[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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