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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5279 Introduced in Senate (IS)]

<DOC>

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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