COVID–19 Federal Employee Reinstatement Act

Subjects: Government Operations and Politics


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1080

 To provide for the reinstatement or compensation of Federal employees 
 forced to resign their careers between September 9, 2021, and January 
24, 2022, because of the Federal COVID-19 vaccination mandate, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2023

  Mr. Gaetz introduced the following bill; which was referred to the 
   Committee on Oversight and Accountability, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for the reinstatement or compensation of Federal employees 
 forced to resign their careers between September 9, 2021, and January 
24, 2022, because of the Federal COVID-19 vaccination mandate, 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 ``COVID-19 Federal Employee 
Reinstatement Act''.

SEC. 2. REINSTATEMENT OR COMPENSATION FOR IMPACTED EMPLOYEES.

    (a) In General.--Each impacted Federal employee, other than an 
impacted Federal employee entitled to a payment under subsection (b), 
is entitled, in accordance with this Act, to select either--
            (1) an appointment to a position in the former employing 
        agency of such impacted Federal employee that is the same or 
        similar to the previous Federal position of such impacted 
        Federal employee and payment in an amount equal to the amount 
        that such impacted Federal employee would have been paid by 
        such former employing agency during the period beginning on 
        September 9, 2021, and ending on the date on which such 
        impacted Federal employee is so appointed if such impacted 
        Federal employee had not become an impacted Federal employee; 
        or
            (2) payment in an amount equal to the amount that such 
        impacted Federal employee would have been paid by the former 
        employing agency during the period beginning on September 9, 
        2021, and ending on the date that is 180 days after the date on 
        which the impacted Federal employee receives the notice 
        required under section 3(a) if such impacted Federal employee 
        had not become an impacted Federal employee.
    (b) Subsequent Federal Employment.--
            (1) In general.--An impacted Federal employee that was 
        appointed to a new Federal position is entitled to the payments 
        described in paragraph (2).
            (2) Payment described.--The payments described in this 
        subparagraph are--
                    (A) a payment in an amount equal to the sum of--
                            (i) the sum of the difference in pay 
                        between the previous Federal position of the 
                        impacted Federal employee and any new Federal 
                        positions of the impacted Federal employee for 
                        each pay period that the impacted Federal 
                        employee held such new Federal position during 
                        the period beginning on the date on which such 
                        impacted Federal employee became an impacted 
                        Federal employee and ending on the date of the 
                        enactment of this Act; and
                            (ii) the amount that the impacted Federal 
                        employee would have been paid by the former 
                        employing agency if the impacted Federal 
                        employee had not become an impacted Federal 
                        employee for each period occurring between 
                        September 9, 2021, and the date of the 
                        enactment of this Act in which the impacted 
                        Federal employee did not hold a new Federal 
                        position; and
                    (B) a payment equal to the sum of the differences 
                in pay between the previous Federal position of the 
                impacted Federal employee and any new Federal positions 
                of the impacted Federal employee during the one-year 
                period beginning on the date of the enactment of this 
                Act.
            (3) New federal position defined.--In this subsection, the 
        term ``new Federal position'' means a position in the Federal 
        Government--
                    (A) to which the impacted Federal employee was 
                appointed after becoming an impacted Federal employee;
                    (B) that is not subject to a vaccination 
                requirement implemented pursuant to Executive Order 
                14043; and
                    (C) for which the pay is or was less than the pay 
                of the previous Federal position of the impacted 
                Federal employee.
    (c) Payment.--
            (1) In general.--The former employing agency of an impacted 
        Federal employee shall begin making any payment to which such 
        impacted Federal employee is entitled under this section not 
        later than 90 days after the pay for each relevant position is 
        determined in accordance with section 7.
            (2) Method.--A payment described in subsection (a) or (b) 
        shall be paid either in one lump sum or in 12 equal, monthly 
        payments.
            (3) Taxation.--For purposes of the Internal Revenue Code of 
        1986, any payment to an individual under subsection (a) or (b) 
        shall be treated as wages paid with respect to the employment 
        of such individual.
            (4) Pay limits.--A payment to an impacted Federal employee 
        under this section shall be disregarding with respect to any 
        limit on the pay of employees that is applicable to the 
        impacted Federal employee.
    (d) Reinstatement Impracticable.--If the head of the relevant 
employing agency determines that an appointment in accordance with 
subsection (a)(1) is impracticable for an impacted Federal employee not 
entitled to a payment under subsection (b), such impacted Federal 
employee shall only be entitled to select payment under subsection 
(a)(2).
    (e) Reinstatement.--An appointment under subsection (a)(1) to a 
position in the competitive service (as defined in section 2102 of 
title 5, United States Code) shall be made without regard to the 
provisions of subchapter I of chapter 33 of title 5, United States 
Code.

SEC. 3. NOTICE AND SELECTION.

