[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2343 Introduced in Senate (IS)]

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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.

    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 Remembrance Act of 
2021''.

SEC. 2. WORKSITE SAFETY FOR FEDERAL EMPLOYEES AND CONTRACTORS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Covered period.--The term ``covered period'' means the 
        period beginning on the date of enactment of this Act and 
        ending on the date on which the 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. 247) as 
        a result of the COVID-19 pandemic, or any renewal thereof, 
        terminates.
            (3) Covered worksite.--The term ``covered worksite'' means 
        a worksite at which an employee of an agency or a contractor of 
        an agency (or subcontractor thereof at any tier) is required to 
        be present during the covered period.
            (4) Worksite.--The term ``worksite''--
                    (A) in the case of an employee of the agency--
                            (i) means the location of the position of 
                        record of the employee where the employee 
                        regularly performs the duties of the employee; 
                        and
                            (ii) does not include any location where 
                        the employee teleworks (as defined in section 
                        6501 of title 5, United States Code); and
                    (B) in the case of a contractor of the agency (or 
                subcontractor thereof at any tier), means the location 
                in a facility of the agency where the contractor or 
                subcontractor performs the duties of the contractor or 
                subcontractor 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 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, and publish on the website of the agency, a 
        safety plan containing procedures and policies for--
                    (A) covered worksites; and
                    (B) being present at a covered worksite; and
            (2) communicate the plan established under paragraph (1) to 
        each employee of the agency and contractor of the agency (and 
        any subcontractor thereof at any tier) in such a manner as to 
        ensure that each employee and contractor acknowledges receipt 
        and understanding of the plan.
    (c) Plan.--The safety plan required under subsection (b)(1) shall 
include the following:
            (1) A description of the efforts of the agency with respect 
        to mitigating the spread of COVID-19 at covered worksites, 
        including the following:
                    (A) A description of any personal protective 
                equipment that the agency provides or will provide to 
                any employee of the agency and contractor of the agency 
                (and any subcontractor thereof at any tier) physically 
                present at a covered worksite.
                    (B) A description of any procedures established by 
                the agency for--
                            (i) testing employees of the agency and 
                        contractors of the agency (and any 
                        subcontractor thereof at any tier) required to 
                        be present at a covered worksite;
                            (ii) contact-tracing at covered worksites, 
                        including procedures by which employees and 
                        contractors (and any subcontractor thereof at 
                        any tier) required to be present at a covered 
                        worksites will be notified of a potential 
                        exposure to an individual who is diagnosed with 
                        COVID-19; and
                            (iii) administering the COVID-19 vaccine to 
                        employees of the agency.
            (2) Guidance on--
                    (A) any cleaning protocols to be implemented at 
                covered worksites;
                    (B) occupancy limits for covered worksites; and
                    (C) the use of appropriate face coverings by 
                employees of the agency and contractors of the agency 
                (and any subcontractor thereof at any tier) while 
                physically present at a covered worksite.
            (3) A description of the actions that 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 from exposure to COVID-19, including 
        employees of the agency--
                    (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 are available for 
        employees who--
                    (A) have a high risk of contracting COVID-19 (as 
                determined by the Director of the Centers for Disease 
                Control and Prevention); or
                    (B) live in a household with individuals that have 
                a high risk of contracting COVID-19 (as determined by 
                the Director of the Centers for Disease Control and 
                Prevention).
            (6) A description of any rule or protocol regarding whether 
        employees of the agency required to be physically present at 
        covered worksites are--
                    (A) required to be fully vaccinated before being 
                present at covered worksites; or
                    (B) allowed to take leave--
                            (i) to get a dose of the COVID-19 vaccine; 
                        or
                            (ii) upon experiencing severe side-effects 
                        as a result of receiving any dose of the COVID-
                        19 vaccine.
            (7) Protocols that ensure the continuity of operations, 
        including a plan to reverse any requirement for an employee or 
        contractor (or subcontractor thereof at any tier) to be present 
        at a facility in which covered worksites are located if there 
        is a surge in COVID-19 cases in the geographic area of the 
        facility.
            (8) The hotline website and hotline telephone number of the 
        inspector general of the agency for employees of the agency and 
        contractors of the agency (and any subcontractor thereof at any 
        tier) to report to the inspector general any instance in which 
        the agency is not implementing the plan required under 
        subsection (b)(1).
    (d) Delayed Applicability for Certain Worksites.--For any worksite 
that the head of the agency has temporarily closed due to COVID-19, the 
requirements of subsection (b) shall be carried out not later than 30 
days before any employee of the agency or contractor of any agency (or 
any subcontractor thereof at any tier) is required to be physically 
present at such worksite.
    (e) Inspectors General Reports.--Not later than 6 months after the 
date of enactment of this Act, the inspector general of each agency 
shall submit to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Oversight and Reform of the 
House of Representatives a report on whether the agency--
            (1) has published and communicated the public safety plan 
        required under subsection (b)(1) in accordance with that 
        subsection; and
            (2) implemented the plan described in paragraph (1).
    (f) 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.
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