IIB
117th CONGRESS
2d Session
H. R. 8466
IN THE SENATE OF THE UNITED STATES
October 11, 2022
Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs
AN ACT
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.
Short title
This Act may be cited as the Chai Suthammanont Healthy Federal Workplaces Act of 2022
.
Worksite safety for Federal employees and contractors
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—
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;
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;
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 in accordance with subsection (c); and
communicate such plan to each covered individual in such a manner as to ensure that each such covered individual acknowledges receipt and understanding of the plan.
Plan
The plan required under subsection (a) shall, at a minimum, include the following:
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 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.
A description of any procedures established by the agency for—
testing covered individuals at worksites for a covered condition;
identifying covered individuals potentially exposed to an individual who is diagnosed with a covered condition, and notifying such individuals of such potential exposure; and
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.
Guidance on—
any cleaning protocols to be implemented at covered worksites;
occupancy limits for covered worksites; and
the use of personal protective equipment, such as appropriate face coverings, by covered individuals while physically present at a worksite.
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—
who are required to travel in an official capacity; or
perform audits or inspections.
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.
A description of any alternative option to being physically present at a covered worksite that is available for employees of the agency who—
have a high risk of contracting a covered condition (as determined by the Director of the Centers for Disease Control and Prevention); or
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).
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.
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.
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.
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—
links to each plan provided to the Director pursuant to subsection (a)(3); and
a list identifying any agency that has not provided a link pursuant to such subsection.
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 (a), in the manner described under such subsection, to—
any new employee of the agency, not later than 30 days after the date on which such employee is hired;
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
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.
Inspectors general reports
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 Reform 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 (a) in accordance with this section.
Report on implementation of plan
Not later than 60 days after the head of an agency begins to implement a plan required under subsection (a) with respect to a covered condition, the Inspector General of each agency shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on—
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
the extent to which such plan incorporated best practices to contain the spread of such covered condition.
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 Reform 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—
the health and safety of covered individuals during nationwide public health emergencies declared for infectious diseases; and
communication to covered individuals during nationwide public health emergencies declared for infectious diseases.
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.
Definitions
In this section:
Agency
The term agency
has the meaning given that term in section 551 of title 5, United States Code.
Covered condition
The term covered condition
means an infectious disease that is the subject of a nationwide public health emergency.
Covered period
The term covered period
means a period during which a nationwide public health emergency declared for an infectious disease is in effect.
Covered individual
The term covered individual
means—
employees of the agency; and
contractors of the agency, and subcontractors thereof at any tier.
Covered worksite
The term covered worksite
means a worksite at which a covered individual is required to be present during a covered period.
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.
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. 247), including any renewal thereof.
Worksite
The term worksite
means—
in the case of an employee of the 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
in the case of a contractor of the 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.
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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Passed the House of Representatives September 29, 2022.
Cheryl L. Johnson,
Clerk.