Resolution of Inquiry Directing the President to Provide Certain Documents Relating to COVID–19 Funding
Summary
House Report 117–532 is an adverse report of the Committee on Energy and Commerce, submitted by Mr. Pallone and ordered to be printed September 29, 2022, with minority views, on H. Res. 1263, a resolution of inquiry directing the President to provide certain documents relating to COVID-19 funding. The Committee reports unfavorably without amendment and recommends that the resolution not be agreed to. The report states that the resolution would direct the President to furnish, within 14 days, documents on the data, modeling and projections behind the spring 2022 COVID-19 supplemental funding request, an accounting of unobligated American Rescue Plan funds, and an accounting of funds spent on at-home test kits. Its background section describes the American Rescue Plan, including 14.5 million consumers signing up for health insurance in 2022.
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“Resolution of Inquiry Directing the President to Provide Certain Documents Relating to COVID–19 Funding.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–532
RESOLUTION OF INQUIRY DIRECTING THE PRESIDENT TO PROVIDE CER-
TAIN DOCUMENTS IN THE PRESIDENT’S POSSESSION TO THE HOUSE OF
REPRESENTATIVES RELATING TO COVID–19 FUNDING
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
ADVERSE REPORT
together with
MINORITY VIEWS
[To accompany H. Res. 1263]
The Committee on Energy and Commerce, to whom was referred
the resolution (H. Res. 1263) of inquiry directing the President to
provide certain documents in the President’s possession to the
House of Representatives relating to COVID–19 funding, having
considered the same, report unfavorably thereon without amend-
ment and recommend that the resolution not be agreed to.
CONTENTS
Page
I. Purpose and Summary .................................................................................. 2
II. Background and Need for the Legislation ................................................... 2
III. Committee Hearings ...................................................................................... 3
IV. Committee Consideration .............................................................................. 3
V. Committee Votes ............................................................................................ 3
VI. Oversight Findings ........................................................................................ 6
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures 6
VIII. Federal Mandates Statement ....................................................................... 6
IX. Statement of General Performance Goals and Objectives .......................... 6
X. Duplication of Federal Programs .................................................................. 6
XI. Committee Cost Estimate ............................................................................. 6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits .................. 6
XIII. Advisory Committee Statement .................................................................... 6
XIV. Applicability to Legislative Branch .............................................................. 7
XV. Section-by-Section Analysis of the Legislation ............................................ 7
XVI. Changes in Existing Law Made by the Bill, as Reported ........................... 7
XVII. Minority Views ............................................................................................ 8
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2
I. PURPOSE AND SUMMARY
H. Res. 1263 directs the President to, not later than 14 days
after the adoption of the resolution, furnish to the House of Rep-
resentatives copies of any document or communication in the Presi-
dent’s possession that refers or relates to: (1) the data, modeling,
and projections used by the President to develop the coronavirus
disease of 2019 (COVID–19) supplemental funding request in the
spring of 2022 (including COVID–19 funding that was available,
and not obligated or expended, as of developing such request, any
projections related to the number of COVID–19 cases and hos-
pitalizations associated with such request, and any projections for
the number of COVID–19 tests, vaccines, and therapeutics to be
paid for by the Federal Government); (2) an accounting of funds
that were made available by the American Rescue Plan Act and
have not been obligated or expended; and (3) an accounting of
funds obligated or expended by the executive branch for COVID–
19 at-home test kits.
II. BACKGROUND AND NEED FOR LEGISLATION
H.R. 1319, the American Rescue Plan Act of 2021, became law
on February 24, 2021. The American Rescue Plan brought direct
economic relief to American families and businesses struggling due
to the effects of the COVID–19 pandemic. With respect to health
care, the American Rescue plan significantly lowered and, in some
cases, eliminated health insurance premiums for low- and middle-
income families. A record breaking 14.5 million consumers signed
up for health insurance through HealthCare.gov and state-based
marketplaces during the 2022 open enrollment period.1 Addition-
ally, more than 90 percent of people enrolling through
HealthCare.gov received financial assistance, and 4 out of 5 found
plans that cost less than $10 per month. The American Rescue
Plan also funded a national vaccination program. Currently, 68
percent of the U.S. population is fully vaccinated.2
On January 19, 2022, the Administration launched
COVIDTests.gov so that Americans could have free at-home
COVID–19 tests shipped directly to their homes.3 More than 600
million tests have been distributed through this program.4
While COVID–19 cases, hospitalizations, and deaths are signifi-
cantly lower than they were at the beginning of 2022,5 nearly 3,000
Americans still die each week from COVID–19.6 Given the ongoing
impacts of the pandemic, in March 2022 the Administration re-
quested that Congress provide $22.5 billion in additional funding
to support the nation’s response to COVID–19.7 The Administra-
tion provided Congress, and this Committee, with detailed justifica-
1 U.S. Department of Health and Human Services, What Happens to Premiums if the Extra
Help from the American Rescue Plan Expires? (June 22, 2022) (https://www.hhs.gov/about/news/
2022/06/22/fact-sheet-what-happens-premiums-if-extra-help-american-rescue-plan-expires.html).
