Exemptions for Critical Workers Act
Bill: H.R.5978 | Sponsor: Rep. Newhouse, Dan (R-WA)
Policy area: Government Operations and Politics

Summary:
Exemptions for Critical Workers Act
This bill exempts critical infrastructure workers from any federal mandate requiring federal employees or contractors to receive a COVID-19 vaccination. Critical infrastructure workers are identified in guidance from the Cybersecurity and Infrastructure Agency.

To exempt Federal employees and contractors that are critical 
infrastructure workers from Federal COVID-19 vaccination mandates, 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 ``Exemptions for Critical Workers 
Act''.

SEC. 2. EXEMPTION TO COVID-19 VACCINE MANDATES FOR CRITICAL 
              INFRASTRUCTURE FEDERAL EMPLOYEES AND CONTRACTORS.

    (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 that 
        is a critical infrastructure worker is exempt from any Federal 
        mandate requiring such Federal employee to receive a COVID-19 
        vaccination.
            (2) 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 on the 
        basis of such Federal employee not receiving a COVID-19 
        vaccination pursuant to paragraph (1).
            (3) Federal 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 an individual who is--
                    (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 is a critical infrastructure worker;
            (2) a requirement that such exemption be incorporated into 
        each lower-tier subcontract, if any; and
            (3) a requirement that the contractor may not retaliate 
        against any employee on the basis of such employee not 
        receiving a COVID-19 vaccination under such exemption.
    (c) Critical Infrastructure Worker Defined.--In this Act, the term 
``critical infrastructure worker'' means an essential critical 
infrastructure worker identified in the guidance from the Director of 
the Cybersecurity and Infrastructure Agency entitled ``Guidance on the 
Essential Critical Infrastructure Workforce: Ensuring Community and 
National Resilience In COVID-19 Response'', dated August 5, 2021, or 
any successor guidance.
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