    (a) Notice.--Not later than 90 days after the date of the enactment 
of this Act, the head of each Executive agency shall notify each 
individual that was voluntarily or involuntarily separated from such 
Executive employing agency during the period beginning on September 9, 
2021, and ending on January 24, 2022, of the rights of impacted Federal 
employees under this Act.
    (b) Selection.--
            (1) In general.--An impacted Federal employee entitled to 
        make a selection under section 2(a) must notify the former 
        employing agency of such impacted Federal employee of his or 
        her selection not later than 90 days after receiving the notice 
        required by subsection (a).
            (2) Forfeiture.--An impacted Federal employee described in 
        paragraph (1) that does not notify the former employing agency 
        in accordance with such paragraph shall cease to be entitled to 
        make a selection under section 2(a).
            (3) Agency compliance.--If an impacted Federal employee 
        selects an appointment and payment under section 2(a)(1), not 
        later than 90 days after such impacted Federal employee 
        provides the notice in accordance with paragraph (1), the head 
        of the former employing agency shall make the appointment 
        described in section 2(a)(1).

SEC. 4. TREATMENT OF IMPACTED FEDERAL EMPLOYEES.

    (a) In General.--Each impacted Federal employee--
            (1) is deemed to have been involuntarily separated without 
        cause from the previous Federal position of such impacted 
        Federal employee; and
            (2) during the five-year period beginning on the date of 
        the enactment of this Act, shall be entitled to priority 
        consideration for each appointment to a position in the Federal 
        Government for which the impacted Federal employee is qualified 
        if the impacted Federal employee has not been appointed to any 
        other position in the Federal Government after becoming an 
        impacted Federal employee that--
                    (A) was not subject to a vaccination requirement 
                pursuant to Executive Order 14043; or
                    (B) is an equal or higher grade than the previous 
                Federal position of such impacted Federal employee.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to override the application of veterans preferences under 
chapter 33 of title 5, United States Code.

SEC. 5. ANNUITIES.

