[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8140-H8143]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CHAI SUTHAMMANONT HEALTHY FEDERAL WORKPLACES ACT OF 2022
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I move to suspend
the rules and pass the bill (H.R. 8466), to require the head of each
agency to establish a plan relating to the safety of Federal employees
and contractors physically present at certain worksites during a
nationwide public health emergency declared for an infectious disease,
and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 8466
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 Healthy
Federal Workplaces Act of 2022''.
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--
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(1) establish a plan containing procedures and policies for
the safety of covered individuals physically present at
worksites during a covered period that includes measures to
ensure the continuity of operations of the agency, including
how consistent agency mission and program performance and
customer service levels will be sustained through the covered
period;
(2) make such plan available to the public by including a
prominent link to such plan on the home page of the website
of the agency;
(3) provide a link to such plan to the Director of the
Office of Management and Budget for inclusion on the web page
of the Office in accordance with subsection (c); and
(4) communicate such plan to each covered individual in
such a manner as to ensure that each such covered individual
acknowledges receipt and understanding of the plan.
(b) Plan.--The plan required under subsection (a) shall, at
a minimum, include the following:
(1) A description of the efforts the agency plans to take
with respect to mitigating a nationwide public health
emergency declared for an infectious disease at worksites,
including the following:
(A) A description of any personal protective equipment that
is being or will be provided by the agency to any covered
individual physically present at a worksite during a covered
period.
(B) A description of any procedures established by the
agency for--
(i) testing covered individuals at worksites for a covered
condition;
(ii) identifying covered individuals potentially exposed to
an individual who is diagnosed with a covered condition, and
notifying such individuals of such potential exposure; and
(iii) addressing differences in data, such as the number of
cases, hospitalizations, and deaths, in regions and
localities if an agency has covered worksites in more than
one region.
(2) Guidance on--
(A) any cleaning protocols to be implemented at covered
worksites;
(B) occupancy limits for covered worksites; and
(C) the use of personal protective equipment, such as
appropriate face coverings, by covered individuals while
physically present at a worksite.
(3) A description of the actions the agency is or will be
taking to protect employees of the agency who conduct
activities in an official capacity while not physically
present at a covered worksite, including employees--
(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 is available
for employees of the agency who--
(A) have a high risk of contracting a covered condition (as
determined by the Director of the Centers for Disease Control
and Prevention); or
(B) live in a household with individuals who have a high
risk of contracting a covered condition (as determined by the
Director of the Centers for Disease Control and Prevention).
(6) Protocols that ensure the continuity of operations of
the agency, including how consistent agency mission and
program performance and customer service levels will be
sustained through the covered period, to include if the
agency adopts enhanced and temporary telework and remote work
practices as a result of an increase in the severity of the
nationwide public health emergency.
(7) The hotline website and hotline telephone number of the
Inspector General of the agency for covered individuals to
report to the Inspector General any instance in which the
agency is not implementing the plan required by this section.
(8) The hotline website and hotline telephone number of the
Office of Special Counsel to report a substantial and
specific danger to public health and safety or whistleblower
retaliation.
(c) Publication of Plan.--Not later than 90 days after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall make available to the public
on a single web page of the Office--
(1) links to each plan provided to the Director pursuant to
subsection (a)(3); and
(2) a list identifying any agency that has not provided a
link pursuant to such subsection.
(d) Communication of Plan to New Employees, Contractors,
and Subcontractors.--Beginning on the date that is 60 days
after the date of the enactment of this Act, the head of an
agency shall communicate the plan required by subsection (a),
in the manner described under such subsection, to--
(1) any new employee of the agency, not later than 30 days
after the date on which such employee is hired;
(2) any individual or entity that enters into a contract
with the agency after such date, not later than 30 days after
the contract is entered into; and
(3) any individual or entity that enters into a subcontract
at any tier of a contract with the agency after such date,
not later than 30 days after the subcontract is entered into.
(e) Inspectors General Reports.--
(1) Report on implementation of this section.--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 the
implementation of this section, including whether each agency
involved has published and communicated the plan required by
subsection (a) in accordance with this section.
(2) Report on implementation of plan.--Not later than 60
days after the head of an agency begins to implement a plan
required under subsection (a) with respect to a covered
condition, 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--
(A) the extent to which each agency has implemented the
plan, including identifying any concerns for the safety of
covered individuals at covered worksites that the agency has
not fully addressed; and
(B) the extent to which such plan incorporated best
practices to contain the spread of such covered condition.
