[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5279 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5279
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Warner (for himself, Mr. Kaine, Mr. Van Hollen, and Mr. Brown)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
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.
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 2024''.
SEC. 2. WORKSITE SAFETY FOR FEDERAL EMPLOYEES AND CONTRACTORS.
(a) 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) an employee of an agency; and
(B) a contractor of an agency, and a subcontractor
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. 247d), including any renewal thereof.
(8) Worksite.--The term ``worksite'' means--
(A) in the case of an employee of an 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 an 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.
(b) 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 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 of Management and Budget in accordance with
subsection (d); and
(4) communicate such plan to each covered individual in
such a manner as to ensure that each covered individual
acknowledges receipt and understanding of the plan.
(c) Plan.--The plan required under subsection (b) 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.
(d) 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 (b)(3); and
(2) a list identifying any agency that has not provided a
link pursuant to such subsection.
(e) 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 (b), 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.
(f) 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 Accountability 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 (b) 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 (b) with respect to a covered
condition, the Inspector General of each agency shall submit to
the Committee on Oversight and Accountability 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.
(g) 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 Accountability 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.
(h) 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.
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 Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
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