    (a) Reinstated Employees.--
            (1) Annuity entitlement.--
                    (A) In general.--An impacted Federal employee 
                described in subparagraph (E) is deemed to have 
                additional service equal to the number of twelfth parts 
                of a year that is equal to the number of months that 
                such impacted Federal employee was an impacted Federal 
                employee prior to an appointment under section 2(a)(1), 
                including the month in which such impacted Federal 
                employee became an impacted Federal employee.
                    (B) Withholdings.--The head of the former employing 
                agency of an impacted Federal employee described in 
                subparagraph (E) shall--
                            (i) if such impacted Federal employee was 
                        subject to chapter 83 of title 5, United States 
                        Code, immediately before becoming an impacted 
                        Federal employee--
                                    (I) withhold from amounts paid to 
                                such impacted Federal employee under 
                                section 2(a)(1) an amount equal to the 
                                amount that such former employing 
                                agency would withhold under subsection 
                                (k) or (a)(1)(A) of section 8334 of 
                                title 5, United States Code, as 
                                applicable, if--
                                            (aa) the amounts paid under 
                                        section 2(a)(1) were the total 
                                        basic pay of such impacted 
                                        Federal employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee; 
                                        and
                                    (II) deposit in the Treasury of the 
                                United States to the credit of the Fund 
                                amounts withheld under subclause (I) in 
                                the same manner as amounts withheld 
                                under subsection (k) or (a)(1)(A) of 
                                section 8334 of title 5, United States 
                                Code, as applicable; and
                            (ii) if such impacted Federal employee was 
                        subject to chapter 84 of title 5, United States 
                        Code, immediately before becoming an impacted 
                        Federal employee--
                                    (I) withhold from amounts paid to 
                                such impacted Federal employee under 
                                section 2(a)(1) an amount equal to the 
                                amount that such former employing 
                                agency would withhold under section 
                                8422(a) of title 5, United States Code, 
                                if--
                                            (aa) the amounts paid under 
                                        section 2(a)(1) were the total 
                                        basic pay of such impacted 
                                        Federal employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee; 
                                        and
                                    (II) deposit in the Treasury of the 
                                United States to the credit of the Fund 
                                amounts withheld under subclause (I) in 
                                the same manner as amounts withheld 
                                under section 8422(a) of title 5, 
                                United States Code.
                    (C) Withholdings credited.--Amounts withheld 
                under--
                            (i) subparagraph (B)(i) shall be entered on 
                        individual retirement records under section 
                        8334(f) of title 5, United States Code; and
                            (ii) subparagraph (B)(ii) shall be entered 
                        on individual retirement records under section 
                        8422(d) of such title.
                    (D) Government contributions.--
                            (i) Civil service retirement annuity.--If 
                        the head of the former employing agency 
                        withholds amounts under subparagraph (B)(i), 
                        the head of such former employing agency shall 
                        make contributions in accordance with section 
                        8334(a)(1)(B) of title 5, United States Code, 
                        as if the amounts withheld under subparagraph 
                        (B)(i) are retirement deductions made from the 
                        basic pay of the impacted Federal employee 
                        under subsection (k) or (a)(1)(A) of section 
                        8334 of such title, as applicable.
                            (ii) Federal employees' retirement 
                        system.--If the head of the former employing 
                        agency withholds amounts under subparagraph 
                        (B)(ii), the head of such former employing 
                        agency shall deposit in the Treasury of the 
                        United States to the credit of the Fund an 
                        amount equal to the amount that the former 
                        employing agency would so deposit under section 
                        8423 of title 5, United States Code, if the 
                        amounts paid under section 2(a)(1) to an 
                        impacted Federal employee described 
                        subparagraph (E) were the basic pay of such 
                        impacted Federal employee and such impacted 
                        Federal employee, at the time of such payment, 
                        was--
                                    (I) at the time of such payment, an 
                                employee of the former employer agency 
                                in the previous Federal position of 
                                such impacted Federal employee; and
                                    (II) subject to section 8422(a) of 
                                title 5, United States Code.
                    (E) Impacted federal employee described.--An 
                impacted Federal employee described in this 
                subparagraph is an impacted Federal employee that--
                            (i) selects an appointment and payment 
                        under section 2(a)(1);
                            (ii) as of the date of such selection, has 
                        not received and is not entitled to receive, 
                        and with respect to whose service no other 
                        person has received or is entitled to receive, 
                        a lump-sum payment under either chapter 83 or 
                        84 of title 5, United States Code, other than--
                                    (I) a lump-sum payment under 
                                sections 8343a or 8420a of such title; 
                                or
                                    (II) a lump-sum payment that was 
                                received or to which the entitlement 
                                arose before the date on which such 
                                impacted Federal employee became an 
                                impacted Federal employee; and
                            (iii) is not otherwise prohibited from 
                        receiving an annuity pursuant to section 8312, 
                        8314, or 8315 of such title.
            (2) Previous lump-sum payment.--
                    (A) In general.--At the time an impacted Federal 
                employee described in subparagraph (G) selects an 
                appointment and payment under section 2(a)(1), such 
                impacted Federal employee may elect to pay to the 
                Treasury of the United States to the credit of the Fund 
                an amount equal to--
                            (i) the amount paid to such impacted 
                        Federal employee under section 8342 or 8424 of 
                        title 5, United States Code, after the impacted 
                        Federal employee became an impacted Federal 
                        employee plus interest; or
                            (ii) any portion of the amount described in 
                        clause (i) that is greater than zero.
                    (B) Annuity rights reinstated.--
                            (i) In general.--An impacted Federal 
                        employee that makes the election and payment 
                        under subparagraph (A)--
                                    (I) shall have restored the annuity 
                                rights of such impacted Federal 
                                employee that were voided by the 
                                receipt of, or becoming entitled to, 
                                the payment of lump-sum credit under 
                                section 8342 or 8424 of title 5, United 
                                States Code, after the impacted Federal 
                                employee became an impacted Federal 
                                employee--
                                            (aa) in full in the case of 
                                        a payment in the amount 
                                        described in subparagraph 
                                        (A)(i); or
                                            (bb) in the case of a 
                                        payment described in 
                                        subparagraph (A)(ii), in equal 
                                        proportion to such payment; and
                                    (II) is deemed to have additional 
                                service equal to the number of twelfth 
                                parts of a year that is equal to the 
                                number of months that such impacted 
                                Federal employee was an impacted 
                                Federal employee prior to an 
                                appointment under section 2(a)(1), 
                                including the month in which such 
                                impacted Federal employee became an 
                                impacted Federal employee.
                            (ii) Other lump-sum payment recipients.--
                        Notwithstanding any other provision of law, the 
                        restoration of the rights of an impacted 
                        Federal employee under clause (i) shall not--
                                    (I) reinstate the rights of an 
                                individual under chapter 83 or 84 of 
                                title 5, United States Code, that were 
                                voided or fulfilled by the receipt of 
                                or becoming entitled to a lump-sum 
                                payment under chapter 83 or 84 of title 
                                5, United States Code, other than a 
