from making the journey to the U.S. border. Instead, the Biden 
Administration is intent on covering up its policies and 
processes that put UAC in danger and incentivize illegal 
immigration. We strongly disagree with the Committee's action 
and believe H. Res. 1343 would help to advance our oversight of 
federal immigration law.

                                                Jim Jordan,
                                                    Ranking Member.

                                  [all]