Reps. Claudia Tenney and Jim Banks Introduce Bill to Reverse Biden’s Unconstitutional Vaccine Mandate

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September 30, 2021

Washington, DC – Representatives Claudia Tenney (NY-22) and Jim Banks (IN-03), Chairman of the Republican Study Committee, today introduced the Health Freedom For All Act to prevent the Biden Administration from enacting its planned vaccine mandate on the American people. The bill would clarify that under existing law the Occupational Safety and Health Administration (OSHA) does not have the authority to implement rules requiring Americans to undergo COVID-19 vaccinations or testing.

In an unprecedented move, President Biden announced that he would impose a mandatory vaccine requirement on US businesses employing more than 100 workers or require weekly testing for those who remain unvaccinated. This decision is a complete reversal of previous assurances made by President Biden and his Administration that he would not impose such mandates on the American people and instead prioritize voluntary vaccination efforts.

In Tenney’s home state of New York, individuals working in the medical field or education system are set to be fired from their jobs if they do not comply with the state’s mandatory vaccination requirement, which is set to go into effect on September 27, 2021.

“President Biden’s vaccine and testing mandate far exceeds the authority granted to the Occupational Safety and Health Administration (OSHA) by Congress. I received my vaccine and support voluntary vaccination efforts. However, I strongly oppose others being forced to receive the vaccine or it being made a condition of employment. My commonsense bill makes clear that OSHA does not have the authority to force Americans to receive vaccines or undergo testing. Like President Biden’s extension of the CDC’s eviction moratorium earlier this year, this mandate is yet another attempt by the Administration to skirt the law and do through government coercion what it is failing to do through persuasion. I am honored to partner with Congressman Banks on this important effort to stop President Biden from further abusing our Constitution,” said Congresswoman Tenney.

“Joe Biden promised us before he was president that he wouldn’t use his office to mandate COVID vaccines. Now we know he lied. I am proud to introduce the Health Care Freedom for All Act with Rep. Claudia Tenney that would stop this unconstitutional and un-American federal overreach by President Biden,” said Congressman Banks.

The Health Freedom for All Act has been endorsed by several key groups, including the Heritage Action, American Conservative Union, American Principles Project, Americans for Limited Government, and Texas Public Policy Foundation.

“As Americans, we are blessed to live in a society that grants us the freedom of personal choice. President Biden is denying Americans that freedom and instead weaponizing employers on behalf of the government to mandate workers get the vaccine. These mandates will grow distrust in our government, crush the livelihoods of anyone with a concern about the vaccine, and put our economy back on the brink. We applaud Reps. Tenney and Banks for working to stop these anti-choice mandates from ever seeing the light of day,” said Jessica Anderson, Executive Director of Heritage Action.

“The Texas Public Policy Foundation thanks RSC Chairman Banks and Rep. Claudia Tenney for introducing the Health Freedom for All Act. This bill would stop President Biden’s unconstitutional national vaccine mandate that requires employers to force their employees to choose between their job or a vaccine. Mandating what drugs someone puts into their body is a gross overreach by the federal government and a violation of the right of individual Americans to make their own health care decisions,” said Kevin Roberts, CEO of the Texas Public Policy Foundation.

Background on the Health Freedom for All Act: 

  • Prevents the Secretary of Labor from enacting an emergency rule to require employers to mandate vaccines, medication, or medical procedures—including testing—for employees.
  • Any vaccine, medication, or medical procedures requirement under the Occupation Safety and Health (OSH) Act must go through the full federal rules making process where it can receive public comment and feedback.

Full text of the Health Freedom for All Act can be found here.


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