Collins, Colleagues File Challenge to Vaccine Mandate for Businesses

Washington, D.C. – U.S. Senator Susan Collins joined all 49 of her Republican Senate colleagues in filing a formal challenge against the Biden administration’s vaccine mandate under the Congressional Review Act, the official process for Congress to eliminate an executive branch rule.  The resolution has been received by the Senate and referred to the Committee on Health, Education, Labor, and Pensions (HELP) on which Senator Collins serves. 

This move to overturn the administration’s vaccine or test mandate for private employers is guaranteed a vote on the Senate floor.  The rule was transmitted to the Senate on November 16th, setting up a Floor vote as soon as early December.  A companion resolution was introduced in the U.S. House of Representatives.

“As I’ve said many times before, I believe in the efficacy of the vaccines. They have proven to be safe and effective at preventing severe illness, hospitalizations, and death,” said Senator Collins.  “Federal mandates, however, are unlikely to give unvaccinated Americans more confidence in the shot.  The best and most trusted advisors in this area are doctors and other health care providers.”

BACKGROUND:

• The White House said in July that a federal vaccine mandate was not the federal government’s role. 

• On September 8, President Joe Biden announced vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors.  The 100-employee threshold is putting some companies who are already facing workforce shortages in an impossible position.

• To implement this mandate, OSHA issued an Emergency Temporary Standard (ETS). Employers that fail to comply will be fined $13,653 for each offense and willful violations will result in a $136,532 penalty.  This rule places unrealistic compliance burdens on employers—especially during a time where business and supply chains are already under duress.  For example, 30 days after publication, all requirements other than testing for employees must be in place.  In addition, 60 days after publication, all testing requirements must be in place.

• The Congressional Review Act can be used by Congress to overturn certain federal agency regulations and actions through a joint resolution of disapproval.  If a CRA joint resolution of disapproval is approved by both houses of Congress and signed by the President, or if Congress successfully overrides a presidential veto, the rule at issue is invalidated.

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