HERD Act of 2021
Latest action. Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Having Employees Return to Duty Act of 2021 or the HERD Act of 2021
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, 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.
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.
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.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on October 28, 2021. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on October 28, 2021: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Cynthia Lummis (R-WY) introduced it on October 28, 2021, and 7 members have since signed on as cosponsors.
They are 7 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on October 28, 2021, 1778 days ago. The most recent recorded action was 1778 days ago, on October 28, 2021.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers