Instead, businesses who receive federal contracts will be required to submit to an even higher standard than OSHA is expected to require for other private sector employers. Tuesdays order is the latest in a series of rulings blocking vaccine mandates. 14042 applies to new contracts and solicitations; extensions or renewals of existing contracts; and So, to best protect your career and well-being, consider consulting with an experienced legal counsel today to discuss your options. Senators Marsha Blackburn (R-Tenn.), Dan Sullivan (R-Alaska), Tommy Tuberville (R-Ala.), Mike Braun (R-Ind. may be used by those companies to build a profile of your interests and show you relevant adverts on other On September 9, 2021, the President issued Executive Order 14042, which applies new rules - including vaccination mandates - to Federal contractors and subcontractors.This rule is different and separate from (and stricter than) the forthcoming OSHA emergency standard applicable to large businesses; because this Federal contractor mandate does not include a weekly testing option, it is . (AP Photo/Jae C. Hong). Read our affiliate link policy. 4 Targeting cookies may be set through our site by our advertising partners. Your actions have put businesses and hardworking Americans in an unnecessary bind. In particular, Executive Order 14402 side steps the public rulemaking process required under the Administrative Procedures Act in favor of using agency guidance. Now, many of the direct beneficiaries of that federal aid may lose their jobs over your unlawful federal vaccine mandates at the same time we are trying to get workers off the sidelines and back into the workforce. Both your Executive Order and the OSHA rule disregard public input and instead use coercion to force implementation of the vaccine mandate. Bidens vaccine mandate suffers from a similar nondelegation problem. There are plenty of ways to build a case around your protected rights and knowing what your rights are is crucial for finding success. Check out what's clicking on Foxnews.com. For example, although a cooperative agreement would be considered a contract pursuant to the Department's proposed definition, a cooperative agreement would not be covered by the Executive Order and this part unless it was subject to the [Davis Bacon Act] or [Service Contract Act], was a concessions contract, or was entered into "in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public." Daniel Lennington is deputy counsel at the Wisconsin Institute for Law and Liberty. We urge you to change course for the sake of hardworking Americans and their families. The Labor Department rule being issued through the Occupational Safety and Health Administration as an emergency temporary standard may be a different story if litigated. Occupational Safety and Health Administration (OSHA) rule forces private employers of over 100 employees to require their workers be vaccinated or tested weekly. Similarly, OSHA is releasing an Emergency Temporary Standard, which bypasses the public process. Gostin explained that Jacobson isn't relevant to federal law but that Biden's order was lawful anyway. The senators argued the mandates, which lack precedent, threaten the jobs and livelihoods of millions of hardworking Americans without allowing for reasonable public input. (AP Photo/Jeff Roberson, File), LA SHERIFF CALLS VAX MANDATE 'IMMINENT THREAT TO PUBLIC SAFETY'. In other words, the NPRM explained that this part would not apply to cooperative agreements that did not involve providing services for Federal employees, their dependents, or the general public. Mutual Fund and ETF data provided by Refinitiv Lipper. We also Executive Order (E.O.) personalize your experience with targeted ads. Finally, they claimed that the mandate also violates the federal Procurement Act, the Administrative Procedures Act and the federal Spending Clause. browser. In 1905 the Supreme Court issued a decision in a case involving a man fighting to be exempt from a state-mandated smallpox vaccine. If the Constitution permitted such delegations of legislative power, then the CDC could, according to the court, mandate free grocery delivery to the homes of the sick or vulnerable and require computer companies to provide free computers to enable people to work from home. This isnt how our American system works. Help us tailor content specifically for you: Tips for Career Feds on Handling Congressional Probes. Since the vaccine mandate announcement, Tully Rinckey federalemployment law attorneyshave been providing commentary to news and media outlets across the country. 