117 HR 5741 IH: Options Over Terminations Act U.S. House of Representatives 2021-10-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5741IN THE HOUSE OF REPRESENTATIVESOctober 26, 2021Mr. Newhouse introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo provide an exemption to any Federal COVID–19 vaccine mandate for any Federal employee or contractor who provides proof of COVID–19 antibodies, and for other purposes.

1.

Short title

This Act may be cited as the Options Over Terminations Act.

2.

Exemption to COVID–19 vaccine mandates for Federal employees or contractors with COVID–19 antibodies

(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 who provides proof of COVID–19 antibodies to their employing agency, in such form and manner as the employing agency may require, shall be exempt from any Federal mandate requiring a vaccine for COVID–19.(2)

Reimbursement

Subject to the availability of appropriations, the employing agency shall reimburse any Federal employee at that agency for the costs of any COVID–19 antibody test for the purposes of carrying out paragraph (1).(3)

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 who elects to meet the requirements of the exemption described in paragraph (1). (4)

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—(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 provides proof of the presence of COVID–19 antibodies;(2)a requirement that any such employee or individual who so provides proof shall be reimbursed, at the expense of the Federal Government, for the cost of any applicable COVID–19 antibody test; and(3)a requirement that the contractor may not retaliate against any employee who elects to meet the requirements of the exemption described in paragraph (1).