Section 1 Short title
This Act may be cited as the “Exemptions for Critical Workers Act”.
Exemptions for Critical Workers Act
A BILL
To exempt Federal employees and contractors that are critical infrastructure workers from Federal COVID–19 vaccination mandates, and for other purposes.
Sec. 2 Exemption to COVID–19 vaccine mandates for critical infrastructure Federal employees and contractors
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 that is a critical infrastructure worker is exempt from any Federal mandate requiring such Federal employee to receive a COVID–19 vaccination.
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 on the basis of such Federal employee not receiving a COVID–19 vaccination pursuant to paragraph (1).
Federal 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 individual who is—
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 is a critical infrastructure worker;
a requirement that such exemption be incorporated into each lower-tier subcontract, if any; and
a requirement that the contractor may not retaliate against any employee on the basis of such employee not receiving a COVID–19 vaccination under such exemption.
Critical infrastructure worker defined— In this Act, the term critical infrastructure worker means an essential critical infrastructure worker identified in the guidance from the Director of the Cybersecurity and Infrastructure Agency entitled “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience In COVID–19 Response”, dated August 5, 2021, or any successor guidance.