II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chai Suthammanont 

5 Healthy Federal Workplaces Act of 2024’’. 


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1 SEC. 2. WORKSITE SAFETY FOR FEDERAL EMPLOYEES AND 

2 CONTRACTORS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) AGENCY.—The term ‘‘agency’’ has the 

5 meaning given that term in section 551 of title 5, 

6 United States Code. 

7 (2) COVERED CONDITION.—The term ‘‘covered 

8 condition’’ means an infectious disease that is the 

9 subject of a nationwide public health emergency. 

10 (3) COVERED PERIOD.—The term ‘‘covered pe11 riod’’ means a period during which a nationwide 

12 public health emergency declared for an infectious 

13 disease is in effect. 

14 (4) COVERED INDIVIDUAL.—The term ‘‘covered 

15 individual’’ means— 

16 (A) an employee of an agency; and 

17 (B) a contractor of an agency, and a sub18 contractor thereof at any tier. 

19 (5) COVERED WORKSITE.—The term ‘‘covered 

20 worksite’’ means a worksite at which a covered indi21 vidual is required to be present during a covered pe22 riod. 

23 (6) EMPLOYEE.—The term ‘‘employee’’ means 

24 any employee occupying a position in the civil service 

25 (as that term is defined in section 2101 of title 5, 

26 United States Code) at an agency. 


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1 (7) NATIONWIDE PUBLIC HEALTH EMER2 GENCY.—The term ‘‘nationwide public health emer3 gency’’ means a nationwide public health emergency 

4 declared by the Secretary of Health and Human 

5 Services under section 319 of the Public Health 

6 Service Act (42 U.S.C. 247d), including any renewal 

7 thereof. 

8 (8) WORKSITE.—The term ‘‘worksite’’ means— 

9 (A) in the case of an employee of an agen10 cy, the location of the employee’s position of 

11 record where the employee regularly performs 

12 his or her duties, but does not include any loca13 tion where the employee teleworks (as that term 

14 is defined in section 6501 of title 5, United 

15 States Code); and 

16 (B) in the case of a contractor of an agen17 cy (or subcontractor thereof at any tier), the lo18 cation in a facility of the agency where the con19 tractor or subcontractor performs his or her du20 ties under a contract with the agency, or a sub21 contract thereof at any tier, as applicable. 

22 (b) ISSUANCE OF POLICIES AND PROCEDURES BY

23 AGENCIES.—Not later than 60 days after the date of the 

24 enactment of this Act, the head of each agency, in con25 sultation with the Chief Human Capital Officer of the 


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1 agency and the Assistant Director of Administration of 

2 the agency (or any individual holding an equivalent posi3 tion), shall— 

4 (1) establish a plan containing procedures and 

5 policies for the safety of covered individuals phys6 ically present at worksites during a covered period 

7 that includes measures to ensure the continuity of 

8 operations of the agency, including how consistent 

9 agency mission and program performance and cus10 tomer service levels will be sustained through the 

11 covered period; 

12 (2) make such plan available to the public by 

13 including a prominent link to such plan on the home 

14 page of the website of the agency; 

15 (3) provide a link to such plan to the Director 

16 of the Office of Management and Budget for inclu17 sion on the web page of the Office of Management 

18 and Budget in accordance with subsection (d); and 

19 (4) communicate such plan to each covered in20 dividual in such a manner as to ensure that each 

21 covered individual acknowledges receipt and under22 standing of the plan. 

23 (c) PLAN.—The plan required under subsection (b) 

24 shall, at a minimum, include the following: 


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1 (1) A description of the efforts the agency plans 

2 to take with respect to mitigating a nationwide pub3 lic health emergency declared for an infectious dis4 ease at worksites, including the following: 

5 (A) A description of any personal protec6 tive equipment that is being or will be provided 

7 by the agency to any covered individual phys8 ically present at a worksite during a covered pe9 riod. 

10 (B) A description of any procedures estab11 lished by the agency for— 

12 (i) testing covered individuals at work13 sites for a covered condition; 

14 (ii) identifying covered individuals po15 tentially exposed to an individual who is di16 agnosed with a covered condition, and noti17 fying such individuals of such potential ex18 posure; and 

19 (iii) addressing differences in data, 

20 such as the number of cases, hospitaliza21 tions, and deaths, in regions and localities 

22 if an agency has covered worksites in more 

23 than one region. 

24 (2) Guidance on— 


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1 (A) any cleaning protocols to be imple2 mented at covered worksites; 

3 (B) occupancy limits for covered worksites; 

4 and 

5 (C) the use of personal protective equip6 ment, such as appropriate face coverings, by 

7 covered individuals while physically present at a 

8 worksite. 

9 (3) A description of the actions the agency is or 

10 will be taking to protect employees of the agency 

11 who conduct activities in an official capacity while 

12 not physically present at a covered worksite, includ13 ing employees— 

14 (A) who are required to travel in an official 

15 capacity; or 

16 (B) perform audits or inspections. 