2 Centers for Disease Control and Prevention, COVID Data Tracker (https://covid.cdc.gov/
covid-data-tracker/#vaccinations_vacc-people-fully-percent-total) (accessed Sep. 22, 2022).
3 The White House, Fact Sheet: The Biden Administration to Begin Distributing At-Home,
Rapid COVID–19 Test to Americans for Free (Jan. 14, 2022) (press release).
4 U.S. to Suspend Free COVID–19 Test Orders Next Week, Reuters (Aug. 29, 2022).
5 Centers for Disease Control and Prevention, COVID Data Tracker (https://covid.cdc.gov/
covid-data-tracker/#trends_dailydeaths_select_00) (accessed Sep. 22, 2022).
6 Hundreds of Americans Will Die from COVID Today, The Atlantic (Sep. 16, 2022).
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7 Letter from Shalanda D. Young, Acting Director of the Office of Management and Budget,
to Speak of the House Nancy Pelosi (Mar. 2, 2022).
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3
tions and bipartisan briefings on its supplemental funding request.
Funding would be used to, for example, procure vaccines effective
against new variants, develop next-generation vaccines and thera-
peutics, purchase personal protective equipment for the Strategic
National Stockpile, support testing and programs for the unin-
sured, and fund new research activities. Congressional Republicans
rejected the Administration’s request for supplemental funding to
support ongoing COVID–19 response efforts.8
The Department of Health and Human Services maintains a
public website providing data on COVID–19 funding provided
through the American Rescue Plan and other laws.9 Information
about pandemic relief spending has also been made available
through USASpending.gov, press statements, and briefings pro-
vided to bipartisan Members of Congress and staff. The Adminis-
tration has also provided regular updates and information to Con-
gress on the accounting of funds that were made available by the
ARP and funds that have not yet been expended or obligated. Addi-
tionally, the Administration has made a number of public an-
nouncements on funding for COVID–19 at home test kits.10 11 The
documents and information requested in H. Res. 1263 have been
made available to both Congress and to the public. Given the infor-
mation sought has been provided already and the many good faith
efforts to be transparent, the Committee ordered H. Res. 1263 re-
ported to the House adversely.
III. COMMITTEE HEARINGS
The Committee on Energy and Commerce has not held a hearing
on H. Res. 1263.
IV. COMMITTEE CONSIDERATION
H. Res. 1263 was introduced on July 26, 2022, by Representative
Bucshon (R–IN) and was referred to the Committee on Energy and
Commerce. Subsequently, on July 27, 2022, the resolution was re-
ferred to the Subcommittee on Health. The resolution was dis-
charged from the Subcommittee on Health on September 21, 2022.
On September 21, 2022, the Committee met in open markup ses-
sion and ordered H. Res. 1263, without amendment, adversely re-
ported to the House by a recorded vote of 30 yeas and 24 nays.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list each record vote on the motion
to report legislation and amendments thereto. The Committee ad-
vises that there was one record vote taken on H. Res. 1263, includ-
ing a motion by Mr. Pallone ordering H. Res. 1263 adversely re-
ported to the House, without amendment. The motion on unfavor-
ably reporting the resolution was approved by a record vote of 30
yeas to 24 nays. The following are the record votes taken during
8 Senate GOP Opposes Biden Request for Covid, Monkeypox Funds, Bloomberg (Sep. 7, 2022).
9 HHS Tracking Accountability in Government Grants System (TAGGS), HHS COVID–19
Funding Overview (https://taggs.hhs.gov/Coronavirus/Overview) (accessed Sep. 22, 2022).
10 The White House, COVID–19 Response Team and Public Health Officials (Oct. 6, 2021)
(press briefing).
11 U.S. Department of Defense, DOD Awards Contracts to Purchase COVID–19 Antigen Over-
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the-Counter Test Kits in Support of POTUS’ One Billion Free At-Home COVID–19 Tests (Feb.
18, 2022) (press release).