                                lump-sum payment under section 8343a or 
                                8420a of such title, after the date on 
                                which such impacted Federal employee 
                                became an impacted Federal employee 
                                that was based in full or in part on 
                                the service of such impacted Federal 
                                employee before such date; or
                                    (II) entitle an individual 
                                described in subclause (I) to any other 
                                payment or annuity under chapter 83 or 
                                84 of such title.
                    (C) Entitlement waiver.--For the purposes of 
                subparagraph (A), the waiver of a right to the payment 
                of a lump-sum credit under section 8342 or 8424 of 
                title 5, United States Code, is deemed to be a payment 
                to the Treasury of the United States to the credit of 
                the Fund equal to the amount of such lump-sum credit.
                    (D) Payment timing.--An impacted Federal employee 
                that makes the election under subparagraph (A) must 
                make the payment described in such subparagraph not 
                later than one year after making such election.
                    (E) Withholdings and contributions.--Subparagraphs 
                (B), (C), and (D) of paragraph (1) shall apply with 
                respect to an impacted Federal employee that makes the 
                election under subparagraph (A) as if such impacted 
                Federal employee is an impacted Federal employee 
                described in paragraph (1)(E).
                    (F) Decline election.--
                            (i) In general.--With respect to an 
                        impacted Federal employee described in 
                        subparagraph (H) that declines to make the 
                        election under subparagraph (A), the head of 
                        the former employing agency of such impacted 
                        Federal employee shall withhold from amounts 
                        paid under section 2(a)(1) to such impacted 
                        Federal employee--
                                    (I) if such impacted Federal 
                                employee was subject to chapter 83 of 
                                title 5, United States Code, 
                                immediately before becoming an impacted 
                                Federal employee, an amount equal to 
                                the amount that such former employing 
                                agency would withhold under subsection 
                                (k) or (a)(1)(A) of section 8334 of 
                                such title, as applicable, if--
                                            (aa) the amounts paid under 
                                        section 2(a)(1) were basic pay 
                                        of such impacted Federal 
                                        employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee; 
                                        or
                                    (II) if such impacted Federal 
                                employee was subject to chapter 84 of 
                                title 5, United States Code, 
                                immediately before becoming an impacted 
                                Federal employee, an amount equal to 
                                the amount that such former employing 
                                agency would withhold under section 
                                8422(a) of such title if--
                                            (aa) the amounts paid under 
                                        section 2(a)(1) were basic pay 
                                        of such impacted Federal 
                                        employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee.
                            (ii) Distribution.--An amount withheld 
                        under clause (i)--
                                    (I) in the case of an amount 
                                described in clause (i)(I), is deemed 
                                to be a retirement deduction made from 
                                the basic pay of the impacted Federal 
                                employee under subsection (k) or 
                                (a)(1)(A) of section 8334 of title 5, 
                                United States Code, as applicable, and 
                                shall be paid as a lump-sum credit in 
                                accordance with section 8342 of such 
                                title; and
                                    (II) in the case of an amount 
                                described in clause (i)(II), is deemed 
                                to be a retirement deduction made from 
                                the basic pay of the impacted Federal 
                                employee under section 8422(a) of such 
                                title and shall be paid as a lump-sum 
                                credit in accordance with section 8424 
                                of such title.
                    (G) Impacted federal employee described.--An 
                impacted Federal employee described in this 
                subparagraph is an impacted Federal employee that--
                            (i) selects an appointment and payment 
                        under section 2(a)(1);
                            (ii) as of the date of such selection, has 
                        received or is entitled to receive, or with 
                        respect to whose service another person has 
                        received or is entitled to receive, a lump-sum 
                        payment under either chapter 83 or 84 of title 
                        5, United States Code, other than--
                                    (I) a lump-sum payment under 
                                sections 8343a or 8420a of such title; 
                                or
                                    (II) a lump-sum payment that was 
                                received or to which the entitlement 
                                arose before the date on which such 
                                impacted Federal employee became an 
                                impacted Federal employee; and
                            (iii) is not otherwise prohibited from 
                        receiving an annuity pursuant to section 8312, 
                        8314, or 8315 of such title.
    (b) Non-Reinstated Employees.--
            (1) Annuity entitlement.--
                    (A) In general.--An impacted Federal employee 
                described in subparagraph (E) is deemed to have one 
                additional year of service.
                    (B) Withholdings.--The head of the former employing 
                agency of an impacted Federal employee described in 
                subparagraph (E) shall--
                            (i) if such impacted Federal employee was 
                        subject to chapter 83 of title 5, United States 
                        Code, immediately before becoming an impacted 
                        Federal employee--
                                    (I) withhold from amounts paid to 
                                such impacted Federal employee under 
                                subsection (a)(2) or (b) of section 2, 
                                as applicable, an amount equal to the 
                                amount that such former employing 
                                agency would withhold under subsection 
                                (k) or (a)(1)(A) of section 8334 of 
                                title 5, United States Code, as 
                                applicable, if--
                                            (aa) the amounts paid under 
                                        subsection (a)(2) or (b) of 
                                        section 2, as applicable, were 
                                        the total basic pay of such 
                                        impacted Federal employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee; 
                                        and
                                    (II) deposit in the Treasury of the 
                                United States to the credit of the Fund 
                                amounts withheld under subclause (I) in 
                                the same manner as amounts withheld 
                                under subsection (k) or (a)(1)(A) of 
                                section 8334 of title 5, United States 
                                Code, as applicable; and
                            (ii) if such impacted Federal employee was 
                        subject to chapter 84 of title 5, United States 
                        Code, immediately before becoming an impacted 
                        Federal employee--
                                    (I) withhold from amounts paid to 
                                such impacted Federal employee under 
                                subsection (a)(2) or (b) of section 2, 
                                as applicable, an amount equal to the 
                                amount that such former employing 
                                agency would withhold under section 
                                8422(a) of title 5, United States Code, 
                                if--
                                            (aa) the amounts paid under 
                                        subsection (a)(2) or (b) of 
                                        section 2, as applicable, were 
                                        the total basic pay of such 
                                        impacted Federal employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee; 
                                        and
                                    (II) deposit in the Treasury of the 
                                United States to the credit of the Fund 
                                amounts withheld under subclause (I) in 
                                the same manner as amounts withheld 
                                under section 8422(a) of title 5, 
                                United States Code.
                    (C) Withholdings credited.--Amounts withheld 
                under--
                            (i) subparagraph (B)(i) shall be entered on 
                        individual retirement records under section 
                        8334(f) of title 5, United States Code; and
                            (ii) subparagraph (B)(ii) shall be entered 
                        on individual retirement records under section 
                        8422(d) of such title.
                    (D) Government contributions.--
                            (i) Civil service retirement annuity.--If 
                        the head of the former employing agency 
                        withholds amounts under subparagraph (B)(i), 
                        the head of such former employing agency shall 
                        make contributions in accordance with section 