17 (4) A description of any requirements that 

18 members of the public are required to meet in order 

19 to enter a facility in which covered worksites are lo20 cated. 

21 (5) A description of any alternative option to 

22 being physically present at a covered worksite that 

23 is available for employees of the agency who— 

24 (A) have a high risk of contracting a cov25 ered condition (as determined by the Director 


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1 of the Centers for Disease Control and Preven2 tion); or 

3 (B) live in a household with individuals 

4 who have a high risk of contracting a covered 

5 condition (as determined by the Director of the 

6 Centers for Disease Control and Prevention). 

7 (6) Protocols that ensure the continuity of oper8 ations of the agency, including how consistent agen9 cy mission and program performance and customer 

10 service levels will be sustained through the covered 

11 period, to include if the agency adopts enhanced and 

12 temporary telework and remote work practices as a 

13 result of an increase in the severity of the nation14 wide public health emergency. 

15 (7) The hotline website and hotline telephone 

16 number of the Inspector General of the agency for 

17 covered individuals to report to the Inspector Gen18 eral any instance in which the agency is not imple19 menting the plan required by this section. 

20 (8) The hotline website and hotline telephone 

21 number of the Office of Special Counsel to report a 

22 substantial and specific danger to public health and 

23 safety or whistleblower retaliation. 

24 (d) PUBLICATION OF PLAN.—Not later than 90 days 

25 after the date of the enactment of this Act, the Director 


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1 of the Office of Management and Budget shall make avail2 able to the public on a single web page of the Office— 

3 (1) links to each plan provided to the Director 

4 pursuant to subsection (b)(3); and 

5 (2) a list identifying any agency that has not 

6 provided a link pursuant to such subsection. 

7 (e) COMMUNICATION OF PLAN TO NEW EMPLOYEES, 

8 CONTRACTORS, AND SUBCONTRACTORS.—Beginning on 

9 the date that is 60 days after the date of the enactment 

10 of this Act, the head of an agency shall communicate the 

11 plan required by subsection (b), in the manner described 

12 under such subsection, to— 

13 (1) any new employee of the agency, not later 

14 than 30 days after the date on which such employee 

15 is hired; 

16 (2) any individual or entity that enters into a 

17 contract with the agency after such date, not later 

18 than 30 days after the contract is entered into; and 

19 (3) any individual or entity that enters into a 

20 subcontract at any tier of a contract with the agency 

21 after such date, not later than 30 days after the 

22 subcontract is entered into. 

23 (f) INSPECTORS GENERAL REPORTS.— 

24 (1) REPORT ON IMPLEMENTATION OF THIS

25 SECTION.—Not later than 6 months after the date 


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1 of the enactment of this Act, the Inspector General 

2 of each agency shall submit to the Committee on 

3 Oversight and Accountability of the House of Rep4 resentatives and the Committee on Homeland Secu5 rity and Governmental Affairs of the Senate a report 

6 on the implementation of this section, including 

7 whether each agency involved has published and 

8 communicated the plan required by subsection (b) in 

9 accordance with this section. 

10 (2) REPORT ON IMPLEMENTATION OF PLAN.— 

11 Not later than 60 days after the head of an agency 

12 begins to implement a plan required under sub13 section (b) with respect to a covered condition, the 

14 Inspector General of each agency shall submit to the 

15 Committee on Oversight and Accountability of the 

16 House of Representatives and the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate a report on— 

19 (A) the extent to which each agency has 

20 implemented the plan, including identifying any 

21 concerns for the safety of covered individuals at 

22 covered worksites that the agency has not fully 

23 addressed; and 


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1 (B) the extent to which such plan incor2 porated best practices to contain the spread of 

3 such covered condition. 

4 (g) GOVERNMENT ACCOUNTABILITY OFFICE RE5 PORT.—Not later than one year after the date of the en6 actment of this Act, the Comptroller General of the United 

7 States shall submit to the Committee on Oversight and 

8 Accountability of the House of Representatives and the 

9 Committee on Homeland Security and Governmental Af10 fairs of the Senate a report on lessons learned by agencies 

11 and covered individuals during the COVID–19 pandemic 

12 to further improve the policies and procedures of such 

13 agencies with respect to— 

14 (1) the health and safety of covered individuals 

15 during nationwide public health emergencies de16 clared for infectious diseases; and 

17 (2) communication to covered individuals dur18 ing nationwide public health emergencies declared 

19 for infectious diseases. 

20 (h) APPLICATION.—Nothing in this Act shall be con21 strued to alter or otherwise limit the rights and obligations 

22 afforded under chapter 71 of title 5, United States Code. 

23 SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. 

24 The budgetary effects of this Act, for the purpose of 

25 complying with the Statutory Pay-As-You-Go Act of 2010, 


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1 shall be determined by reference to the latest statement 

2 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the Senate Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

Æ 


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