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4
Committee consideration, including the names of those members
voting for and against:
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5
'1I:ommittre on lli:nergp anb QI:ommme
117 th Congress
Full Committee
(ratio: 32-26)
R0LLCALLV0TE#l47
Bill: H.Res. 1263, a resolution of inquiry directing the President to provide
certain documents in the President's possession to the House of
Representatives relating to COV!D-19 funding
Vote: Report adversely to the House
Disposition: AGREED TO by a roll call vote of 30 yeas to 24 nays
REPRESENTATIVE YEAS NAYS PRESENT REPRESENTATIVE YEAS NAYS PRESENT
Mr. Pallone X Mrs. Rodgers X
Mr. Rush X Mr. Uoton X
Ms. Eshoo X Mr. Burgess X
Ms. DeGetle X Mr. Scalise
Mr. Doyle X Mr. Latta X
Ms. Schakowsky X Mr. Guthrie X
Mr. Butterfield X Mr. McKinlev X
Ms. Matsui X Mr. Kinzinger
Ms. Castor X Mr. Griffith X
Mr. Sarbanes X Mr. Bilirakis X
Mr. McNemey X Mr. Johnson X
Mr. Welch X Mr. Long X
Mr. Tonka X Mr. Bucshon X
Ms. Clarke X Mr.Mullin X
Mr. Schrader Mr. Hudson X
Mr. Cardenas X Mr. Walberg X
Mr. Ruiz X Mr. Carter X
Mr. Peters X Mr. Duncan X
Mrs. Dingell X Mr. Palmer X
Mr. Veasey X Mr. Dunn X
Ms. Kuster Mr. Curtis X
Ms. Kellv X Ms. Lesko X
Ms. Barragan X Mr. Pence X
Mr. McEachin X Mr. Crenshaw X
Ms. Blunt Rochester X Mr. Joyce X
Mr. Soto X Mr. Annstrom, X
Mr. O'Halleran X
Ms. Rice X
Ms. Craig X
Ms. Schrier X
Ms. Trahan X
Ms. Fletcher X
09121122
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6
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 find-
ings 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 Rep-
resentatives, the Committee adopts as its own the estimate of new
budget authority, entitlement authority, or tax expenditures or rev-
enues 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 expendi-
tures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates 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 pro-
vide certain documents in the President’s possession to the House
of Representatives relating to COVID–19 funding.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of H. Res.
1263 is known to be duplicative of another Federal program, in-
cluding any program that was included in a report to Congress pur-
suant to section 21 of Public Law 111–139 or the most recent Cata-
log 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 Congres-
sional 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. 1263 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
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Federal Advisory Committee Act was created by this legislation.
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7
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 Con-
gressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
H. Res. 1263 directs the President to, not later than 14 days
after the adoption of the resolution, furnish to the House of Rep-
resentatives copies of any document or communication in the Presi-
dent’s possession that refers or relates to: (1) the data, modeling,
and projections used by the President to develop the COVID–19
supplemental funding request in the spring of 2022 (including
COVID–19 funding that was available, and not obligated or ex-
pended, as of developing such request, any projections related to
the number of COVID–19 cases and hospitalizations associated
with such request, and any projections for the number of COVID–
19 tests, vaccines, and therapeutics to be paid for by the Federal
Government); (2) an accounting of funds that were made available
by the American Rescue Plan Act and have not been obligated or
expended; and (3) an accounting of funds obligated or expended by
the executive branch for COVID–19 at-home test kits.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H. Res.
1263.
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XVII. MINORITY VIEWS
Energy and Commerce Committee Republicans maintain that the
Biden Administration’s accounting of how it spent trillions of dol-
lars in past COVID–19 relief funding has been woefully inad-
equate. Since the beginning of the COVID–19 pandemic, the
United States Congress has passed five bipartisan COVID–19 relief
bills totaling more than three trillion dollars.1 In addition, Demo-
crats in Congress rammed through a nearly $2 trillion spending
bill known as the ‘‘American Rescue Plan Act of 2021,’’ 2 through
a partisan reconciliation process. Less than nine percent of the
bill’s spending actually went to fighting the virus.3 Much of the
rest of the spending went towards wasteful initiatives that sent
prices soaring, robbing families of their hard-earned wages. Exam-
ples of ridiculous waste in the $2 trillion spending bill that fueled
the inflation crisis include millions of dollars that went to things
like a ski resorts, a luxury hotel development, a bird sanctuary, a
golf course, horse racing, and pickleball courts.4 Thanks to this
reckless spending, the American people are suffering from record-
high inflation that has outpaced inflation in other developed coun-
tries.5
And yet, the Biden Administration continues to ask for more, de-
spite these record levels of inflation and billions of unspent dollars
in relief funds. In March of 2022, the Biden Administration asked
Congress for billions in new supplemental funding for the COVID–
19 response, threatening that lack of new spending would ‘‘set us
back in this fight, leave us less prepared, and cost us more lives’’
if Congress didn’t act.6 Congress prudently called the Administra-
tion’s bluff and did not provide additional money, forcing the Ad-
ministration to be more fiscally responsible and reprioritize exist-
ing funding. In September, the Office of Management and Budget
again requested $22.4 billion to maintain COVID–19 response and
1 Nicholas Wu and Javier Zarracina, All of the COVID–19 stimulus bills, visualized, USA
Today (March 17, 2021), available at https://www.usatoday.com/in-depth/news/2021/03/11/covid-
19-stimulus-how-much-do-coronavirus-relief-bills-cost/4602942001/.