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees. In particular, Executive Order 14402 side steps the public rulemaking process required under the Administrative Procedures Act in favor of using agency guidance. This support saved the jobs of millions of hardworking Americans. While COVID vaccines have been administered under EUAs, the FDA granted full approval to the Pfizer/BioNTech COVID-19 in August. Earlier in November the US Court of Appeals for the Fifth Circuit upheld its prior decision to block the Biden administrations vaccine mandate for private businesses. We write to express our significant concerns regarding your expansive vaccine mandates on hardworking Americans. With over 61 million Americans having a registered disability, the federal sector has many protections in place to help those with disabilities continue to work. As noted, to be entitled to an accommodation, the employee must first demonstrate that they have a sincerely held religious belief that prevents them from receiving the vaccine. These minimum wage EOs, like the most recent order mandating vaccination, specifically omit grants, but include cooperative agreements by implementing rules and guidance. 2023 FOX News Network, LLC. The lawsuit filed by Air Force members and other federal employees claims that "the US Constitution and numerous federal laws make it unlawful to compel persons to be vaccinated." However, following the vaccine mandate, many federal employees with conditions that may worsen upon taking the vaccine have been forced to make this decision. Biden is separately facing opposition to his plan for requiring vaccines for health-care workers in US-funded facilities and vaccines or weekly tests for employees of private companies with at least 100 employees. Beyond sidestepping public input, the mandate on contractors does not include an option for testing in lieu of a vaccine, making it particularly onerous and discriminatory. WASHINGTON, D.C. U.S. While federal law does not prohibit requiring vaccines, it is important to know your rights, the current status of the requirements, and what options you have to challenge vaccine related COVID-19 mandates. Most young men are single. Executive Order 14042 . This clause shall apply to any workplace locations (as specified by the Task Force Guidance) in which an individual is working on or in connection with a Federal Government contract or contract-like instrument (as described in section 5 (a) of this order). You can usually find these settings in the Options or Preferences menu of your Because we do not track you across different devices, Should the injunction be overturned, please refer to the guidance below on your rights and how to fight against the vaccine mandate. Forcing employers to terminate loyal employees who are willing to work when businesses are facing significant challenges in hiringand after Congress has invested trillions to save their jobsis nonsensical. The information collected might relate to you, your preferences or your device, and is mostly A coalition of more than ten U.S. attorneys general announced a lawsuit against the Biden administration in an attempt to halt COVID-19 vaccine mandates for federal contractors and federally contracted employees. department for further clarification about your rights as a California consumer by using this Exercise My Lawmaking is for Congress, not the president. A cookie is a small piece of data (text file) that a website when visited by a 14042 was signed by the President on September 9, 2021, and published in the Federal Register at 86 FR 50985 on September 14, 2021. The new guidance also indicates that agencies should not ask for additional information on an employees accommodation or exemption request while the injunction is in place. U.S. President Joe Biden speaks in the State Dining Room of the White House in Washington, D.C., U.S., on Thursday, Sept. 9, 2021. Similarly, the Task Force's September 24, 2021 guidance on the COVID-19 Executive Order (which Venable covered here) explicitly lists cooperative agreements as a potentially covered contract. Biden's order does allow exceptions for medical or religious reasons but exemptions reportedlymay be difficult to obtain. The States' Complaint, which includes twelve counts, alleges that the September 9, 2021, Executive Order requiring federal contractors to be vaccinated violates the Procurement Act, is an unlawful usurpation of states' police powers, violates the Tenth Amendment and federalism, and is an unconstitutional exercise of the federal government's When you visit our website, we store cookies on your browser to collect While the belief that it just feels unconstitutional is not precise or intellectually satisfying, it is nonetheless a correct instinct. Firing hardworking Americans who choose not to get vaccinated not only undermines the significant work Congress and the Trump Administration did to save millions of jobs, it also exacerbates the workforce shortages employers are already facing. This action seeks redress from Executive Order No. Jacobson "holds that a state may require all members of the public to be vaccinated against smallpox," a federal appeals court noted in an August 2021 ruling. Legislating is for Congress, not the president. Kristi Noem, for example, tweeted, My legal team is standing by ready to file our lawsuit the minute @joebiden files his unconstitutional rule.. Congress is supposed to make laws, not the president. In particular, Executive Order 14402 side steps the public rulemaking process required under the Administrative