HERD Act of 2021

Bill: 117-s-3095
Sponsor: full_name: Sen. Lummis, Cynthia M. [R-WY]
Introduced: 2021-10-28
Policy area: Government Operations and Politics
Subjects: Cardiovascular and respiratory health

Emergency medical services and trauma care

Government employee pay, benefits, personnel management

Immunology and vaccination

Infectious and parasitic diseases

Worker safety and health
Latest action: action_date: 2021-10-28
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2021-10-28
action_desc: Introduced in Senate
text: <p><strong>Having Employees Return to Duty Act of 2021 or the HERD Act of 2021</strong></p> <p>This bill addresses federal employees who comply with Executive Order 14043 (requiring COVID-19 vaccination for federal employees).</p> <p>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.</p> <p>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.</p> <p>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. </p><ul> </ul>

tv_txt: II 117th CONGRESS 1st Session S. 3095 IN THE SENATE OF THE UNITED STATES October 28, 2021 Ms. Lummis (for herself, Mr. Marshall , Mrs. Hyde-Smith , Mr. Rounds , Mr. Scott of Florida , Mrs. Blackburn , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To address Federal employees who comply with Executive Order 14043, and for other purposes.

1. Short title This Act may be cited as the Having Employees Return to Duty Act of 2021 or the HERD Act of 2021 . 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.