9.16 Oversight Letter To HHS Re Whistleblower Complaints

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September 16, 2021

The Honorable Xavier Becerra


Secretary
U.S. Department of Health and Human Services
200 Independence Avenue SW
Washington, D.C. 20201

Dear Secretary Becerra:

We write today to express our continued concern with the Department of Health and
Human Services’ (HHS) use of massive, no-bid contract awards to handle the ongoing
unaccompanied child crisis and whether HHS is adequately supervising those contractors. In
light of multiple whistleblower complaints received by the Committee alleging disturbing
conditions at HHS Emergency Intake Sites (EIS) housing unaccompanied children, there are
serious questions about HHS’s use of and failure to adequately oversee multiple contractors with
no childcare experience. We are concerned that this has led to gross mismanagement and abuse.
HHS opened more than a dozen emergency intake shelters in recent months to house
unaccompanied children on sites ranging from army bases to convention centers. 1 The
Committee received multiple whistleblower complaints on July 7, July 28, and September 8,
from four federal employees who were detailed to the Fort Bliss EIS and one additional federal
employee who was detailed to two other now dormant EIS sites as well as Fort Bliss. 2 They
describe poor conditions, poor management, and poor training for contractors and support
personnel. The most recent complaint indicates that HHS has continuously failed to remedy
these issues, which are “ongoing, systemic, and repeated EIS-wide.” 3 It is discouraging that
children are being subjected to such appalling conditions.
Specifically, the complaints detail that multiple private contractors were awarded massive
servicing contracts in a no-bid process even though they had no childcare experience whatsoever.

1
Hackman, Michelle & Alicia A. Caldwell, U.S. Reduces Migrant Children in Border Patrol Custody, but
Emergency Shelters Pose New Concerns, WALL STREET JOURNAL (May 5, 2021), available at
https://www.wsj.com/articles/u-s-reduces-migrant-children-in-border-patrol-custody-but-emergency-shelters-pose-
new-concerns-11620234355.
2
Letter from Government Accountability Project to U.S. House of Representatives, Committee on Oversight and
Reform, et. al. (Jul. 7, 2021), on file with committee staff; Letter from Government Accountability Project to U.S.
House of Representatives, Committee on Oversight and Reform, et. al. (Jul. 28, 2021), on file with committee staff,
Letter from Government Accountability Project to U.S. House of Representatives, Committee on Oversight and
Reform, et. al. (Sept. 8, 2021), on file with committee staff.
3
Letter from Government Accountability Project to U.S. House of Representatives, Committee on Oversight and
Reform, et. al. (Sept. 8, 2021), on file with committee staff.
Secretary Becerra
September 16, 2021
Page 2 of 5

The whistleblowers, who are federal government employees, reported that contract staff were on
the job around children before background checks were complete. On site, lines of
communication and chains of command were unclear. The complaints allege that HHS
leadership was “invisible on site.” Contractors reported that they received little to no training.
Detailees—many of whom have specialized skills, licenses, or have management and logistics
experience—were not assigned based on their experience or skill, leading to detailees being paid
six-figure salaries to babysit or perform clerical tasks on the taxpayer dime.
Given these serious management failures by HHS, it is no wonder that the whistleblowers
report poor conditions at the EIS sites. Lice were a rampant problem at multiple facilities. At
Fort Bliss in particular, the whistleblowers report that children were housed in tents with
between 1,000 and 1,500 beds in each tent. Bedding was never washed even though some
children remained in custody for months. Children frequently pleaded for clean underwear so
they could shower and have something clean to wear. Contractors played extremely loud music
at intolerable volumes early in the morning to wake up the children and yelled at them through a
bullhorn. Contractors resisted the whistleblowers’ requests for medical attention on behalf of
children in medical emergencies, and some children were made to wait for hours before being
escorted to the medical tent for care. The whistleblowers were discouraged from providing
feedback about these problems, and complaints made to HHS went unanswered.
If these reports are true, this is unacceptable. Not only is this a gross mismanagement of
taxpayer dollars, but it is inhumane treatment of children. This cannot be allowed to continue in
America. HHS must do a better job of caring for these children. The Biden Administration has
already awarded $3 billion to contractors to house these unaccompanied children, the majority of
which were comprised of no-bid contracts awarded to just three entities. 4 It is imperative that
Committee Republicans understand whether HHS is adequately supervising its contractors,
whether the contractors caring for children are actually qualified to do so, whether those
contractors are providing the services they promised in exchange for billions of dollars in
taxpayer funds, and if the allegations of neglect and poor conditions are true, then what steps are
HHS and the contractors taking to remedy the conditions.
To assist the Republicans on the Committee in conducting oversight of this issue, please
provide the following information no later than September 30, 2021 for the timeframe January
20, 2021 to present:
1. All contracts and related materials awarded to entities regarding the care of
unaccompanied minors at the Fort Bliss Emergency Intake Site;