Procedures Act in favor of using agency guidance. There, in the preamble to the 2014 rule implementing this minimum wage EO, the government confirmed that cooperative agreements are treated the same way as other contracts, but in a manner that may limit applicability to service-type efforts: The Department noted that the mere fact that a legal instrument constitutes a contract under this definition does not mean that the contract is subject to the Executive Order. Tully Rinckey attorneys have extensive experience representing both private and public sector clients who have been subjected to or are accused of unlawful employment discrimination based on their disability status. In the latest in a series of judicial decisions impeding executive agency action that had been aimed at slowing COVID-19 vaccination rates in the U.S. (see here and . U.S. President Joe Biden speaks in the State. If an employee can meet that burden, his or her employer must engage in the interactive process to determine a suitable accommodation. NEXT STORY: Similarly, OSHA is releasing an Emergency Temporary Standard, which bypasses the public process. On September 9, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the order), which directs executive departments and agencies to . As we reported here, on September 9, 2021, President Biden issued Executive Order (EO) 14042 titled Ensuring Adequate COVID Safety Protocols for Federal Contractors, which requires the inclusion of a clause in certain contract and contract-like instruments mandating compliance "with all guidance for contractor or subcontractor workplace locations "Defendants, through their vaccine mandate, have exercised power far beyond what was delegated to the federal government by constitutional mandate or congressional action. There are many lingering questions about the details of the mandates and more guidance on the executive order is expected on Friday, but one thing is clear: implementation will be far from simple and contractors should take steps to prepare. Religious accommodations present another potential challenge for employers. In 1883, in the Civil Rights Cases, the US Supreme Court ruled the 1875 Act unconstitutional and unauthorized by either the 13th or 14th Amendments. The COVID-19 pandemic has been extremely challenging for individuals, families, and businesses. Both your Executive Order and the OSHA rule disregard public input and instead use coercion to force implementation of the vaccine mandate. Uganda dispatch: new anti-homosexuality bill to be presented to Parliament years after previous legislation was overturned in court, Pakistan dispatch: political plays risk economic instability as IMF negotiations drag on, The Rule of Law in Ukraine: A Cornerstone to International Stability for the Future, Another Gaza War? The demand for workers is strong, but there are simply not enough workers to fill positions. On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky threw a wrench into the federal government's efforts to enforce Executive Order 14042's COVID-19. Federal employees shouldnt be thrust into the uncomfortable position of choosing their job over their personal beliefs. This action seeks redress from Executive Order No.'s 14042 and 14043 (collectively, "Executive Orders") issued by President Biden on September 9, 2021, and an order ("DoD Order") issued by . Discipline may be imposed if certain safety measures are not followed. sale of your personal information to third parties. This can extend to the modification of some work duties, allowing the employee to work from home, or implementing certain social distancing policies. intended if you do so. You can set your browser to block or alert you about these cookies, but some parts Sale of Personal Data, Targeting & Social Media Cookies, Under the California Consumer Privacy Act, you have the right to opt-out of the (ECF No. "According to the U.S. Department of Labor, workers who are employed by a federal contractor make up one-fifth of the entire labor market. The power to impose vaccine mandates, to the extent that any such power exists, is a power reserved to the States. More specifically, we use cookies and other tracking Determining whether an exception is legally required will include consideration of factors such as the basis for the claim; the nature of the employees job responsibilities; and the reasonably foreseeable effects on the agencys operations, including protecting other agency employees and the public from COVID-19.". sites. ", Guidance issued by the Biden administration on September 16 says that "an agency may be required to provide a reasonable accommodation to employees who communicate to the agency that they are not vaccinated against COVID-19 because of a disability or because of a sincerely held religious belief, practice, or observance. In September 2021, President Biden signed Executive Orders that required federal employees(Executive Order 14043) and federal contractors (Executive Order 14042), to be fully vaccinated against COVID-19. Arizona AG Mark Brnovich already sued Biden to block the vaccine rules. These cookies collect information for analytics and to A number of websites have popped up offering free form letters for employees that do not want to be vaccinated based on dubious religious reasoning. choices) and/or to monitor site performance. While the Supreme Court has upheld the ability of states to mandate vaccines during a pandemic, there is no precedent for the federal government to mandate vaccines for contractors, private employers, or individual Americans. 