                        8334(a)(1)(B) of title 5, United States Code, 
                        as if the amounts withheld under subparagraph 
                        (B)(i) are retirement deductions made from the 
                        basic pay of the impacted Federal employee 
                        under subsection (k) or (a)(1)(A) of section 
                        8334 of title 5, United States Code, as 
                        applicable.
                            (ii) Federal employees' retirement 
                        system.--If the head of the former employing 
                        agency withholds amounts under subparagraph 
                        (B)(ii), the head of such former employing 
                        agency shall deposit in the Treasury of the 
                        United States to the credit of the Fund an 
                        amount equal to the amount that the former 
                        employing agency would so deposit under section 
                        8423 of title 5, United States Code, if the 
                        amounts paid under subsection (a)(2) or (b) of 
                        section 2, as applicable, to an impacted 
                        Federal employee described subparagraph (E) 
                        were the basic pay of such impacted Federal 
                        employee and such impacted Federal employee, at 
                        the time of such payment, was--
                                    (I) at the time of such payment, an 
                                employee of the former employer agency 
                                in the previous Federal position of 
                                such impacted Federal employee; and
                                    (II) subject to section 8422(a) of 
                                title 5, United States Code.
                    (E) Impacted federal employee described.--An 
                impacted Federal employee described in this 
                subparagraph is an impacted Federal employee that--
                            (i) selects payment under section 2(a)(2) 
                        or is entitled to payment under section 2(b);
                            (ii) as of the date of the enactment of 
                        this Act, has not received and is not entitled 
                        to receive, and with respect to whose service 
                        no other person has received or is entitled to 
                        receive, a lump-sum payment under either 
                        chapter 83 or 84 of title 5, United States 
                        Code, other than--
                                    (I) a lump-sum payment under 
                                sections 8343a or 8420a of such title; 
                                or
                                    (II) a lump-sum payment that was 
                                received or to which the entitlement 
                                arose before the date on which such 
                                impacted Federal employee became an 
                                impacted Federal employee; and
                            (iii) is not otherwise prohibited from 
                        receiving an annuity pursuant to section 8312, 
                        8314, or 8315 of such title.
            (2) Lump-sum credit recipients.--
                    (A) Lump-sum distribution.--
                            (i) In general.--The head of the former 
                        employing agency of an impacted Federal 
                        employee described in clause (iii) shall 
                        withhold from amounts paid to such impacted 
                        Federal employee under subsection (a)(2) or (b) 
                        of section 2, as applicable--
                                    (I) if the impacted Federal 
                                employee was subject to chapter 83 of 
                                title 5, United States Code, 
                                immediately before becoming an impacted 
                                Federal employee, an amount equal to 
                                the amount that such former employing 
                                agency would withhold under subsection 
                                (k) or (a)(1)(A) of section 8334 of 
                                such title, as applicable, if--
                                            (aa) the amounts paid under 
                                        subsection (a)(2) or (b) of 
                                        section 2, as applicable, were 
                                        the total basic pay of such 
                                        impacted Federal employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee; 
                                        or
                                    (II) if the impacted Federal 
                                employee was subject to chapter 84 of 
                                title 5, United States Code, 
                                immediately before becoming an impacted 
                                Federal employee, an amount equal to 
                                the amount that such former employing 
                                agency would withhold under section 
                                8422(a) of such title if--
                                            (aa) the amounts paid under 
                                        subsection (a)(2) or (b) of 
                                        section 2, as applicable, were 
                                        the total basic pay of such 
                                        impacted Federal employee; and
                                            (bb) such impacted Federal 
                                        employee was employed in the 
                                        previous Federal position of 
                                        such impacted Federal employee.
                            (ii) Distribution.--An amount withheld 
                        under clause (i)--
                                    (I) in the case of an amount 
                                described in clause (i)(I), is deemed 
                                to be a retirement deduction made from 
                                the basic pay of the impacted Federal 
                                employee under subsection (k) or 
                                (a)(1)(A) of section 8334 of title 5, 
                                United States Code, as applicable, and 
                                shall be paid as a lump-sum credit in 
                                accordance with section 8342 of such 
                                title; and
                                    (II) in the case of an amount 
                                described in clause (i)(II), is deemed 
                                to be a retirement deduction made from 
                                the basic pay of the impacted Federal 
                                employee under section 8422(a) of such 
                                title and shall be paid as a lump-sum 
                                credit in accordance with section 8424 
                                of such title.
                            (iii) Impacted federal employee 
                        described.--An impacted Federal employee 
                        described in this clause is an impacted Federal 
                        employee that--
                                    (I) selects payment under section 
                                2(a)(2) or is entitled to payment under 
                                section 2(b);
                                    (II) as of the date of such 
                                selection or becoming so entitled, has 
                                received or is entitled to receive, or 
                                with respect to whose service another 
                                person has received or is entitled to 
                                receive, a lump-sum payment under 
                                either chapter 83 or 84 of title 5, 
                                United States Code, other than--
                                            (aa) a lump-sum payment 
                                        under sections 8343a or 8420a 
                                        of such title; or
                                            (bb) a lump-sum payment 
                                        that was received or to which 
                                        the entitlement arose before 
                                        the date on which such impacted 
                                        Federal employee became an 
                                        impacted Federal employee;
                                    (III) is not entitled to an annuity 
                                under either such chapter; and
                                    (IV) as of the date of the 
                                enactment of this Act, does not hold a 
                                position subjecting such impacted 
                                Federal employee to either such 
                                chapter.
                    (B) Buyback.--
                            (i) In general.--At the time an impacted 
                        Federal employee described in clause (vi) 
                        selects a payment under section 2(a)(2) or, in 
                        the case of a payment under section 2(b), not 
                        later than 90 days after the impacted Federal 
                        employee is notified of the payment under 
                        section 3, such impacted Federal employee may 
                        elect to pay to the Treasury of the United 
                        States to the credit of the Fund an amount 
                        equal to--
                                    (I) the amount paid to such 
                                impacted Federal employee under section 
                                8342 or 8424 of title 5, United States 
                                Code, after the impacted Federal 
                                employee became an impacted Federal 
                                employee plus interest; or
                                    (II) any portion of the amount 
                                described in clause (i) that is greater 
                                than zero.
                            (ii) Annuity rights reinstated.--
                                    (I) In general.--An impacted 
                                Federal employee that makes the 
                                election and payment under clause (i)--
                                            (aa) shall have restored 
                                        the annuity rights of such 
                                        impacted Federal employee that 
                                        were voided by the receipt of, 
                                        or becoming entitled to, the 
                                        payment of a lump-sum credit 
                                        under section 8342 or 8424 of 
                                        title 5, United States Code, 
                                        after such impacted Federal 
                                        employee became an impacted 
                                        Federal employee--

