II 

117TH CONGRESS 

1ST SESSION S. 2343 

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. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2021 

Mr. WARNER (for himself, Mr. KAINE, Mr. CARDIN, 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 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. 

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 Remembrance Act of 2021’’. 


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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 the term in section 551 of title 5, 

6 United States Code. 

7 (2) COVERED PERIOD.—The term ‘‘covered pe8 riod’’ means the period beginning on the date of en9 actment of this Act and ending on the date on which 

10 the public health emergency declared by the Sec11 retary of Health and Human Services under section 

12 319 of the Public Health Service Act (42 U.S.C. 

13 247) as a result of the COVID–19 pandemic, or any 

14 renewal thereof, terminates. 

15 (3) COVERED WORKSITE.—The term ‘‘covered 

16 worksite’’ means a worksite at which an employee of 

17 an agency or a contractor of an agency (or subcon18 tractor thereof at any tier) is required to be present 

19 during the covered period. 

20 (4) WORKSITE.—The term ‘‘worksite’’— 

21 (A) in the case of an employee of the agen22 cy— 

23 (i) means the location of the position 

24 of record of the employee where the em25 ployee regularly performs the duties of the 

26 employee; and 


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1 (ii) does not include any location 

2 where the employee teleworks (as defined 

3 in section 6501 of title 5, United States 

4 Code); and 

5 (B) in the case of a contractor of the agen6 cy (or subcontractor thereof at any tier), means 

7 the location in a facility of the agency where 

8 the contractor or subcontractor performs the 

9 duties of the contractor or subcontractor under 

10 a contract with the agency, or a subcontract 

11 thereof at any tier, as applicable. 

12 (b) ISSUANCE OF POLICIES AND PROCEDURES BY

13 AGENCIES.—Not later than 60 days after the date of en14 actment of this Act, the head of each agency, in consulta15 tion with the Chief Human Capital Officer of the agency 

16 and the Assistant Director of Administration of the agen17 cy (or any individual holding an equivalent position) 

18 shall— 

19 (1) establish, and publish on the website of the 

20 agency, a safety plan containing procedures and 

21 policies for— 

22 (A) covered worksites; and 

23 (B) being present at a covered worksite; 

24 and 


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1 (2) communicate the plan established under 

2 paragraph (1) to each employee of the agency and 

3 contractor of the agency (and any subcontractor 

4 thereof at any tier) in such a manner as to ensure 

5 that each employee and contractor acknowledges re6 ceipt and understanding of the plan. 

7 (c) PLAN.—The safety plan required under sub8 section (b)(1) shall include the following: 

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

10 with respect to mitigating the spread of COVID–19 

11 at covered worksites, including the following: 

12 (A) A description of any personal protec13 tive equipment that the agency provides or will 

14 provide to any employee of the agency and con15 tractor of the agency (and any subcontractor 

16 thereof at any tier) physically present at a cov17 ered worksite. 

18 (B) A description of any procedures estab19 lished by the agency for— 

20 (i) testing employees of the agency 

21 and contractors of the agency (and any 

22 subcontractor thereof at any tier) required 

23 to be present at a covered worksite; 

24 (ii) contact-tracing at covered work25 sites, including procedures by which emVerDate Sep 11 2014 05:12 Jul 16, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2343.IS S2343

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1 ployees and contractors (and any subcon2 tractor thereof at any tier) required to be 

3 present at a covered worksites will be noti4 fied of a potential exposure to an indi5 vidual who is diagnosed with COVID–19; 

6 and 

7 (iii) administering the COVID–19 

8 vaccine to employees of the agency. 

9 (2) Guidance on— 

10 (A) any cleaning protocols to be imple11 mented at covered worksites; 

12 (B) occupancy limits for covered worksites; 

13 and 

14 (C) the use of appropriate face coverings 

15 by employees of the agency and contractors of 

16 the agency (and any subcontractor thereof at 

17 any tier) while physically present at a covered 

18 worksite. 

19 (3) A description of the actions that the agency 

20 is or will be taking to protect employees of the agen21 cy who conduct activities in an official capacity while 

22 not physically present at a covered worksite from ex23 posure to COVID–19, including employees of the 

24 agency— 


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

2 capacity; or 

3 (B) perform audits or inspections. 

4 (4) A description of any requirements that 

5 members of the public are required to meet in order 

6 to enter a facility in which covered worksites are lo7 cated. 

8 (5) A description of any alternative option to 

9 being physically present at a covered worksite that 

10 are available for employees who— 

11 (A) have a high risk of contracting 

12 COVID–19 (as determined by the Director of 

13 the Centers for Disease Control and Preven14 tion); or 

15 (B) live in a household with individuals 

16 that have a high risk of contracting COVID–19 

17 (as determined by the Director of the Centers 

18 for Disease Control and Prevention). 

19 (6) A description of any rule or protocol regard20 ing whether employees of the agency required to be 

21 physically present at covered worksites are— 

22 (A) required to be fully vaccinated before 

23 being present at covered worksites; or 

24 (B) allowed to take leave— 


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1 (i) to get a dose of the COVID–19 

2 vaccine; or 

3 (ii) upon experiencing severe side-ef4 fects as a result of receiving any dose of 

5 the COVID–19 vaccine. 

6 (7) Protocols that ensure the continuity of oper7 ations, including a plan to reverse any requirement 

8 for an employee or contractor (or subcontractor 

9 thereof at any tier) to be present at a facility in 

10 which covered worksites are located if there is a 

11 surge in COVID–19 cases in the geographic area of 

12 the facility. 

13 (8) The hotline website and hotline telephone 

14 number of the inspector general of the agency for 

15 employees of the agency and contractors of the agen16 cy (and any subcontractor thereof at any tier) to re17 port to the inspector general any instance in which 

18 the agency is not implementing the plan required 

19 under subsection (b)(1). 

20 (d) DELAYED APPLICABILITY FOR CERTAIN WORK21 SITES.—For any worksite that the head of the agency has 

22 temporarily closed due to COVID–19, the requirements of 

23 subsection (b) shall be carried out not later than 30 days 

24 before any employee of the agency or contractor of any 


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1 agency (or any subcontractor thereof at any tier) is re2 quired to be physically present at such worksite. 

3 (e) INSPECTORS GENERAL REPORTS.—Not later 

4 than 6 months after the date of enactment of this Act, 

5 the inspector general of each agency shall submit to the 

6 Committee on Homeland Security and Governmental Af7 fairs of the Senate and the Committee on Oversight and 

8 Reform of the House of Representatives a report on 

9 whether the agency— 

10 (1) has published and communicated the public 

11 safety plan required under subsection (b)(1) in ac12 cordance with that subsection; and 

13 (2) implemented the plan described in para14 graph (1). 

15 (f) APPLICATION.—Nothing in this Act shall be con16 strued to alter or otherwise limit the rights and obligations 

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

Æ 


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