The publication is reproduced in full below:
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 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 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.
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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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SOURCE: Congressional Record Vol. 167, No. 130
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