What This Bill Does
This bill provides federal employees who left their jobs between September 9, 2021, and January 24, 2022, due to COVID-19 vaccination requirements with options to return to work or receive payment. Affected employees can either be rehired in the same or similar position at their former agency with back pay, or they can receive a lump sum payment (a one-time payment of money) for lost wages. (Sec. 2)
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Who It Affects
- Federal employees separated from their jobs between September 9, 2021 and January 24, 2022 because of vaccination mandates
- Federal agencies that employed these workers
- Families of deceased affected employees
- The Office of Personnel Management (the federal agency that manages federal employees)
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Key Provisions
- Affected employees may choose either reinstatement in their original position with back pay, or a cash payment equal to 180 days of wages they would have earned (Sec. 2(a))
- Employees who found new federal jobs while separated are entitled to payments covering the difference between their old and new pay rates, plus any wages they lost between their separation and reinstatement (Sec. 2(b))
- Federal agencies must notify eligible employees of their rights within 90 days of this law taking effect, and employees have 90 days to choose reinstatement or payment (Sec. 3(a) and (b))
- Affected employees receive special job search priority for five years and are treated as if they were involuntarily separated without cause (Sec. 4)
- Retirement benefits (called annuities) are credited as if the employee worked continuously during their separation period (Sec. 5(a) and (b))
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What Changes
If this becomes law, federal agencies must:
- Contact all employees separated for vaccine refusal between the specified dates and explain their options
- Rehire eligible employees in the same or similar positions if they request reinstatement
- Pay employees for all lost wages from September 9, 2021, forward (either as reinstatement back pay or as lump sum payments)
- Count the separation time toward retirement benefits as if the employee had worked those months
- Withhold appropriate retirement contributions from payments
- Give rehired employees priority consideration for other federal jobs for five years
Employees must submit a signed written statement confirming they were separated due to the vaccine mandate to receive benefits.
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Important Definitions
- **Impacted Federal Employee**: An individual who voluntarily or involuntarily left a federal agency job between September 9, 2021 and January 24, 2022 because that agency required COVID-19 vaccination (Sec. 10(6))
- **Executive Order 14043**: The federal order requiring COVID-19 vaccinations for federal employees (Sec. 10(4))
- **Previous Federal Position**: The specific job title and position the impacted employee held at their former agency immediately before separating (Sec. 10(7))
- **Former Employing Agency**: The federal agency from which the employee separated (Sec. 10(5))
- **New Federal Position**: A federal job taken after separation that is not subject to vaccine requirements and pays less than the previous job (Sec. 2(b)(3))
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1080
To provide for the reinstatement or compensation of Federal employees forced
to resign their careers between September 9, 2021, and January 24,
2022, because of the Federal COVID–19 vaccination mandate, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. GAETZ introduced the following bill; which was referred to the Committee
on Oversight and Accountability, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To provide for the reinstatement or compensation of Federal
employees forced to resign their careers between Sep-
tember 9, 2021, and January 24, 2022, because of the
Federal COVID–19 vaccination mandate, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘COVID–19 Federal
4
Employee Reinstatement Act’’.
5
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SEC. 2. REINSTATEMENT OR COMPENSATION FOR IM-
1
PACTED EMPLOYEES.
2
(a) IN GENERAL.—Each impacted Federal employee,
3
other than an impacted Federal employee entitled to a
4
payment under subsection (b), is entitled, in accordance
5
with this Act, to select either—
6
(1) an appointment to a position in the former
7
employing agency of such impacted Federal em-
8
ployee that is the same or similar to the previous
9
Federal position of such impacted Federal employee
10
and payment in an amount equal to the amount that
11
such impacted Federal employee would have been
12
paid by such former employing agency during the
13
period beginning on September 9, 2021, and ending
14
on the date on which such impacted Federal em-
15
ployee is so appointed if such impacted Federal em-
16
ployee had not become an impacted Federal em-
17
ployee; or
18
(2) payment in an amount equal to the amount
19
that such impacted Federal employee would have
20
been paid by the former employing agency during
21
the period beginning on September 9, 2021, and
22
ending on the date that is 180 days after the date
23
on which the impacted Federal employee receives the
24
notice required under section 3(a) if such impacted
25
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Federal employee had not become an impacted Fed-
1
eral employee.
2
(b) SUBSEQUENT FEDERAL EMPLOYMENT.—
3
(1) IN
GENERAL.—An impacted Federal em-
4
ployee that was appointed to a new Federal position
5
is entitled to the payments described in paragraph
6
(2).
