What This Bill Does
This bill cancels two previous executive orders about COVID-19 vaccine requirements. It also prevents the Secretary of Labor from creating rules that require employers to mandate COVID-19 vaccines or testing for unvaccinated employees. The bill additionally prevents the Secretary of Health and Human Services from requiring health care providers to mandate COVID-19 vaccines as a condition of participating in Medicare or Medicaid programs.
Who It Affects
Federal contractors and federal employees currently covered by the cancelled executive orders. Employers and their employees. Health care providers who participate in Medicare or Medicaid programs. The Secretary of Labor. The Secretary of Health and Human Services.
Key Provisions
• Executive Order 14042, which set COVID-19 safety protocols for federal contractors, will have no force or effect. (Sec. 2(a))
• Executive Order 14043, which required COVID-19 vaccination for federal employees, will have no force or effect. (Sec. 2(b))
• The Secretary of Labor cannot issue any rule requiring employers to mandate COVID-19 vaccination or testing of unvaccinated employees. (Sec. 3)
• The Secretary of Health and Human Services cannot require health care providers to mandate COVID-19 vaccination or testing of unvaccinated employees as a condition of participating in Medicare or Medicaid programs. (Sec. 4)
What Changes
Two existing executive orders will no longer be in effect. The Secretary of Labor loses the ability to create vaccination or testing mandate rules for employers. The Secretary of Health and Human Services cannot penalize health care providers for not mandating COVID-19 vaccination or testing.
Important Definitions
None defined in the bill text.
I
118TH CONGRESS
1ST SESSION
H. R. 119
To nullify certain Executive orders regarding COVID–19 vaccine mandates
and to prohibit the Secretary of Labor from issuing a rule mandating
vaccination against COVID–19, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 2023
Mr. BIGGS introduced the following bill; which was referred to the Committee
on Oversight and Accountability, and in addition to the Committees on
Education and the Workforce, Energy and Commerce, and Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To nullify certain Executive orders regarding COVID–19
vaccine mandates and to prohibit the Secretary of Labor
from issuing a rule mandating vaccination against
COVID–19, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Freedom from Man-
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dates Act’’.
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•HR 119 IH
SEC. 2. NULLIFICATION OF CERTAIN EXECUTIVE ORDERS.
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(a) SAFETY PROTOCOLS FOR FEDERAL CONTRAC-
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TORS.—Executive Order 14042 (86 Fed. Reg. 50985, re-
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lating to ensuring adequate COVID–19 safety protocols
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for Federal contractors) shall have no force or effect.
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(b) COVID–19 VACCINE REQUIREMENT.—Executive
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Order 14043 (86 Fed. Reg. 50989, relating to requiring
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COVID–19 vaccination for Federal employees) shall have
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no force or effect.
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SEC. 3. PROHIBITION OF RULES MANDATING VACCINA-
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TION.
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The Secretary of Labor may not issue any rule re-
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quiring employers to mandate vaccination of employees
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against COVID–19 or requiring testing of employees who
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are unvaccinated against COVID–19.
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SEC. 4. PROHIBITION ON MEDICARE AND MEDICAID
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COVID–19 VACCINATION MANDATES.
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Notwithstanding any provision of title XI, XVIII, or
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XIX of the Social Security Act (42 U.S.C. 1301 et seq.,
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1395 et seq., 1396 et seq.), the Secretary of Health and
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Human Services may not require a health care provider,
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as a condition of participation in the Medicare or Medicaid
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program, to mandate vaccination of employees against
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COVID–19 or require testing of employees who are
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unvaccinated against COVID–19, and may not otherwise
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•HR 119 IH
penalize such a provider for such provider’s failure to so
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mandate such vaccination or so require such testing.
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