[Congressional Record Volume 167, Number 130 (Monday, July 26, 2021)]
[House]
[Pages H3878-H3880]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               CHAI SUTHAMMANONT REMEMBRANCE ACT OF 2021

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 978) to require the head of each agency to establish a 
safety plan relating to COVID-19 for any worksite at which employees or 
contractors are required to be physically present during the COVID-19 
pandemic, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 978

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Chai Suthammanont 
     Remembrance Act of 2021''.

     SEC. 2. WORKSITE SAFETY FOR FEDERAL EMPLOYEES AND 
                   CONTRACTORS.

       (a) Issuance of Policies and Procedures by Agencies.--Not 
     later than 60 days after the date of the enactment of this 
     Act, the head of each agency, in consultation with the Chief 
     Human Capital Officer of the agency and the Assistant 
     Director of Administration of the agency (or any individual 
     holding an equivalent position) shall--
       (1) establish, and publish on the website of that agency, a 
     safety plan containing procedures and policies for--
       (A) covered worksites; and
       (B) being present at a covered worksite; and
       (2) communicate such plan to each employee of the agency 
     and contractor of the agency (and any subcontractor thereof 
     at any tier) in such a manner as to ensure that each such 
     employee and contractor acknowledges receipt and 
     understanding of the plan.
       (b) Plan.--The safety plan required under subsection (a) 
     shall, at a minimum, include the following:
       (1) A description of the efforts of the agency with respect 
     to mitigating the spread of COVID-19 at covered worksites, 
     including the following:
       (A) A description of any personal protective equipment that 
     is being or will be provided by the agency to any employee of 
     the agency and contractor of the agency (and any 
     subcontractor thereof at any tier) physically present at a 
     covered worksite.
       (B) A description of any procedures established by the 
     agency for--
       (i) testing employees of the agency and contractors of the 
     agency (and any subcontractor thereof at any tier) required 
     to be present at a covered worksite;
       (ii) contact-tracing at covered worksites, including 
     procedures by which such employees and contractors (and any 
     subcontractor thereof at any tier) will be notified of a 
     potential exposure to an individual who is diagnosed with 
     COVID-19; and
       (iii) administering the COVID-19 vaccine to employees of 
     the agency.
       (2) Guidance on--
       (A) any cleaning protocols to be implemented at covered 
     worksites;
       (B) occupancy limits for covered worksites; and
       (C) the use of appropriate face coverings by employees of 
     the agency and contractors of the agency (and any 
     subcontractor thereof at any tier) while physically present 
     at a covered worksite.
       (3) A description of the actions the agency is or will be 
     taking to protect from exposure to COVID-19 employees of the 
     agency who conduct activities in an official capacity while 
     not physically present at a covered worksite, including 
     employees of the agency--
       (A) who are required to travel in an official capacity; or
       (B) perform audits or inspections.
       (4) A description of any requirements that members of the 
     public are required to meet in order to enter a facility in 
     which covered worksites are located.
       (5) A description of any alternative option to being 
     physically present at a covered worksite that are available 
     for employees who--
       (A) have a high risk of contracting COVID-19 (as determined 
     by the Director of the Centers for Disease Control and 
     Prevention); or
       (B) live in a household with individuals that have a high 
     risk of contracting COVID-19 (as determined by the Director 
     of the Centers for Disease Control and Prevention).
       (6) A description of any rule or protocol regarding whether 
     employees of the agency required to be physically present at 
     covered worksites are--
       (A) required to be fully vaccinated before being present at 
     covered worksites; or
       (B) allowed to take leave--
       (i) to get each dose of the vaccine; or
       (ii) upon experiencing severe side-effects as a result of 
     receiving any dose of such vaccine.
       (7) Protocols that ensure the continuity of operations, 
     including a plan to reverse any requirement for an employee 
     or contractor (or subcontractor thereof at any tier) to be 
     present at a facility in which covered worksites are located 
     if there is a surge in

[[Page H3879]]

