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Department of Homeland Security 245 Murray Lane, SW Washington, DC 20528 RON JOHNSON, WISCONSIN, CHAIRMAN ROB PORTMAN, OHIO GARY C. PETERS, MICHIGAN RAND PAUL, KENTUCKY THOMAS R. CARPER, DELAWARE JAMES LANKFORD, OKLAHOMA MAGGIE HASSAN, NEW HAMPSHIRE MITT ROMNEY, UTAH KAMALA D. HARRIS, CALIFORNIA RICK SCOTT, FLORIDA KYRSTEN SINEMA, ARIZONA MICHAEL B. ENZI, WYOMING JACKY ROSEN, NEVADA JOSH HAWLEY, MISSOURI United States Senate COMMITTEE ON GABRIELLE D’ADAMO SINGER, STAFF DIRECTOR DAVID M. WEINBERG, MINORITY STAFF DIRECTOR HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS WASHINGTON, DC 20510–6250 December 21, 2020 The Honorable Chad Wolf Acting Secretary U.S. Department of Homeland Security 245 Murray Lane, SW Washington, DC 20528 The Honorable Peter T. Gaynor Administrator Federal Emergency Management Agency 500 C Street, SW Washington, DC 20472 Dear Acting Secretary Wolf and Administrator Gaynor, The United States Senate Committee on Homeland Security and Governmental Affairs is conducting oversight of the federal government’s response to the novel coronavirus (COVID-19) pandemic. This letter follows my November 18, 2020 notification to federal departments and agencies to preserve all documents and communications in accordance with the law, which includes documents and communications regarding the government’s COVID-19 response. The U.S. is in the midst of one of the deadliest national and public health security threats in a century and the federal government’s response has had, and will continue to have, a decisive impact on efforts to save lives and overcome the pandemic. On November 4, 2020, for the first time, more than 100,000 Americans tested positive for COVID-19 in a single day. This number doubled less than one month later, when on December 2, 2020, over 200,000 Americans tested positive for COVID-19. Over a quarter of a million Americans (more than 300,000 by this letter’s date) have died from COVID-19 in the U.S. in the ten months since the first cases were detected.1 Although the U.S. accounts for only four percent of the world’s population, it represents nearly twenty percent of global COVID-19 cases and deaths since the pandemic began.2 1 How the Coronavirus Death Toll Compares to Other Deadly Events From American History, Time (Sept. 22, 2020) (https://time.com/5815367/coronavirus-deaths-comparison/); One-Day US Deaths Top 3,000, More than D- Day or 9-11, Associated Press (Dec. 10, 2020) (https://www.usnews.com/news/health-news/articles/2020-12- 10/one-day-us-deaths-top-3-000-more-than-d-day-or-9-11). 2 U.S. Census Bureau, Stats for Stories: World Population Day: July 11, 2020 (July 11, 2020) (https://www.census.gov/newsroom/stories/world-population-day.html); John Hopkins University Coronavirus Resource Center, COVID-19 Dashboard by the Center for Systems Science and Engineering (accessed Nov. 18, 2020) (https://coronavirus.jhu.edu/map.html). The U.S. COVID-19 mortality rate is more than twice that of Canada, nearly triple that of Russia, and almost fifty times that of Japan. See John Hopkins University Coronavirus Resource Center, Mortality Analyses (accessed Nov. 18, 2020) (https://coronavirus.jhu.edu/data/mortality). The Honorable Chad Wolf The Honorable Peter T. Gaynor December 21, 2020 Page 2 These deaths are tragic and I do not accept that the current state of affairs was inevitable. Congressional oversight of the executive branch is now necessary to understand and assess the U.S.’s response to the COVID-19 pandemic and any needed reforms to combat this and future pandemics. I am particularly concerned about recent analysis that estimates at least 130,000 U.S. deaths “could have been avoided with earlier policy interventions and more robust federal coordination and leadership.”3 I will use every authority under this Committee to seek answers regarding how and why the Administration made key decisions in preparation for and in response to the COVID-19 pandemic. This includes decisions that have resulted in a lack of critical personal protective equipment (PPE) for emergency and first responders, insufficient testing, overwhelmed hospitals, and, reportedly, a failure to secure an extra 100 million doses of a critical and promising COVID-19 vaccine for distribution in the U.S. before it was offered to other countries.4 As early as February 2020, President Trump was informed of the severity and lethality of COVID-19.5 However, as COVID-19 began spreading in the U.S., large gatherings such as Mardi Gras continued without any federal warning of the pandemic’s increasing threat.6 The Administration also made the decision to leave states largely with the burden of procuring sufficient supplies of PPE and testing materials as COVID-19 cases surged throughout the U.S.7 I also intend to find out why the Administration continually shifted key roles and responsibilities for the pandemic response and what effect these changes had on the government’s ability to effectively contain the pandemic. In January 2020, the White House established a Coronavirus Task Force with Health and Human Services (HHS) Secretary Azar as the lead.8 One month later, on February 26, the President designated Vice President Mike Pence 3 Columbia University, National Center for Disaster Preparedness, 130,000 – 210,000 Avoidable COVID-19 Deaths and Counting – In the U.S. (Oct. 21, 2020) (https://ncdp.columbia.edu/custom-content/uploads/2020/10/Avoidable- COVID-19-Deaths-US-NCDP.pdf). 