Letter to The Hon. Dr. Robert Redfield, Director of Centers for Disease Control and Prevention - as Covid-19 Spreads out Of Control, Cdc Declines to Use Authority to Stem the Surge

Letter

Dear Dr. Redfield:
I write to you today to request information about whether the U.S. Centers for Disease
Control and Prevention's (CDC) plans to use its full legal authority to control the surge in
coronavirus disease 2019 (COVID-19) cases and ensure the health and safety of all Americans.
As cases continue to rise across the country--most severely in areas that initially took weak
preventative public health measures or reopened prematurely--it is imperative that the federal
government immediately take action to stop the spread.1 Accordingly, I request information on
the CDC's existing legal authorities to implement and enforce public health measures under
section 361 of the Public Health Service Act (42 U.S. Code § 264), which authorizes the U.S.
Secretary of Health and Human Services (HHS) to "take measures to prevent the entry and
spread of communicable diseases from foreign countries into the United States and between
states."2
Despite President Trump's and Vice President Pence's claims that concerns over a
second wave of coronavirus infections are "overblown," that one day COVID-19 will just
"disappear," and that "we are winning the fight against the invisible enemy,"
3 we are seeing a
massive surge of COVID-19 cases in nearly 50 states and territories across the country.
4 Last
week, the United States reported the highest number of new cases in a single day, with over
75,000 newly confirmed coronavirus infections.5 Today, more than 3.8 million cases have been

1 NPR, "Tracking the Pandemic: Are Coronavirus Cases Rising or Falling In Your State," July 7, 2020,
https://www.npr.org/sections/health-shots/2020/03/16/816707182/map-tracking-the-spread-of-the-coronavirus-inthe-u-s.
2 Centers for Disease Control and Prevention, "Quarantine and Isolation Legal Authorities,"
https://www.cdc.gov/quarantine/aboutlawsregulationsquarantineisolation.html.
3 White House, "There Isn't a Coronavirus "Second Wave'," Michael R. Pence, June 16, 2020,
https://www.whitehouse.gov/articles/vice-president-mike-pence-op-ed-isnt-coronavirus-second-wave/; New York
Times, "Trump Leans Into False Virus Claims in Combative Fox News Interview," Katie Rogers, July 19, 2020,
https://www.nytimes.com/2020/07/19/us/politics/trump-fox-interview-coronavirus-race.html.
4 NPR, "Tracking the Pandemic: Are Coronavirus Cases Rising or Falling In Your State," July 7, 2020,
https://www.npr.org/sections/health-shots/2020/03/16/816707182/map-tracking-the-spread-of-the-coronavirus-inthe-u-s.
5 University of Minnesota Center for Infectious Disease Research and Policy, "U.S. Sets Daily COVID-19 record:
75,000 new cases," Stephanie Soucheray, July 17, 2020, https://www.cidrap.umn.edu/news-perspective/2020/07/ussets-daily-covid-19-record-75000-new-cases.
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diagnosed nationwide and over 140,000 Americans have died.6
In response to my questioning at
a Senate Health, Education, Labor, and Pensions Committee Hearing, Dr. Anthony Fauci
testified that the situation could become significantly worse, saying he "would not be surprised if
we go up to 100,000 a day if this does not turn around."7
Dr. Fauci also emphasized that, "when you have an outbreak in one part of the country,
even though in other parts of the country they're doing well, they are vulnerable. ...We can't just
focus on those areas that are having the surge. It puts the entire country at risk." Dr. Fauci's
concerns underscore the important point that the surge in cases we are seeing as states have
continued to reopen poses a significant public health threat to the country as a whole.
You have said, "The time is now…I think if we could get everybody to wear a mask right
now I think in four, six, eight weeks we could bring this epidemic under control."8 Therefore, I
am requesting more information on whether and how the CDC plans to use its authorities under
42 CFR, Part 70 on Interstate Quarantine to institute mask mandates, implement restrictions on
gatherings, reverse re-openings, and enforce other public health measures. Title 42 Section 70.2,
"Measures in the event of inadequate local control," states that:
Whenever the Director of the Centers for Disease Control and Prevention
determines that the measures taken by health authorities of any State or
possession (including political subdivisions thereof) are insufficient to prevent the
spread of any of the communicable diseases from such State or possession to any
other State or possession, he/she may take such measures to prevent such spread
of the diseases as he/she deems reasonably necessary….
9
These authorities were delegated to the CDC to address significant public health threats
that cross state and municipal borders and therefore cannot be controlled by a single state or
community--such as the ongoing COVID-19 pandemic. Given the overwhelming evidence
showing that social distancing, wearing a mask, and careful reopening save lives, and the
ongoing indications that other actions currently being taken by many states are "insufficient to
prevent the spread" of the coronavirus, I am requesting information about whether the CDC has
taken any efforts to exercise these authorities or evaluate whether certain states or local
jurisdictions would warrant and benefit from more serious interventions from federal public
health authorities.
Specifically, I would like you to provide me with information on whether the CDC has
considered efforts to implement mask requirements, a limit on gatherings, and other measures
that the CDC has recommended to stop the spread of the virus--such as the non-public White
House Coronavirus Task Force recommendations obtained by the Center for Public Integrity,

6
Johns Hopkins Coronavirus Resource Center, Accessed July 20, 2020, https://coronavirus.jhu.edu/map.html.
7 CNBC, "Dr. Anthony Fauci says U.S. coronavirus outbreak is "going to be very disturbing,' could top 100,000
new cases a day," William Feuer and Noah Higgins-Dunn, June 30, 2020, https://www.cnbc.com/2020/06/30/faucisays-us-coronavirus-outbreak-is-going-to-be-very-disturbing-could-top-100000-cases-a-day.html.
8 CNBC, "CDC says U.S. could get coronavirus under control in one to two months if everyone wears a mask,"
Berkeley Lovelace Jr. and Will Feuer, July 14, 2020, https://www.cnbc.com/2020/07/14/cdc-says-us-could-getcoronavirus-under-control-in-one-to-two-months-if-everyone-wears-a-mask.html.
9 42 CFR Part 70.2.
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which suggest that "more than a dozen states should revert to more stringent protective
measures, limiting social gatherings to 10 people or fewer, closing bars and gyms and asking
residents to wear masks at all times."10 In addition, given the Secretary's broad mandate under
Section 361 to prevent the spread of infectious diseases, I would like to know whether the CDC
will use its authorities to intervene in instances where state governors or other officials order the
removal of restrictions or mask mandates. Allowing orders of this kind, like Georgia Governor
Brian Kemp's announcement last week, would seem to be in direct contradiction to the
Department's mandate.11 Finally, I ask that you provide information on the enforcement
mechanisms available to the agency, should it invoke its authorities under 42 CFR, Part 70 on
Interstate Quarantine or Section 361 broadly to ensure state and local compliance with public
health practices that could prevent the interstate spread of COVID-19.
Thank you for your attention to this matter. I request a written answer by no later than
July 31, 2020.
Sincerely,

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