HERD Act of 2021
Bill: S.3095 | Sponsor: Sen. Lummis, Cynthia M. (R-WY)
Policy area: Government Operations and Politics

Summary:
Having Employees Return to Duty Act of 2021 or the HERD Act of 2021
This bill addresses federal employees who comply with Executive Order 14043 (requiring COVID-19 vaccination for federal employees).
Specifically, the bill requires each federal agency, with respect to each agency employee who has complied with such order, to require the employee to work from that employee's duty station and to work the hours required as of February 15, 2020.
If such an employee was not employed by the applicable agency as of that date, that requirement shall apply to the employee with respect to duty station and hours of the individual who occupied that position as of that date.
An agency may implement different policies than, or supplemental policies to, those requirements, including by requiring social distancing at a particular work site, if the agency finds that (1) there is substantial transmission of COVID-19 within a community in which such requirements would otherwise be carried out, as determined by the Centers for Disease Control and Prevention; and (2) implementing those different or supplemental policies will not degrade the level of service that the agency provides to the public.

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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Having Employees Return to Duty Act 
of 2021'' or the ``HERD Act of 2021''.

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).
    (b) Requirement.--
            (1) In general.--Subject to paragraphs (2) and (3), 
        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.
            (2) 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.
            (3) 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 work site, if the 
        agency head finds that--
                    (A) 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
                    (B) implementing those different or supplemental 
                policies will not degrade the level of service that the 
                agency provides to the public.
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