2 Public Law 117–2.
3 House Budget Committee Republicans, Smith Marks One-Year Anniversary of American Res-
cue Plan, Slamming Biden WH for Billions in Taxpayer Waste, Failed Economic Policies, and
40-Year High Inflation, Press Release (March 11, 2022), available at https://republicans-budg-
et.house.gov/press-release/smith-marks-one-year-anniversary-of-american-rescue-plan-slamming-
biden-wh-for-billions-in-taxpayer-waste-failed-economic-policies-and-40-year-high-inflation/.
4 U.S. Representative Jason Smith, Smith Opening Statement: House Budget Committee Hear-
ing on the American Rescue Plan, House Budget Committee (June 14, 2022), available at https://
republicans-budget.house.gov/speeches-statements/smith-opening-statement-house-budget-com-
mittee-hearing-on-the-american-rescue-plan/.
5 Òscar Jordà, Celeste Liu, Fernanda Nechio, and Fabián Rivera-Reyes, Why Is U.S. Inflation
Higher than in Other Countries?, Research from the Federal Reserve Bank of San Francisco
(March 28, 2022), available at https://www.frbsf.org/economic-research/publications/economic-let-
ter/2022/march/why-is-us-inflation-higher-than-in-other-countries/.
6 The White House, FACT SHEET: Consequences of Lack of Funding for Efforts to Combat
COVID–19 if Congress Does Not Act, Press Release (March 15, 2022), available at https://
www.whitehouse.gov/briefing-room/statements-releases/2022/03/15/fact-sheet-consequences-of-
lack-of-funding-for-efforts-to-combat-covid-19-if-congress-does-not-act/.
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(8)
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9
preparation efforts.7 Again, Congress told the Executive Branch to
repurpose funds left over from earlier pandemic relief packages and
begin transitioning the costs of certain initiatives, such as coverage
of vaccines and therapeutics, to the private sector or general public.
While the White House has complained that this reallocation would
negatively impact the progress made in fighting the virus, the over-
all reduction in COVID cases, hospitalizations, and deaths suggests
otherwise. The World Health Organization recently stated that ‘‘the
end is in sight’’ for the pandemic, as global deaths hit the lowest
they have been since 2020.8 The World Health Organization is
right—although the United States will likely see an uptick in cases
this fall and winter when Americans head indoors, the combination
of vaccines, therapeutics, natural immunity, individual common
sense and personal risk assessment, have put the nation on the
path to normalcy. Indeed, even President Biden agrees, recently
stating in an interview on 60 Minutes that while the country still
has ‘‘a problem’’ with COVID–19, ‘‘the pandemic is over.’’ 9
Given that the President says the pandemic is over, Energy and
Commerce Committee Republicans are bewildered by Democrats’
continual asks for COVID–19 response funding, with no meaning-
ful justification of need, while refusing to start the process of wind-
ing down the public health emergency. This is particularly vexing,
because if the need was so great, Democrats could have included
additional funding in the deceptively named ‘‘Inflation Reduction
Act,’’ 10 another partisan reconciliation that will fail to reduce infla-
tion and further increase prices. To date, the Republicans in both
the House and Senate have been unable get a sufficient accounting
of exactly how the Biden administration has spent federal dollars
on so-called COVID–19 relief initiatives. This Resolution of Inquiry
requests that the President of the United States furnish all docu-
ments or communication in his possession related to: data, mod-
eling, and projections used by the Administration to develop the re-
cent supplemental funding requests; an accounting of funds that
were made available by the American Rescue Plan Act that have
not been obligated or expended; and an accounting of funds obli-
gated or expended by the executive branch for COVID–19 at-home
test kits. The Administration has been flush with cash for COVID–
19, and the American people deserve to know how their precious
taxpayer dollars have been spent.
CATHY MCMORRIS RODGERS,
Republican Leader, Committee on Energy and Commerce.
Æ
7 Dave Muoio, GOP lawmakers throw cold water on White House’s latest $26B COVID,
monkeypox ask, Fierce Healthcare (September 8, 2022), available at https://
www.fiercehealthcare.com/providers/biden-administration-asks-congress-include-over-26b-covid-
monkeypox-fy23-budget-stopgap.
8 Manas Mishra, End of COVID pandemic is ‘in sight’ -WHO chief, Reuters (September 14,
2022), available at https://www.reuters.com/business/healthcare-pharmaceuticals/who-chief-says-
end-sight-covid-19-pandemic-2022-14/.
9 Scott Pelley, President Joe Biden: The 2022 60 Minutes Interview, CBS News (September 18,
2022), available at https://www.cbsnews.com/news/president-joe-biden-60-minutes-interview-
transcript-2022-18/.
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10 Public Law 117–169.
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