November 17, 2021

Young Joins All GOP Senators to File Challenge to Biden’s Vaccine Mandate for Businesses

WASHINGTON – Today, U.S. Senator Todd Young (R-Ind.) filed the formal challenge against President Biden’s vaccine mandate under the Congressional Review Act along with Senator Mike Braun (R-Ind.), Leader Mitch McConnell (R-Ky.), and their 47 other Senate Republican colleagues.


The Congressional Review Act is 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).


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.


“The Biden vaccine mandate is ill-timed, ill-advised, and likely illegal. In this moment when business owners are unable to fill the open jobs they have, President Biden is squeezing the labor market even more by forcing private employers to make health decisions for their employees,” said Senator Young.


Congressman Fred Keller (PA-12), Ranking Member of the Subcommittee on Workforce Protections, and other members in the U.S. House of Representatives introduced the companion legislation.



  • 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—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 (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.