Options Over Terminations Act
Bill: H.R.5741 | Sponsor: Rep. Newhouse, Dan (R-WA)
Policy area: Government Operations and Politics

Summary:
Options Over Terminations Act
This bill exempts a federal employee or contractor from any federal mandate requiring a vaccine for COVID-19 if the employee or contractor provides proof of COVID-19 antibodies.

To provide an exemption to any Federal COVID-19 vaccine mandate for any 
     Federal employee or contractor who provides proof of COVID-19 
                  antibodies, 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 ``Options Over Terminations Act''.

SEC. 2. EXEMPTION TO COVID-19 VACCINE MANDATES FOR FEDERAL EMPLOYEES OR 
              CONTRACTORS WITH COVID-19 ANTIBODIES.

    (a) Federal Employees.--
            (1) In general.--Notwithstanding any other law, rule, or 
        regulation, including Executive Order 14043 (86 Fed. Reg. 
        50989; relating to requiring coronavirus disease 2019 
        vaccination for Federal employees), any Federal employee who 
        provides proof of COVID-19 antibodies to their employing 
        agency, in such form and manner as the employing agency may 
        require, shall be exempt from any Federal mandate requiring a 
        vaccine for COVID-19.
            (2) Reimbursement.--Subject to the availability of 
        appropriations, the employing agency shall reimburse any 
        Federal employee at that agency for the costs of any COVID-19 
        antibody test for the purposes of carrying out paragraph (1).
            (3) Prohibition on adverse action.--No adverse action 
        (including a suspension, furlough, removal, or reduction in pay 
        or grade) may be taken against any Federal employee who elects 
        to meet the requirements of the exemption described in 
        paragraph (1).
            (4) Employee defined.--In this subsection, the term 
        ``Federal employee'' has the meaning given the term 
        ``employee'' in section 2105 of title 5, United States Code, 
        and includes--
                    (A) an officer or employee of the United States 
                Postal Service or of the Postal Regulatory Commission; 
                and
                    (B) an employee appointed under chapter 73 or 74 of 
                title 38, United States Code, notwithstanding section 
                7425(b) of such title.
    (b) Federal Contractors.--Any contract entered into by the Federal 
Government that requires any employee or individual described under 
that contract, or any subcontract (at any tier), to receive a COVID-19 
vaccination shall include--
            (1) an exemption from such requirement for any such 
        employee or individual who provides proof of the presence of 
        COVID-19 antibodies;
            (2) a requirement that any such employee or individual who 
        so provides proof shall be reimbursed, at the expense of the 
        Federal Government, for the cost of any applicable COVID-19 
        antibody test; and
            (3) a requirement that the contractor may not retaliate 
        against any employee who elects to meet the requirements of the 
        exemption described in paragraph (1).
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