7
(2) PAYMENT DESCRIBED.—The payments de-
8
scribed in this subparagraph are—
9
(A) a payment in an amount equal to the
10
sum of—
11
(i) the sum of the difference in pay
12
between the previous Federal position of
13
the impacted Federal employee and any
14
new Federal positions of the impacted Fed-
15
eral employee for each pay period that the
16
impacted Federal employee held such new
17
Federal position during the period begin-
18
ning on the date on which such impacted
19
Federal employee became an impacted
20
Federal employee and ending on the date
21
of the enactment of this Act; and
22
(ii) the amount that the impacted
23
Federal employee would have been paid by
24
the former employing agency if the im-
25
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pacted Federal employee had not become
1
an impacted Federal employee for each pe-
2
riod occurring between September 9, 2021,
3
and the date of the enactment of this Act
4
in which the impacted Federal employee
5
did not hold a new Federal position; and
6
(B) a payment equal to the sum of the dif-
7
ferences in pay between the previous Federal
8
position of the impacted Federal employee and
9
any new Federal positions of the impacted Fed-
10
eral employee during the one-year period begin-
11
ning on the date of the enactment of this Act.
12
(3) NEW
FEDERAL
POSITION
DEFINED.—In
13
this subsection, the term ‘‘new Federal position’’
14
means a position in the Federal Government—
15
(A) to which the impacted Federal em-
16
ployee was appointed after becoming an im-
17
pacted Federal employee;
18
(B) that is not subject to a vaccination re-
19
quirement implemented pursuant to Executive
20
Order 14043; and
21
(C) for which the pay is or was less than
22
the pay of the previous Federal position of the
23
impacted Federal employee.
24
(c) PAYMENT.—
25
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(1) IN GENERAL.—The former employing agen-
1
cy of an impacted Federal employee shall begin mak-
2
ing any payment to which such impacted Federal
3
employee is entitled under this section not later than
4
90 days after the pay for each relevant position is
5
determined in accordance with section 7.
6
(2) METHOD.—A payment described in sub-
7
section (a) or (b) shall be paid either in one lump
8
sum or in 12 equal, monthly payments.
9
(3) TAXATION.—For purposes of the Internal
10
Revenue Code of 1986, any payment to an individual
11
under subsection (a) or (b) shall be treated as wages
12
paid with respect to the employment of such indi-
13
vidual.
14
(4) PAY LIMITS.—A payment to an impacted
15
Federal employee under this section shall be dis-
16
regarding with respect to any limit on the pay of
17
employees that is applicable to the impacted Federal
18
employee.
19
(d) REINSTATEMENT IMPRACTICABLE.—If the head
20
of the relevant employing agency determines that an ap-
21
pointment in accordance with subsection (a)(1) is imprac-
22
ticable for an impacted Federal employee not entitled to
23
a payment under subsection (b), such impacted Federal
24
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employee shall only be entitled to select payment under
1
subsection (a)(2).
2
(e) REINSTATEMENT.—An appointment under sub-
3
section (a)(1) to a position in the competitive service (as
4
defined in section 2102 of title 5, United States Code)
5
shall be made without regard to the provisions of sub-
6
chapter I of chapter 33 of title 5, United States Code.
7
SEC. 3. NOTICE AND SELECTION.
8
(a) NOTICE.—Not later than 90 days after the date
9
of the enactment of this Act, the head of each Executive
10
agency shall notify each individual that was voluntarily or
11
involuntarily separated from such Executive employing
12
agency during the period beginning on September 9, 2021,
13
and ending on January 24, 2022, of the rights of impacted
14
Federal employees under this Act.
15
(b) SELECTION.—
16
(1) IN
GENERAL.—An impacted Federal em-
17
ployee entitled to make a selection under section
18
2(a) must notify the former employing agency of
19
such impacted Federal employee of his or her selec-
20
tion not later than 90 days after receiving the notice
21
required by subsection (a).
22
(2) FORFEITURE.—An impacted Federal em-
23
ployee described in paragraph (1) that does not no-
24
tify the former employing agency in accordance with
25
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•HR 1080 IH
such paragraph shall cease to be entitled to make a
1
selection under section 2(a).
2
(3) AGENCY
COMPLIANCE.—If an impacted
3
Federal employee selects an appointment and pay-
4
ment under section 2(a)(1), not later than 90 days
5
after such impacted Federal employee provides the
6
notice in accordance with paragraph (1), the head of
7
the former employing agency shall make the ap-
8
pointment described in section 2(a)(1).
9
SEC. 4. TREATMENT OF IMPACTED FEDERAL EMPLOYEES.
10
(a) IN
GENERAL.—Each impacted Federal em-
11
ployee—
12
(1) is deemed to have been involuntarily sepa-
13
rated without cause from the previous Federal posi-
14
tion of such impacted Federal employee; and
15
(2) during the five-year period beginning on the
16
date of the enactment of this Act, shall be entitled
17
to priority consideration for each appointment to a
18
position in the Federal Government for which the
19
impacted Federal employee is qualified if the im-
20
pacted Federal employee has not been appointed to
21
any other position in the Federal Government after
22
becoming an impacted Federal employee that—
23
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(A) was not subject to a vaccination re-
1
quirement pursuant to Executive Order 14043;
2
or
3
(B) is an equal or higher grade than the
4
previous Federal position of such impacted Fed-
5
eral employee.