(f) Government Accountability Office Report.--Not later
than one year after the date of the enactment of this Act,
the Comptroller General of the United States 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 lessons
learned by agencies and covered individuals during the COVID-
19 pandemic to further improve the policies and procedures of
such agencies with respect to--
(1) the health and safety of covered individuals during
nationwide public health emergencies declared for infectious
diseases; and
(2) communication to covered individuals during nationwide
public health emergencies declared for infectious diseases.
(g) 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.
(h) 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 condition.--The term ``covered condition''
means an infectious disease that is the subject of a
nationwide public health emergency.
(3) Covered period.--The term ``covered period'' means a
period during which a nationwide public health emergency
declared for an infectious disease is in effect.
(4) Covered individual.--The term ``covered individual''
means--
(A) employees of the agency; and
(B) contractors of the agency, and subcontractors thereof
at any tier.
(5) Covered worksite.--The term ``covered worksite'' means
a worksite at which a covered individual is required to be
present during a covered period.
(6) Employee.--The term ``employee'' means any employee
occupying a position in the civil service (as that term is
defined in section 2101 of title 5, United States Code) at an
agency.
(7) Nationwide public health emergency.--The term
``nationwide public health emergency'' means a nationwide
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), including any renewal thereof.
(8) 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
New York (Mrs. Carolyn B. Maloney) and the gentleman from Kentucky (Mr.
Comer) each will control 20 minutes.
The Chair recognizes the gentlewoman from New York.
General Leave
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I ask unanimous
consent that all Members may have 5 legislative days in which to revise
and extend their remarks and insert extraneous material on H.R. 8466.
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The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield myself such
time as I may consume.
Mr. Speaker, I rise in support of H.R. 8466, the Chai Suthammanont
Healthy Federal Workplaces Act of 2022, introduced by Government
Operations Subcommittee Chair Connolly.
The bill would require that all Federal agencies create detailed
plans in preparation for a nationwide public health emergency
declaration in response to an infectious disease to protect the health
and safety of employees, contractors, and subcontractors.
The plan must include protocols to ensure workers have access to
protective equipment, clean facilities, limited workspace occupancy,
and on-site testing; that they are notified about exposures; and that
accommodations are available to high-risk individuals.
Federal workers showed great resilience as the Federal Government
adapted to respond to the COVID-19 pandemic. Living through the
pandemic for more than 2 years should make it clear that we need to
take precautions to prepare for the future, as COVID-19 is not the last
public health emergency we are likely to face as a country, and
government agencies need to be ready for that.
The plans required under this legislation would protect workers and
prevent the spread of disease. The agency must also prioritize in its
plan the continuity of operations and government services through a
public health emergency. The bill requires that safety protocols are
clearly communicated to all employees and publicly posted.
Holding agencies accountable for making these plans transparent to
Federal employees and the public will help make everyone feel safer and
better informed.
The bill also includes strong oversight measures. Inspectors general
at Federal agencies would assess implementation of these plans and
report to Congress.
{time} 1500
The Government Accountability Office would conduct a study of the
lessons from the COVID-19 pandemic that can be applied to improve
agency plans and improve communication with employees throughout an
emergency.
I commend Chairman Connolly for his forward-looking bill that would
better prepare government agencies for future public health crises. I
urge my colleagues to join me in support of H.R. 8466.
Mr. Speaker, I reserve the balance of my time.
Mr. COMER. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to express sincere condolences to the family of
Mr. Suthammanont. I appreciate the underlying intent of this
legislation: To ensure the safety of Federal workers.
I also appreciate how this version of the bill has been improved from
the prior versions the House has considered.
Thankfully, there are no longer vaccine requirements for Federal
workers in the bill, and the bill is now future-looking, no longer tied
specifically to the COVID-19 pandemic.
Nevertheless, it makes sense to be prepared for any future public
health emergencies. While the safety of the Federal workers is
important, so is mission accomplishment and customer service.
In considering this new version, Committee on Oversight and Reform
Republicans ensured the plans this bill requires would be made through
the lens of continuity of operations. That is, continuing to provide
Americans the services they need, regardless of the situation.
I am pleased to see my colleagues, Representative Jody Hice's
amendment receive full support in the Committee on Oversight and Reform
last week and be incorporated into the bill we are considering today.
H.R. 8466 now ensures that the next time America faces a public
health emergency, Federal agencies will be required to balance their
workforce safety measures with plans to accomplish their missions while
minimizing impacts to customer service. Agencies will be required to
make these plans public for Inspector General review and congressional
scrutiny.
