Congress Increases Health Protocols as CDC Loosens Guidelines for Public

Nearly two years into the pandemic, lawmakers and public officials remain disjointed in their responsive actions to COVID-19. Confusion parallels the rise in COVID-19 cases as conflicting guidance is provided from the Office of Attending Physician (OAP) to Congress and legislative staff, and the Centers for Disease Control and Prevention (CDC) for remaining federal employees and the American public.

Congressional Response to Surge in COVID Cases

Capitol Hill is stepping up its health protocols in the wake of renewed concerns over the coronavirus, with both chambers returning to Washington during a nationwide surge of infections. Following their positive tests, several legislators announced they would isolate and work remotely, including Reps. Alexandria Ocasio-Cortez (D-NY), Sean Casten (D-IL), Ben Cline (R-VA), Jim Cooper (D-TN), Rick Crawford (R-AR), John Katko (R-NY), Young Kim (R-CA), Nancy Mace (R-SC) and Michael McCaul (R-TX).

As Congress comes back into session, many lawmakers are voting by proxy and department events, like the various January 6 Capitol riot anniversary events, are held virtually.

“Seating in the dining areas across the House campus has been limited in accordance with guidance from the Office of Attending Physician to reduce congregation in high-traffic areas,” announced David O’Boyle, spokesman for the Office of the Chief Administrative Officer.

Following their positive tests, several legislators announced they would isolate and work remotely, including Reps. Alexandria Ocasio-Cortez (D-NY), Sean Casten (D-IL), Ben Cline (R-VA), Jim Cooper (D-TN), Rick Crawford (R-AR), John Katko (R-NY), Young Kim (R-CA), Nancy Mace (R-SC) and Michael McCaul (R-TX); and Senators Rob Portman (R-OH) and Chris Coons (D-DE). There is no requirement in place for lawmakers to disclose a positive COVID-19 test, and it's possible more are ill but have not come forward.

“I tested positive for COVID-19 yesterday. I am fully vaccinated and boosted and am thankfully experiencing only mild symptoms. I will be voting by proxy in Washington this week and working from home as I recover. My constituent service team remains available and ready to serve,” stated Rep. Katko on January 10, 2022.

On December 27, 2021, the CDC announced it was shortening of the recommended period of isolation for individuals with symptoms COVID-19 or have diminishing symptoms to five days from 10. Afterwards, the individual will wear a mask whenever they are around others to reduce the risk of infecting anyone, they encounter for another five days.

If Rep. Katko follows the current CDC guidelines and a fever is not among his symptoms, he could return to work this as early as this coming Saturday, January 15, 2022.

Congressional staff are concerned that worse is still to come, especially in light of the case surge in DC and lawmakers who have refused to wear masks or get vaccinated. House Speaker Nancy Pelosi (D-CA) has implemented a mask mandate at the recommendation of the Capitol physician, but the Senate has not.

According to the OAP, congressional offices should adopt a "maximum telework posture" and limit the number of in-person meetings as much as possible to combat the spread of the virus. The OAP guidance has already prompted some offices to shift to teleworking, delaying reentry plans for staff. 

Last week, Senate Democrats held virtual lunch meetings while Senate Republicans met in-person. This week, House Democrats will hold hybrid caucus meetings with the option to attend in person with a K95 mask or via Zoom. Next week, the House Rules Committee is scheduled to meet virtually.

Fluctuation of the CDC and White House Perspective on Guidelines

On February 7, 2020, the CDC issued its inaugural guidance for COVID-19, including an isolation period of 14 days and advised testing if the individual (including health care workers) had a fever or signs or symptoms of lower respiratory tract illness (cough, shortness of breath). On December 2, 2020, the CDC revised their guidance to a recommended isolation period of 10 days. The agency’s most recent update cuts the isolation time in half to five days, and no longer recommends a test for isolated people but offers guidance on how the people should respond to the results of a test.

“These updated recommendations also facilitate individual social and well-being needs, return to work, and maintenance of critical infrastructure,” the CDC said in a statement.

Medical experts at the American Medical Association (AMA) criticized the CDC's decision not to recommend a negative test before ending a five-day isolation. Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases (NIAID) and the Chief Medical Advisor to the President, echoed the medical expert’s concerns in an interview last week saying he favored a testing recommendation, and it is “much more relevant to focus on the hospitalizations.” Dr. Fauci had not seen the updated CDC guidance prior to its release. 

"This has been a hard several years for the people of this agency, and I think for all of people in healthcare and in public health," stated CDC Director Dr. Rochelle Walensky in a press briefing, "I have been working hard to ensure that people have adequate time away, that we are rotating people through the response, that we, are providing data in real time."

According to the U.S. Department of Health & Human Services (HHS), COVID-19 hospitalizations have reached record levels, placing further strain on health care workers. On average, there have been over 737,000 cases per day, nearly a tripling of last winter. The CDC has attributed the surge primarily to the Omicron variant first detected in November 2021. According to the CDC, the new strain spreads more easily than the original strain, but existing vaccines prevent severe infections.

“We got schools open. We got booster shots. We brought down the poverty rate and went from 20 million people on unemployment rolls a year ago to under 2 million on the unemployment rolls today.

America is back to work, and there are more historical accomplishments,” stated President Biden on January 7, a day that saw a 258 percent increase in cases from the same day in 2020, an 89 increase in hospitalizations, and a 45 percent increase in deaths.