November 17, 2021
Washington DC–Today, U.S. Idaho Senators Mike Crapo and Jim Risch and U.S. Representatives Mike Simpson and Russ Fulcher joined with 48 other Republican Senators and 155 Republican House Members to challenge the President’s vaccine mandate Biden under the Congressional Review Act (CRA) by introducing a joint resolution disapproving the mandate. The Congressional Review Act is the formal process for Congress to remove a rule from the executive. The resolution was referred to the Senate Committee on Health, Education, Labor and Pensions.
The move to cancel President Biden’s vaccine or testing mandate for private employers guarantees a vote in the Senate. The rule was sent to the Senate on November 16, 2021, establishing a tiered vote from early December. Although the Occupational Safety and Health Administration (OSHA) has temporarily suspended enforcement of vaccine warrants for private companies, the CRA, if passed, would codify a ban on reinstating the mandate.
“Vaccines have historically proven to be essential to the public health goal of disease prevention. We have had record vaccine development, thanks to American medical ingenuity and Operation Warp Speed. However, a single federal mandate on vaccines and private business practices is not a reasonable solution now or ever. It is best to leave medical decisions to the patients and their doctors. I will continue to fight for the federal government to respect the powers entrusted to it by the Constitution ”, Senator Crapo said.
“The blatant overbreadth of the federal government demonstrated by President Biden’s vaccine tenure unfairly weighs on businesses in our country and endangers our individual freedoms. I encourage the people of Idaho to see their health care provider for the COVID-19 vaccine. However, getting the vaccine is a decision the federal government cannot make. Individuals must make this decision themselves ”, said Senator Risch.
“The Congressional Review Act is an important tool for providing legislative oversight over the rule-making of executive agency bureaucrats who have not been elected and are not held accountable by their constituents. This rule affects not only the independence of our private companies, but also the confidential and private nature of our decisions in matters of health. I join my constituents in Idaho and our lawmakers in fighting this unconstitutional federal intrusion into our lives, ” said Representative Fulcher.
“I got the vaccine and I’m comfortable with my decision to do it, but that was just my decision. I do not agree or believe that a vaccination mandate is constitutional, and that is why I have co-sponsored the Congressional Review Act legislation to try to stop the application of President Biden’s mandate, ” said Representative Simpson.
The ARC was led by U.S. Senator Mike Braun (R-Indiana) and co-sponsored by the rest of the Senate Republican caucus: Senate Republican Leader Mitch McConnell (R-Kentucky), Senators Dan Sullivan (R-Alaska), Bill Hagerty (R-Tennessee), Roger Marshall (R-Kansas), Mike Lee (R-Utah), James Lankford (R-Oklahoma), Rick Scott (R-Florida), Marsha Blackburn (R-Tennessee), Rand Paul (R- Kentucky), Cynthia Lummis (R-Wyoming), Shelley Moore Capito (R-West Virginia), Marco Rubio (R-Florida), John Barrasso (R-Wyoming), Cindy Hyde-Smith (R- Mississippi), John Thune (R-South Dakota), Jerry Moran (R-Kansas), Roger Wicker (R-Mississippi), Richard Burr (North Carolina), Mike Rounds (R-South Dakota), John Hoeven ( North Dakota), Pat Toomey (R-Pennsylvania), Tommy Tuberville (R-Alabama), Ted Cruz (R-Texas), Tom Cotton (R-Arkansas), Joni Ernst (R-Iowa), Kevin Cramer ( R-North Dakota), Josh Hawley (R -Missouri), John Boozman (R-Arkansas), Jim Inhofe (R-Oklahoma), Chuck Grassley (R-Iowa), Todd Young (R-Indiana), Jo hn Kennedy (R-Louisiana), Ron Johnson (R-Ohio), Ben Sasse (R-Nebraska), Steve Daines (R-Montana), Deb Fischer (R-Nebraska), Lindsey Graham (R-South Carolina), Thom Tillis (R-North Carolina), John Cornyn (R-Texas), Tim Scott (R-South Carolina), Bill Cassidy (R-Louisiana ), Roy Blunt (R-Missouri), Richard Shelby (R-Alabama), Rob Portman (R-Ohio), Susan Collins (R-Maine), Lisa Murkowski (R-Alaska) and Mitt Romney (R-Utah).
U.S. Representative Fred Keller (R-Pennsylvania), a rank member of the Worker Protection Subcommittee, U.S. Representatives from Idaho, Mike Simpson and Russ Fulcher, and 155 other members of the U.S. House of Representatives presented the same bill.
- On September 8, President Joe Biden announced extended vaccination warrants to 80 million private sector workers and additional warrants to millions of federal workers and contractors.
- To implement this mandate, OSHA has issued a Temporary Emergency Standard (ETS). Employers who fail to comply will be fined $ 13,653 for each violation and intentional violations will result in a fine of $ 136,532. This rule places unrealistic compliance burdens on employers, especially at a time when businesses and supply chains are already under pressure. For example, 30 days after posting, all requirements other than testing for employees should be in place. Additionally, 60 days after posting, all testing requirements must be in place.
- The CRA can be used by Congress to overturn certain regulations and actions of federal agencies through a joint disapproval resolution. If a joint ARC disapproval resolution is approved by both houses of Congress and signed by the president, or if Congress successfully overrules a presidential veto, the rule in question is invalidated.