2. All documents and communications relating to the justification and approval required
by the Federal Acquisition Regulation related to any sole-source contracts related to
the Fort Bliss Emergency Intake Site;

4
Shaw, Adam, Biden administration has spent $3B on migrant facility contracts: report, FOX NEWS (May 9, 2021),
available at https://www.foxnews.com/politics/biden-administration-border-migrant-facility-contracts-spending.
Secretary Becerra
September 16, 2021
Page 3 of 5

3. All documents and communications related to the experience of contractors caring for
children at Fort Bliss, including any information known to HHS prior to entering into
those contracts for childcare or related services;

4. All documents and communications relating to background check requirements for


contract personnel interacting with children on site at the Fort Bliss Emergency Intake
Site;

5. All documents and communications relating to training for contract personnel, federal
detailees, or any other persons interacting with children at the Fort Bliss Emergency
Intake Site;

6. All documents and communications referring or relating to any complaints elevated


to HHS by personnel at the Fort Bliss Emergency Intake Site, as well as all
documents and communications responding to those complaints.
Thank you for your attention to this important request. To make arrangements to deliver
documents or ask any related follow-up questions, please contact Committee on Oversight and
Reform Republican Staff at (202) 225-5074. The Committee on Oversight and Reform is the
principal oversight committee of the U.S. House of Representatives and has broad authority to
investigate “any matter” at “any time” under House Rule X. Thank you in advance for your
cooperation with this inquiry.

Sincerely,

_________________________ _________________________
James Comer Jody Hice
Ranking Member Ranking Member
Committee on Oversight and Reform Subcommittee on Government
Operations

_________________________ _________________________
Glenn S. Grothman Michael Cloud
Ranking Member Ranking Member
Subcommittee on National Security Subcommittee on Economic and
Consumer Policy
Secretary Becerra
September 16, 2021
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_________________________ _________________________
Ralph Norman Pete Sessions
Ranking Member Ranking Member
Subcommittee on Environment Subcommittee on Civil Rights and
Civil Liberties

_________________________ _________________________
Jim Jordan Paul A. Gosar, D.D.S.
Member of Congress Member of Congress

__________________________ __________________________
Virginia A. Foxx Bob Gibbs
Member of Congress Member of Congress

__________________________ __________________________
Clay Higgins Fred Keller
Member of Congress Member of Congress

__________________________ __________________________
Andy Biggs Andrew S. Clyde
Member of Congress Member of Congress

__________________________ __________________________
Nancy Mace Scott Franklin
Member of Congress Member of Congress

__________________________ __________________________
Jake LaTurner Pat Fallon
Member of Congress Member of Congress
Secretary Becerra
September 16, 2021
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__________________________ __________________________
Yvette Herrell Byron Donalds
Member of Congress Member of Congress

cc: The Honorable Carolyn Maloney, Chairwoman


Committee on Oversight and Reform

The Honorable Gerald E. Connolly, Chairman


Subcommittee on Government Operations

The Honorable Stephen F. Lynch, Chairman


Subcommittee on National Security

The Honorable Raja Krishnamoorthi, Chairman


Subcommittee on Economic and Consumer Policy

The Honorable Ro Khanna


Subcommittee on Environment

The Honorable Jamie Raskin, Chairman


Subcommittee on Civil Rights and Civil Liberties

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