                                                    (AA) in full in the 
                                                case of a payment in 
                                                the amount described in 
                                                clause (i)(I); or

                                                    (BB) in the case of 
                                                a payment described in 
                                                clause (i)(II), in 
                                                equal proportion to 
                                                such payment; and

                                            (bb) is deemed to have one 
                                        additional year of service.
                                    (II) Other lump-sum payment 
                                recipients.--Notwithstanding any other 
                                provision of law, the restoration of 
                                the rights of an impacted Federal 
                                employee under subclause (I) shall 
                                not--
                                            (aa) reinstate the rights 
                                        of an individual under chapter 
                                        83 or 84 of title 5, United 
                                        States Code, that were voided 
                                        or fulfilled by the receipt of 
                                        or becoming entitled to a lump-
                                        sum payment under chapter 83 or 
                                        84 of title 5, United States 
                                        Code, other than a lump-sum 
                                        payment under section 8343a or 
                                        8420a of such title, after the 
                                        date on which such impacted 
                                        Federal employee became an 
                                        impacted Federal employee that 
                                        was based in full or in part on 
                                        the service of such impacted 
                                        Federal employee before such 
                                        date; or
                                            (bb) entitle an individual 
                                        described in item (aa) to any 
                                        other payment or annuity under 
                                        chapter 83 or 84 of such title.
                            (iii) Entitlement waiver.--For the purposes 
                        of clause (i), the waiver of a right to the 
                        payment of a lump-sum credit under section 8342 
                        or 8424 of title 5, United States Code, is 
                        deemed to be a payment to the Treasury of the 
                        United States to the credit of the Fund equal 
                        to the amount of such lump-sum credit.
                            (iv) Withholdings and government 
                        contributions.--Subparagraphs (B), (C), and (D) 
                        of paragraph (1) shall apply with respect to an 
                        impacted Federal employee who makes the 
                        election described in clause (i) as if such 
                        impacted Federal employee is an impacted 
                        Federal employee described in paragraph (1)(E).
                            (v) Payment timing.--An impacted Federal 
                        employee that makes the election under clause 
                        (i) must make the payment described in such 
                        clause not later than one year after making 
                        such election.
                            (vi) Impacted federal employee described.--
                        An impacted Federal employee described in this 
                        clause is an impacted Federal employee that--
                                    (I) selects payment under section 
                                2(a)(2) or is entitled to payment under 
                                section 2(b);
                                    (II) as of the date of such 
                                selection, has received or is entitled 
                                to receive, or with respect to whose 
                                service another person has received or 
                                is entitled to receive, a lump-sum 
                                payment under either chapter 83 or 84 
                                of title 5, United States Code, other 
                                than--
                                            (aa) a lump-sum payment 
                                        under sections 8343a or 8420a 
                                        of such title; or
                                            (bb) a lump-sum payment 
                                        that was received or to which 
                                        the entitlement arose before 
                                        the date on which such impacted 
                                        Federal employee became an 
                                        impacted Federal employee;
                                    (III) is not otherwise prohibited 
                                from receiving an annuity pursuant to 
                                section 8312, 8314, or 8315 of such 
                                title; and
                                    (IV) as of the date of the 
                                enactment of this Act, holds a position 
                                subjecting such impacted Federal 
                                employee to either chapter 83 or 84 of 
                                title 5, United States Code.
    (c) Payment and Withholdings Treatment.--
            (1) Timing and treatment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), for purposes of chapters 83 and 84 of title 5, 
                United States Code, with respect to an impacted Federal 
                employee described in paragraph (2), amounts paid to 
                such impacted Federal employee under section 2(a) shall 
                be deemed to be the basic pay of such impacted Federal 
                employee that was earned by such impacted Federal 
                employee at the time that such impacted Federal 
                employee would have earned such portion if such 
                employee had not been separated from the former 
                employing agency based on a vaccination requirement 
                implemented at such former employing agency pursuant to 
                Executive Order 14043.
                    (B) Concurrent federal employment exclusion.--Any 
                portion of an amount paid to an impacted Federal 
                employee under section 2 that is deemed under 
                subparagraph (A) to have been earned by such impacted 
                Federal employee at a time during which such impacted 
                Federal employee held a position subjecting such 
                impacted Federal employee to either chapter 83 or 84 of 
                title 5, United States Code, and any amounts paid under 
                section 2(b) to an impacted Federal employee while such 
                impacted Federal employee holds such a position shall 
                not be deemed to be basic pay of the impacted Federal 
                employee for the purposes of calculating the average 
                pay of the impacted Federal employee under either such 
                chapter.
                    (C) Average pay defined.--For the purposes of this 
                paragraph, the term ``average pay''--
                            (i) with respect to chapter 83 of title 5, 
                        United States Code, has the meaning given such 
                        term under section 8331 of such title; and
                            (ii) with respect to chapter 84 of such 
                        title, has the meaning given such term under 
                        section 8401 of such title.
            (2) Impacted federal employees described.--An impacted 
        Federal employee described in this paragraph is an impacted 
        Federal employee--
                    (A)(i) that makes the selection described in 
                section 2(a)(1); and
                    (ii) is either--
                            (I) deemed to have additional service under 
                        subsection (a)(1); or
                            (II) makes the election described in 
                        subsection (a)(2)(A);
                    (B)(i) that makes the selection described in 
                section 2(a)(2); and
                    (ii) is either--
                            (I) deemed to have additional service under 
                        subsection (b)(1); or
                            (II) employed in a position subjecting such 
                        impacted Federal employee to either chapter 83 
                        or 84 of title 5, United States Code, and makes 
                        the election described in paragraph 
                        (b)(2)(B)(i);
                    (C) with respect to whose service another 
                individual--
                            (i) is entitled to an annuity under chapter 
                        83 or 84 of title 5, United States Code; or
                            (ii) received or is entitled to receive a 
                        lump-sum payment under either such chapter.
    (d) Definitions.--In this section--
            (1) Fund.--The term ``Fund'' means the Civil Service 
        Retirement and Disability Fund under section 8348 of title 5, 
        United States Code.
            (2) Lump-sum credit; service.--The terms ``lump-sum 
        credit'' and ``service''--
                    (A) with respect to chapter 83 of title 5, United 
                States Code, have the meanings given such terms under 
                section 8331 of such title; and
                    (B) with respect to chapter 84 of such title, have 
                the meanings given such terms under section 8401 of 
                such title.