Americans who rely on Federal agency services, such as our veterans,
should never again be forgotten when their government sends its
workforce home.
Mr. Speaker, I thank Mr. Connolly for working with Mr. Hice to
improve the bill, and I encourage my colleagues to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I yield 5 minutes
to the gentleman from Virginia (Mr. Connolly), the distinguished
chairman of the Subcommittee on Government Operations and sponsor of
H.R. 8466.
Mr. CONNOLLY. Mr. Speaker, I thank the distinguished chairwoman of
our committee for yielding, and I thank Mr. Comer, the ranking member,
and Mr. Hice, the ranking member of Government Operations Subcommittee,
for their support and collaboration on an improved H.R. 8466, the
Suthammanont Healthy Workforce Act of 2022.
On May 26, 2022, Chai Suthammanont, my constituent, a kitchen staff
worker at a childcare facility at the Marine Corps Base in Quantico,
Virginia, died from coronavirus-related complications. Chai was a
loving father and husband and a proud naturalized American. Chai was
known for his kindness and his patience. He had a unique handshake he
shared with many of the kids at the childcare facility where he worked.
His death was a tragedy felt by so many.
Confusion and uncertainty emerged as two of the largest contributing
factors to Chai's death. The Federal Government did not yet have any
protocols in place--or guidance, for that matter--intended to protect
him and others.
We are emerging from the pandemic, but new strains of infectious
diseases and other potential health emergencies demand that the Federal
Government prepare to adapt and continue operations and the mission
across many challenges. Our government must embrace lessons learned
from the pandemic; some of them learned through tragic losses such as
Chai's.
Federal agencies must place the health and safety of Federal
employees at the forefront of their plans and operations while
continuing to provide vital services to the public, ensuring continuity
of operations.
Since the beginning of the pandemic, our subcommittee has held three
hearings focused on the future of Federal work, which include
prioritizing the health and safety of our workforce.
Some simple truths emerged during these deliberations.
One, our Federal workforce is comprised of dedicated civil servants
who didn't stop delivering mail, serving veterans, approving and
distributing vaccines, and ensuring businesses received essential
financial assistance.
Two, the Federal workforce needs agencies to invest in proper
information technology, training, and protective equipment before
another public health crisis occurs.
Three, agencies need clearly communicated, publicly available
policies and guidance that let their employees and the public know how
to ensure a safe and healthy continuity of operations.
Last year, this committee marked up a previous version of the bill
that covered the COVID-19 pandemic. This new bill prepares the Federal
workforce, as the distinguished ranking member indicated, for the
potential nationwide public health emergencies of tomorrow.
The bill requires each Federal agency to establish a plan to describe
public health protocols, including, but not limited to, testing,
identification, notification of individuals who may have been exposed
to the pathogen; cleaning; occupancy limits; use of personal protective
equipment; protections for employees whose work requires them to travel
offsite; and ensuring the continuity of operations for the agency.
The bill would also require each agency's Office of Inspector General
to report on the extent each agency has, in fact, implemented the plan
and the Government Accountability Office to report on the lessons
learned from the pandemic.
This bill is endorsed by the American Federation of Government
Employees, International Federation of Professional and Technical
Engineers, the
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National Active and Retired Federal Employees Association, the National
Federation of Federal Employees, the National Treasury Employees Union,
the Professional Managers Association, the Senior Executives
Association, among many other organizations.
Federal employees are a great asset for our Nation. We must work to
ensure their well-being and protection in difficult times such as
these.
Mr. Speaker, I again thank the chairwoman, who is the original
cosponsor of this legislation, as well as my colleagues, especially Mr.
Comer and Mr. Hice, for making this a strong bipartisan effort.
Mr. Speaker, I particularly salute Chai's widow, Christina, for her
continued efforts in honoring her late husband's memory.
Mr. COMER. Mr. Speaker, I reserve the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I am prepared to
close, and I reserve the balance of my time.
Mr. COMER. Mr. Speaker, it is important that Federal agencies plan
and prepare for future infectious disease outbreaks and do so in a
transparent manner.
This bill is much improved and now also focuses on maintaining
Federal agency services to the American people through a potential
future public health emergency. Federal agencies exist to serve the
American people. This is true during national public health
emergencies, also.
Mr. Speaker, I encourage my colleagues to support this bill, and I
yield back the balance of my time.
Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I urge passage of
H.R. 8466, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from New York (Carolyn B. Maloney) that the House suspend
the rules and pass the bill, H.R. 8466, 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.
Mr. HICE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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