Section 1 Short title
This Act may be cited as the “Options Over Terminations Act”.
Options Over Terminations Act
A BILL
To 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.
Sec. 2 Exemption to COVID–19 vaccine mandates for Federal employees or contractors with COVID–19 antibodies
Federal employees—
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.
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).
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).
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—
an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; and
an employee appointed under chapter 73 or 74 of title 38, United States Code, notwithstanding section 7425(b) of such title.
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—
an exemption from such requirement for any such employee or individual who provides proof of the presence of COVID–19 antibodies;
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
a requirement that the contractor may not retaliate against any employee who elects to meet the requirements of the exemption described in paragraph (1).