6
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
7
tion shall be construed to override the application of vet-
8
erans preferences under chapter 33 of title 5, United
9
States Code.
10
SEC. 5. ANNUITIES.
11
(a) REINSTATED EMPLOYEES.—
12
(1) ANNUITY ENTITLEMENT.—
13
(A) IN
GENERAL.—An impacted Federal
14
employee described in subparagraph (E) is
15
deemed to have additional service equal to the
16
number of twelfth parts of a year that is equal
17
to the number of months that such impacted
18
Federal employee was an impacted Federal em-
19
ployee prior to an appointment under section
20
2(a)(1), including the month in which such im-
21
pacted Federal employee became an impacted
22
Federal employee.
23
(B) WITHHOLDINGS.—The head of the
24
former employing agency of an impacted Fed-
25
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•HR 1080 IH
eral employee described in subparagraph (E)
1
shall—
2
(i) if such impacted Federal employee
3
was subject to chapter 83 of title 5, United
4
States Code, immediately before becoming
5
an impacted Federal employee—
6
(I) withhold from amounts paid
7
to such impacted Federal employee
8
under section 2(a)(1) an amount
9
equal to the amount that such former
10
employing
agency
would
withhold
11
under subsection (k) or (a)(1)(A) of
12
section 8334 of title 5, United States
13
Code, as applicable, if—
14
(aa) the amounts paid under
15
section 2(a)(1) were the total
16
basic pay of such impacted Fed-
17
eral employee; and
18
(bb) such impacted Federal
19
employee was employed in the
20
previous Federal position of such
21
impacted Federal employee; and
22
(II) deposit in the Treasury of
23
the United States to the credit of the
24
Fund amounts withheld under sub-
25
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•HR 1080 IH
clause (I) in the same manner as
1
amounts withheld under subsection
2
(k) or (a)(1)(A) of section 8334 of
3
title 5, United States Code, as appli-
4
cable; and
5
(ii) if such impacted Federal employee
6
was subject to chapter 84 of title 5, United
7
States Code, immediately before becoming
8
an impacted Federal employee—
9
(I) withhold from amounts paid
10
to such impacted Federal employee
11
under section 2(a)(1) an amount
12
equal to the amount that such former
13
employing
agency
would
withhold
14
under section 8422(a) of title 5,
15
United States Code, if—
16
(aa) the amounts paid under
17
section 2(a)(1) were the total
18
basic pay of such impacted Fed-
19
eral employee; and
20
(bb) such impacted Federal
21
employee was employed in the
22
previous Federal position of such
23
impacted Federal employee; and
24
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(II) deposit in the Treasury of
1
the United States to the credit of the
2
Fund amounts withheld under sub-
3
clause (I) in the same manner as
4
amounts
withheld
under
section
5
8422(a) of title 5, United States
6
Code.
7
(C) WITHHOLDINGS CREDITED.—Amounts
8
withheld under—
9
(i) subparagraph (B)(i) shall be en-
10
tered on individual retirement records
11
under section 8334(f) of title 5, United
12
States Code; and
13
(ii) subparagraph (B)(ii) shall be en-
14
tered on individual retirement records
15
under section 8422(d) of such title.
16
(D) GOVERNMENT CONTRIBUTIONS.—
17
(i) CIVIL SERVICE RETIREMENT AN-
18
NUITY.—If the head of the former employ-
19
ing agency withholds amounts under sub-
20
paragraph (B)(i), the head of such former
21
employing agency shall make contributions
22
in accordance with section 8334(a)(1)(B)
23
of title 5, United States Code, as if the
24
amounts withheld under subparagraph
25
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(B)(i) are retirement deductions made
1
from the basic pay of the impacted Federal
2
employee under subsection (k) or (a)(1)(A)
3
of section 8334 of such title, as applicable.
4
(ii) FEDERAL
EMPLOYEES’ RETIRE-
5
MENT SYSTEM.—If the head of the former
6
employing agency withholds amounts under
7
subparagraph (B)(ii), the head of such
8
former employing agency shall deposit in
9
the Treasury of the United States to the
10
credit of the Fund an amount equal to the
11
amount that the former employing agency
12
would so deposit under section 8423 of
13
title 5, United States Code, if the amounts
14
paid under section 2(a)(1) to an impacted
15
Federal employee described subparagraph
16
(E) were the basic pay of such impacted
17
Federal employee and such impacted Fed-
18
eral employee, at the time of such pay-
19
ment, was—
20
(I) at the time of such payment,
21
an employee of the former employer
22
agency in the previous Federal posi-
23
tion of such impacted Federal em-
24
ployee; and
25
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(II) subject to section 8422(a) of
1
title 5, United States Code.
2
(E) IMPACTED
FEDERAL
EMPLOYEE
DE-
3
SCRIBED.—An impacted Federal employee de-
4
scribed in this subparagraph is an impacted
5
Federal employee that—
6
(i) selects an appointment and pay-
7
ment under
[Text truncated for display. Full text available on Congress.gov.]