117th CONGRESS 1st Session |
To address Federal employees who comply with Executive Order 14043, and for other purposes.
November 5, 2021
Mr. Jacobs of New York (for himself, Mr. Norman, Mr. Babin, Mr. Crawford, Mr. Tiffany, Mr. Burchett, Mr. Johnson of South Dakota, Mr. Calvert, Mrs. Miller-Meeks, and Mr. Issa) introduced the following bill; which was referred to the Committee on Oversight and Reform
To address Federal employees who comply with Executive Order 14043, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Having Employees Return to Duty Act” or the “HERD Act”.
SEC. 2. Executive Order 14043.
(a) Definitions.—In this section—
(1) the terms “agency” and “employee” have the meanings given the terms in section 3 of the Executive Order, except that the term “agency” does not include the Department of Defense;
(2) the term “covered employee” means an employee who has complied with the requirements of the Executive Order; and
(3) the term “Executive Order” means Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring Coronavirus Disease 2019 vaccination for Federal employees).
(1) IN GENERAL.—Subject to paragraph (2), beginning on the date that is 60 days after the date of enactment of this Act, the head of each agency shall, with respect to each covered employee employed by the agency, require the covered employee to work from the duty station of the covered employee, and to work the hours worked by the covered employee, as of February 15, 2020.
(A) NEWLY HIRED EMPLOYEES.—If a covered employee was not employed by the applicable agency as of February 15, 2020, the requirements under paragraph (1) shall apply to the covered employee with respect to the duty station and hours of the individual who occupied the position of the covered employee, as of that date.
(B) SIGNIFICANT COMMUNITY SPREAD.—The head of an agency may implement different policies than, or supplemental policies to, the requirements under paragraph (1), including by requiring social distancing at a particular worksite, if the agency head finds that—
(i) there is substantial transmission of COVID–19 within a community in which the requirements of that paragraph would otherwise be carried out, as determined by the Centers for Disease Control and Prevention; and
(ii) implementing those different or supplemental policies will not degrade the level of service that the agency provides to the public.
(C) IMMUNOCOMPROMISED EMPLOYEE.—No covered employee that is immunocompromised shall be required to be physically present at a duty station under the requirements under paragraph (1).