WASHINGTON, D.C. – U.S. Senator Deb Fischer (R-Neb.) joined all Republican U.S. Senators in filing a formal challenge under the Congressional Review Act against President Biden’s vaccine mandate for businesses.  

“President Biden’s vaccine mandate is unprecedented, divisive, and it raises constitutional concerns. I have and will continue to encourage Nebraskans to get vaccinated. All Americans should have the choice to do so. This challenge by Senate Republicans under the Congressional Review Act is a critical step to overturn the administration’s federal overreach which violates our citizens’ personal freedom,” said Senator Fischer. 

This move to overturn President Biden’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.


 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.

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. 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 (CRA) 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 and no similar rule can be issued in the future. 


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