Title: HERD Act
Policy area: Government Operations and Politics

Summary:
Having Employees Return to Duty Act or the HERD Act
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 to require employees who comply with the order to work from their duty station and to work the hours required as of February 15, 2020.
The bill's requirement does not apply to immunocompromised employees. Additionally, the bill does not prohibit an agency from implementing different policies 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; and (2) implementing those different policies will not degrade the level of service that the agency provides to the public.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5903 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5903

To address Federal employees who comply with Executive Order 14043, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            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

_______________________________________________________________________

                                 A BILL


 
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'' 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).
    (b) Requirement.--
            (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.
            (2) Exemptions.--
                    (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).
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