SEC. 6. DECEASED EMPLOYEES.

    (a) In General.--An impacted Federal employee entitled to make a 
selection under section 2(a) that is deceased prior to making such 
selection is deemed to have made the selection described in section 
2(a)(2).
    (b) Payment.--
            (1) Distribution.--The payment to which a deceased impacted 
        Federal employee is entitled under subsection (b) or subsection 
        (a)(2) of section 2, less any amounts withheld under section 
        5(b) pursuant to subsection (c), shall be made to the person or 
        persons surviving such impacted Federal employee and alive as 
        of the date such impacted Federal employee becomes entitled to 
        such payment in the following order of precedence:
                    (A) First, to the beneficiary or beneficiaries 
                designated by the impacted Federal employee in a signed 
                and witnessed writing executed and filed with the 
                Office of Personnel Management before the death of such 
                impacted Federal employee, except that a designation, 
                change, or cancellation of beneficiary in a will or 
                other document not so executed and filed has no force 
                or effect.
                    (B) Second, if there is no designated beneficiary, 
                to the widow or widower of the impacted Federal 
                employee.
                    (C) Third, if none of the above, to the child or 
                children of the impacted Federal employee and 
                descendants of deceased children by representation.
                    (D) Fourth, if none of the above, to the parents of 
                the impacted Federal employee or the survivor of such 
                parents.
                    (E) Fifth, if none of the above, to the duly 
                appointed executor or administrator of the estate of 
                the impacted Federal employee.
                    (F) Sixth, if none of the above, to such other next 
                of kin of the impacted Federal employee as the Director 
                of the Office of Personnel Management determines to be 
                entitled under the laws of the domicile of the impacted 
                Federal employee at the date of his death.
            (2) Child defined.--In this paragraph, the term ``child'' 
        includes a natural child and an adopted child, but does not 
        include a stepchild.
    (c) Annuities.--
            (1) Lump-sum payments.--If any individual other than a 
        deceased impacted Federal employee received a lump-sum payment 
        under chapter 83 or 84 of title 5, United States Code, other 
        than a lump-sum payment under section 8343a or 8420a of such 
        title, after the date on which such impacted Federal employee 
        became an impacted Federal employee and such lump-sum payment 
        was based in full or in part on the service of such deceased 
        impacted Federal employee before such date, such impacted 
        Federal employee is deemed to be an impacted Federal employee 
        described in section 5(b)(2)(A)(iii) and to have been subject 
        to the chapter of title 5 under which such lump-sum payment was 
        made.
            (2) Annuity payments.--If any individual other than a 
        deceased impacted Federal employee became entitled to an 
        annuity under chapter 83 or 84 of title 5, United States Code, 
        after the date on which such impacted Federal employee became 
        an impacted Federal employee and such entitlement was based in 
        full or in part on the service of such deceased impacted 
        Federal employee before such date, such impacted Federal 
        employee is deemed to be an impacted Federal employee described 
        in section 5(b)(1)(E) and to have been subject to the chapter 
        of title 5 under which such individual is entitled to the 
        annuity.

