[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--

[[Page H8141]]

       (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.

[[Page H8142]]

  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

[[Page H8143]]

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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