79 FR 9853. Will it be incumbent on the employer to make this determination? The Order requires all executive departments and agencies of the federal government to ensure that covered contracts and contract-like instruments include a clause . The other three plaintiffs, employees of government contractors, including 3M employee and New York resident Zachary Amigone; Thomas Handyside of Medline Industries, who lives in Illinois; and California resident Tanya Murrieta, an emergency medical technician for Loyal Source Government Services. In the 50-year history of OSHA, they have been issued only 10 times. technologies for the following purposes: We do not allow you to opt-out of our certain cookies, as they are necessary to ), Steve Daines (R-Mont. This material may not be published, broadcast, rewritten, or redistributed. or redistributed. etc.). We do not allow you to opt-out of our certain cookies, as they are necessary to We all want to put this pandemic behind us for the benefit of our health, our families, and our economy, but we cannot lose sight of the massive, negative impacts that your mandates will have on hardworking Americans and their families. Congress is supposed to make law, not the president. Congress passed no more civil rights legislation until 1957. In a 7-2 decision, the high court upheld the lower court decision forcing the man to be vaccinated during the ongoing epidemic. This website uses cookies to enhance user experience and to analyze performance and The lawsuit, led by Missouri Attorney General Eric Schmitt, argues that the mandate goes against the Procurement Act, citing twelve counts of violations. Five takeaways from the big COVID-19 lab leak story, Watch live: White House monkeypox response team holds briefing, Do Not Sell or Share My Personal Information. They also argued that the mandate was an overreach of presidential power. Last week a federal judge in Missouri issued an order blocking the vaccine mandate for healthcare workers in 10 states, and a judge in Louisiana issued a nationwide injunction. What happens next and how does the injunction impact you. Yes, Government Executive can email me on behalf of carefully selected companies and organizations. However, even with these protections in place, you may still find yourself being denied your rights to certain accommodations or exclusions. It declared:all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude. Join the Ars Orbital Transmission mailing list to get weekly updates delivered to your inbox. pursuant to Executive Order (E.O.) The Executive Branch does not have the constitutional authority to take these invasive actions and your mandates will threaten the livelihoods, earned benefits, and financial health of untold numbers of hardworking Americans and their families. However, you They Unless the agency can prove that any accommodations would prove an undue hardship or pose a direct threat to its employees or general public, they would have no right to deny a disability-based vaccine exemption. Plaintiffs also claim the mandate violates the Free Exercise and Establishment clauses of the First Amendment, the Religious Freedom Restoration Act, and otherUS laws including "Title VII of the Civil Rights Act of 1964 by discriminating against Plaintiffs and service members, federal employees, and federal contractors on the basis of their religion or disability." Executive Order 14042 Requirements for COVID-19 Vaccination of Federal Contractors Updated December 13, 2021 On September 9, 2021, President Joseph R. Biden, Jr., issued Executive Order (E.O.) Kyle Morris covers politics for Fox News. In addition, neither mandate considers natural immunity. Senator Dan Sullivan, R-Alaska, criticizing President Joseph R. Biden for implementing federal COVID-19 vaccine mandates. Developing a clear process for accommodations requests that comply with the ADA and the provisions of the executive order. Social media cookies are set by a range of social media services that we have In their complaint, plaintiffs alleged that the order is an unconstitutional violation of the Tenth Amendment, which reserves to the states the powers not delegated to the federal government. Likewise, contractors should be attuned to contractual modifications that implement these requirements. "Neither Article II of the U.S. Constitution nor any act of Congress authorizes defendants to implement their vaccine mandate. On hearing Bidens announcement regarding the vaccine mandate for contractors and a similar requirement for federal employees, the first question in many peoples minds is whether they are