     COVID-19 cases in the geographic area of such facility.
       (8) The hotline website and hotline telephone number of the 
     Inspector General of the agency for employees of the agency 
     and contractors of the agency (and any subcontractor thereof 
     at any tier) to report to the Inspector General any instance 
     in which the agency is not implementing the plan required by 
     this section.
       (c) Delayed Applicability for Certain Worksites.--For any 
     worksite that the head of the agency has temporarily closed 
     due to COVID-19, the requirements of subsection (a) shall be 
     carried out not later than 30 days before any employee of the 
     agency or contractor of any agency (or any subcontractor 
     thereof at any tier) is required to be physically present at 
     such worksite.
       (d) Inspectors General Reports.--Not later than 6 months 
     after the date of the enactment of this Act, the Inspector 
     General of each agency shall submit to the Committee on 
     Oversight and Reform of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report on whether that agency--
       (1) has published and communicated the public safety plan 
     required by subsection (a), in accordance with such 
     subsection; and
       (2) implemented such plan.
       (e) Application.--Nothing in this Act shall be construed to 
     alter or otherwise limit the rights and obligations afforded 
     under chapter 71 of title 5, United States Code.
       (f) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given that 
     term in section 551 of title 5, United States Code.
       (2) Covered period.--The term ``covered period'' means the 
     period beginning on the date of the enactment of this Act and 
     ending on the date on which the public health emergency 
     declared by the Secretary of Health and Human Services under 
     section 319 of the Public Health Service Act (42 U.S.C. 247) 
     as a result of the COVID-19, or any renewal thereof, 
     terminates.
       (3) Covered worksite.--The term ``covered worksite'' means 
     a worksite at which an employee of the agency or a contractor 
     of the agency (or subcontractor thereof at any tier) is 
     required to be present during the covered period.
       (4) Worksite.--The term ``worksite'' means--
       (A) in the case of an employee of the agency, the location 
     of the employee's position of record where the employee 
     regularly performs his or her duties, but does not include 
     any location where the employee teleworks (as that term is 
     defined in section 6501 of title 5, United States Code); and
       (B) in the case of a contractor of the agency (or 
     subcontractor thereof at any tier), the location in a 
     facility of the agency where the contractor or subcontractor 
     performs his or her duties under a contract with the agency, 
     or a subcontract thereof at any tier, as applicable.

     SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from 
Pennsylvania (Mr. Keller) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the measure before us.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 978 would require Federal agencies to establish 
protocols and protections to ensure the health and safety of Federal 
employees upon returning to their regular workstations.
  Each agency would be responsible for posting its policy on its 
website and properly notifying employees of the procedures within 60 
days of enactment or 30 days before a closed worksite reopens.
  Within 6 months, the inspector general of each agency must submit to 
Congress a review on implementation and communication of the 
procedures.
  I am proud to be an original cosponsor of this bill, which is named 
in honor of one of Representative Connolly's constituents, a Federal 
employee, who died tragically of coronavirus in May of last year.
  Federal employees both here in Washington, D.C., and across the 
country have been on the front lines of the government response to the 
coronavirus pandemic from the beginning.
  As more are preparing to return to their regular worksites, this 
legislation will help make sure that policies are clearly conveyed to 
employees so that return happens safely.
  Mr. Speaker, I am pleased to support this bill, and I urge Members to 
vote ``yes.''
  Mr. KELLER. I yield myself such time as I may consume.
  Mr. Speaker, I would like to express sincere condolences to the 
family of Mr. Suthammanont.
  The global COVID-19 pandemic has meant painful losses for many 
families across America.
  I want to thank my colleague, Mr. Connolly, for his work on this 
bill.
  Discussing this legislation is a reminder as to how precious life is. 
Every loss impacts a community and the surviving family members.
  Over the past year-and-a-half, the COVID-19 pandemic has 
extraordinarily challenged our Nation. For example, the pandemic 
presented unprecedented workforce challenges for the Federal 
Government. Every State and territory were under a historically 
unprecedented emergency declaration and sought assistance from Federal 
agencies.
  Both the Trump and Biden administrations have issued numerous 
guidance materials to Federal agencies to ensure the vital work of 
America's Government could continue in a safe manner.
  This bill is well intentioned, and I support government-wide 
transparency to the American people and the Federal workforce. But the 
reality is, I feel that this bill is creating unnecessary and 
duplicative paperwork requirements.
  Both the Trump and Biden administrations publicly released much of 
the information this bill seeks to obtain, and the Biden administration 
continues to require the current planning the bill seeks.
  Further, putting restrictive reporting requirements on agencies may 
hinder the new administration's ability to bring the Federal workforce 
back to work rapidly as it is determined safe to do so. I have concerns 
that it may be duplicating existing efforts of the Federal Government.
  We hope to continue working together with our colleagues across the 
aisle to make sure the Federal Government is effectively delivering 
necessary resources and services to the American people in a safe 
manner.
  Mr. Speaker, I reserve the balance of my time.
  Ms. NORTON. Mr. Speaker, I yield 5 minutes to the gentleman from 
Virginia (Mr. Connolly), my good friend and colleague.
  Mr. CONNOLLY. Mr. Speaker, I thank my good friend and neighbor, the 
Congresswoman from the District of Columbia for her work, and I also 
thank the Republican manager for his kind remarks about a grieving 
family in my district.