SEC. 7. PAY DETERMINATION.

    (a) In General.--For the purposes of this Act, the Director of the 
Office of Personnel Management shall determine the pay for a position 
held by an impacted Federal employee based on such evidence of the pay 
of such position as the impacted Federal employee may provide, or if 
the Director determines sufficient evidence has not been so provided to 
adequately determine the pay for such position, the pay shall be 
determined by the Director based on such other information as the 
Director determines appropriate.
    (b) Employee Information.--An impacted Federal employee may provide 
evidence of the pay of a position to the Director of the Office of 
Personnel Management under subsection (a) until the earlier of--
            (1) the date that is six months after the date on which 
        such impacted Federal employee received the notice described in 
        section 3(a); or
            (2) the date on which the Director determines the pay for 
        such positions for the purposes of this Act.
    (c) Information Sharing.--The head of each Executive agency shall 
provide to the Director of the Office of Personnel Management such 
information as the Director may require to carry out this Act.

SEC. 8. REGULATORY AUTHORITY.

    The Director of the Office of Personnel Management shall implement 
such regulations as are necessary to carry out this Act, including such 
regulations as are necessary to ensure that, to the extent practicable 
and notwithstanding any other provision of law, an impacted Federal 
employee that is covered in part or in whole by a retirement system 
established for employees of the Government other than those under 
chapter 83 or 84 of title 5, United States Code, has the same rights 
and benefits under such other retirement system as those provided by 
sections 4, 5, and 6 of this Act to an impacted Federal employee 
covered in whole by a retirement system under chapter 83 or 84 of such 
title with respect to the applicable retirement system under such 
chapter 83 or 84.

SEC. 9. STATEMENT OF IMPACTED FEDERAL EMPLOYEE STATUS.

    (a) In General.--Not later 90 days after the date on which an 
impacted Federal employee receives a notice under section 3(a), the 
impacted Federal employee shall submit to the Director of the Office of 
Personnel Management and to the head of the former employing agency of 
such impacted Federal employee a written statement signed by such 
impacted Federal employee stating that such impacted Federal employee 
was voluntarily or involuntarily separated from service in an Executive 
agency during the period beginning on September 9, 2021, and ending on 
January 24, 2022, based on a vaccination requirement implemented at 
such Executive agency pursuant to Executive Order 14043.
    (b) Exclusion From Benefits.--An impacted Federal employee that 
does not submit the statement required under subsection (a) in 
accordance with such subsection shall not be entitled to any payment, 
appointment, or other benefit under this Act based on the status of 
such impacted Federal employee as an impacted Federal employee, and any 
amounts paid to such impacted Federal employee under section 2 or 4 or 
to any other person under section 6 with respect to such impacted 
Federal employee must be repaid to the Government.
    (c) Deceased Employees.--This section does not apply with respect 
to an impacted Federal employee that is deceased prior to the date that 
is 90 days after the date on which such impacted Federal employee 
receives a notice under section 3(a).

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Civil service retirement and disability fund.--The term 
        ``Civil Service Retirement and Disability Fund'' means the 
        Civil Service Retirement and Disability Fund established under 
        section 8348 of title 5, United States Code.
            (2) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 105 of title 5, United 
        States Code, except that such term does not include the 
        Government Accountability Office.
            (3) Employee.--The term ``employee'' has the meaning given 
        such term in section 2105 of title 5, United States Code, 
        including an employee paid from nonappropriated funds.
            (4) Executive order 14043.--The term ``Executive Order 
        14043'' means Executive Order 14043 (86 Fed. Reg. 50989; 
        relating to requiring COVID-19 vaccinations for Federal 
        Employees).
            (5) Former employing agency.--With respect to an impacted 
        Federal employee, the term ``former employing agency'' means 
        the Executive agency from which the separation of such 
        individual made such individual an impacted Federal employee.
            (6) Impacted federal employee.--The term ``impacted Federal 
        employee'' means an individual who was voluntarily or 
        involuntarily separated from service in an Executive agency 
        during the period beginning on September 9, 2021, and ending on 
        January 24, 2022, based on a vaccination requirement 
        implemented at such Executive agency pursuant to Executive 
        Order 14043.
            (7) Previous federal position.--The term ``previous Federal 
        position'' means the position in the Federal Government held by 
        the impacted Federal employee in the former employing agency 
        immediately before becoming an impacted Federal employee.
                                 &lt;all&gt;
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