4 U.S. Government May Find It Hard To Get More Doses Of Pfizer's COVID-19 Vaccine, NPR (Dec. 10, 2020) (https://www.npr.org/sections/health-shots/2020/12/10/944857395/us-government-may-find-it-hard-to-get-more- doses-of-pfizers-covid-19-vaccine). 5 Trump told Bob Woodward he knew in February that COVID-19 was ‘deadly stuff’ but wanted to ‘play it down,’ NBC News (Sept. 9, 2020) (https://www.nbcnews.com/politics/donald-trump/trump-told-bob-woodward-he-knew- february-covid-19-was-n1239658). 6 ‘We were not given a warning’: New Orleans mayor says federal inaction informed Mardi Gras decision ahead of covid-19 outbreak, Washington Post (Mar. 26, 2020) (https://www.washingtonpost.com/national/coronavirus-new- orleans-mardi-gras/2020/03/26/8c8e23c8-6fbb-11ea-b148-e4ce3fbd85b5_story.html). 7 White House issues coronavirus testing guidance that leaves states in charge, Washington Post (Apr. 27, 2020) (https://www.washingtonpost.com/politics/white-house-issues-coronavirus-testing-guidance-that-leaves-states-in- charge/2020/04/27/c465cc9c-88a2-11ea-8ac1-bfb250876b7a_story.html). Throughout the past nine months, the U.S. has continued to experience PPE shortages, especially in key health care and law enforcement sectors. See Face Masks Are Again in Short Supply as Covid-19 Cases Surge, Wall Street Journal (Nov. 4, 2020) (https://www.wsj.com/articles/face-masks-are-again-in-short-supply-as-covid-19-cases-surge-11604499588). 8 White House, Statement from the Press Secretary Regarding the President’s Coronavirus Task Force (Jan. 29, 2020) (https://www.whitehouse.gov/briefings-statements/statement-press-secretary-regarding-presidents- coronavirus-task-force/). The Honorable Chad Wolf The Honorable Peter T. Gaynor December 21, 2020 Page 3 to serve as the Head of the Task Force.9 Similarly, when Secretary Azar declared a public health emergency on January 31, 2020, HHS headed the federal government’s response.10 Six weeks later, the Federal Emergency Management Agency (FEMA) was designated as the lead role for coordinating the response.11 And months after that, FEMA delegated key procurement and supply responsibilities to the Department of Defense (DOD).12 This Administration must also explain the basis for the guidance it has provided to the public throughout the pandemic and whether political interference at key scientific agencies tainted that guidance. Despite the well-documented community transmission of the virus and the increasing rise in U.S. cases in March 2020, the Centers for Disease Control and Prevention (CDC) initially made the decision to not recommend wearing masks in public. On March 16, 2020, the White House announced its “Coronavirus Guidelines for America – 15 Days to Slow the Spread” campaign which did not include guidance to wear masks.13 In April 2020, the former director of the Biomedical Advanced Research and Development Authority leading vaccine research was fired after allegedly resisting pressure from HHS leadership to approve potentially harmful drugs to treat COVID-19.14 In July 2020, in the middle of the pandemic, HHS changed its data collection practices when it awarded a contract to TeleTracking Technologies, Inc. to collect hospital data, a task embedded within the CDC.15 This Committee has a responsibility as the chief oversight committee of the U.S. Senate with broad jurisdiction over all government operations to conduct a comprehensive review of the federal government’s COVID-19 pandemic response to date and to recommend any reforms that may be necessary. To that end, please provide the following documents and communications as soon as possible, but no later than January 5, 2021. Please refer to the attached Schedule A for information on how to respond to this request and for the types of documents and 9 White House, Remarks by President Trump, Vice President Pence, and Members of the Coronavirus Task Force in Press Conference (Feb. 26, 2020) (https://www.whitehouse.gov/briefings-statements/remarks-president-trump-vice- president-pence-members-coronavirus-task-force-press-conference/). 10 U.S. Department of Health and Human Services, Secretary Azar Declares Public Health Emergency for United States for 2019 Novel Coronavirus (Jan. 31, 2020) (https://www.hhs.gov/about/news/2020/01/31/secretary-azar- declares-public-health-emergency-us-2019-novel-coronavirus.html). 11 FEMA Takes Over Coordinating Role in Federal Coronavirus Response, Bloomberg Law (Mar. 19, 2020) (https://news.bloomberglaw.com/daily-labor-report/fema-takes-over-coordinating-role-in-federal-coronavirus- response); U.S.
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