  Last year, I brought a similar version of this bill to the floor 
requiring Federal agencies to communicate safety plans to their 
employees before returning to their offices. It is not an extra layer 
of paperwork; it is a plan. You have just got to have a plan so that we 
don't have more people like Chai Suthammanont dying from COVID. It 
seems to me that is something we ought to come together on, on a 
bipartisan basis.
  While our country opens for business, COVID-19 cases and 
hospitalizations that had been declining just a month ago are again on 
the rise, and the dangerous delta variant accounts for 83 percent of 
those cases in the United States.
  Meanwhile, only 56.3 percent of the total U.S. population has had at 
least one dose of the vaccine, and in 16 States, fewer than 50 percent 
of the population has had at least one dose, including, I believe, the 
State of the distinguished Republican manager today.
  We are clearly not out of the woods, and we must look to ensure the 
safety of both of our Federal workforce and our contract Federal 
workforce as they return to the workplace.
  The Chai Suthammanont Remembrance Act would require every Federal

[[Page H3880]]

agency to prepare and communicate a safety plan for how to do that.
  The plan would include descriptions of the personal protective 
equipment that the agency will provide to its onsite employees and 
contractors; guidance of other mitigation efforts; protections for 
employees whose work requires them to travel offsite; testing, contact 
tracing, if necessary, and vaccination protocols; and procedures that 
ensure the continuity of operations in the event it is necessary to 
reverse onsite requirements.
  The bill would also require every agency's inspector general to 
report on whether the agency has published and implemented a safety 
plan consistent with CDC guidelines.
  We should not be looking to rush Federal employees back to offices no 
matter what the cost, because that cost is too high. Already, two of 
our colleagues in this body, who have been vaccinated, have contracted 
the delta variant, apparently, of COVID-19. People are at risk.
  The man for whom this bill is named tragically lost his life in May 
of 2020. He was an immigrant from Thailand, who came here at the age of 
17. He built a life as a man known for helping others.
  Even in retirement, Chai's call to service brought him to work as a 
Federal employee at the Marine Corps Community Services Child 
Development Center in Quantico, Virginia. He worked to prepare meals 
for the children of our Marines. He developed a unique handshake for 
every kid at the daycare, making every child feel special and included.
  On April 27, 2020, Chai worked his last full shift at the daycare 
kitchen as one of his coworkers coughed repeatedly and looked very ill. 
The problem was there were no protocols in place. That person 
subsequently tested positive.

                              {time}  1645

  A month later, after 13 days on a ventilator, my constituent, Chai, 
lost his life unnecessarily, because there was no plan. There were no 
protocols.
  This bill would prevent that. This bill will save lives. I plead with 
my friends on the other side of the aisle, please let's not make this a 
political pawn.
  For the sake of Chai, his surviving widow, his family, his loved 
ones, his colleagues at the Marine base at Quantico, can we not do the 
right thing?
  I could talk a lot about the need for this, Mr. Speaker. I could talk 
more about Chai and his family, but I rest on the hope and belief that 
today on this matter we will hear the better angels of our nature and 
make sure that no more Chais have to die because of a lack of protocol 
and the lack of a plan simply to protect the workforce in the Federal 
workplace.
  Mr. KELLER. Mr. Speaker, I have no further speakers, and I am 
prepared to close.
  Mr. Speaker, I do not intend to request a roll call vote on this 
bill, but I am concerned that it may be duplicating existing efforts of 
the Federal Government. I yield back the balance of my time.
  Ms. NORTON. Mr. Speaker, I urge passage of the bill, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, H.R. 978, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mrs. GREENE of Georgia. Mr. Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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