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H.R. 5903 (117th): HERD Act

The text of the bill below is as of Nov 5, 2021 (Introduced). The bill was not enacted into law.



1st Session

H. R. 5903


November 5, 2021

(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


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


Short title

This Act may be cited as the Having Employees Return to Duty Act or the HERD Act.


Executive Order 14043



In this section—


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;


the term covered employee means an employee who has complied with the requirements of the Executive Order; and


the term Executive Order means Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring Coronavirus Disease 2019 vaccination for Federal employees).




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.




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.


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—


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


implementing those different or supplemental policies will not degrade the level of service that the agency provides to the public.


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).