even constitutional. Yes, I want to receive occasional updates from partners. Similarly, OSHA is releasing an Emergency Temporary Standard, which bypasses the public process. R. Stan Baker, U.S. District Judge for the Southern District of Georgia, issued a 28-page ruling following a preliminary injunction for contractors and subcontractors in Kentucky, Ohio and. The disappointing economic data released by your own Administration outlines the serious nature of this issue. of the site will not work as intended if you do so. The NPRM explained that, in order for a contract to be covered by the Executive Order and the proposed rule, the contract must qualify as one of the specifically enumerated types of contracts set forth in section 7(d) of the Order and proposed 10.3. Determining whether they are covered by Executive Order 14042 or the upcoming Labor Department rule; Reviewing and updating existing vaccination policies or working with counsel to create a policy; Reviewing and understanding privacy requirements under the Americans with Disabilities Act; and. Although the court upheld the law, Justice Neil Gorsuch dissented, writing that if the separation of powers means anything, it must mean that Congress cannot give the executive branch a blank check to write a code of conduct governing private conduct for a half-million people., More recently, the Supreme Court used nondelegation principles to strike down the Centers for Disease Control and Preventions (CDC) eviction moratorium, billed by the Biden administration as a COVID-control measure. The views expressed by contributors are their own and not the view of The Hill, by Daniel Lennington, opinion contributor - 09/12/21 10:00 AM ET, by Naomi Schaefer Riley, Opinion Contributor, At-home cardiac rehabilitation may lower risk of death: study, House panel lays out existential struggle with China in primetime debut, Dish Network confirms cybersecurity breach, East Palestine residents report unusual symptoms after train derailment, Nearly half of US murders going unsolved, data show, Johnson to face Vallas in Chicago mayoral runoff, Train collision in Greece kills at least 26, injures scores more, Occupational Safety and Health Act of 1970, Are we headed toward a dystopian online world? Additionally, you may contact our legal Vaccines are important in slowing the spread of the coronavirus, however, the decision on whether or not to get vaccinated is a personal choice and should not be unilaterally decided by the President. We will of course continue to monitor developments under the COVID-19 Executive Order and its ramifications for contractors and recipients of federal funds alike. It is expected that businesses will see an uptick in religious and ethical accommodation requests in light of the vaccination mandates. visiting for our advertising and marketing efforts. Legal Statement. Legal Statement. "There is perhaps no greater usurpation of fundamental constitutional rights than forcibly injecting a foreign substance into an American citizen," the lawsuit claims. Following President Bidens announcement of a new nationwide vaccine mandate, Republican public officials and conservative commentators swiftly condemned the measure, labeling it unconstitutional. South Dakota Gov. Should they qualify, employers would be prompted to have a discussion with the individual about what accommodations they can offer them so that they can continue to work safely. Chief Acquisition Officer Excellence Awards . Executive Orders 14042 and 14043 issued on September 9, 2021 (collectively the "Executive Orders" or "mandates"). user asks your browser to store on your device in order to remember information about you, such as your It is not uncommon for modifications to be bilateral, or agreed to by the contractor, or include release of claims language. These unconstitutional actions are not only unprecedented, but they are also a vast federal overreach into individual liberties, personal health decisions, and private enterprise. These unconstitutional actions are not only unprecedented, but they are also a vast federal overreach into individual liberties, personal health decisions, and private enterprise. Federal contractors will also need tobe prepared for incorporation ofa new vaccine mandate contract clause into new contract awardsas well as inclusion of the same requirements in modifications to contracts entered into prior to the executive orders effective date, particularly through exercising options. Similarly, OSHA is releasing an Emergency Temporary Standard, which bypasses the public process. CNMN Collection determining the most relevant content and advertisements to show you, and to monitor site traffic and Why Deny Hazard Pay For Feds Forced To Take COVID Risks? 79 Fed. Indeed, the forty-seven (47) year subjugation to our Commander-in-Chief's vapid political career our nation has endured leaves little remain [sic] uncertainwith more power, comes greater destitution. 2023 FOX News Network, LLC. Currently, unvaccinated employees must either get vaccinated or submit for either a religious or medical exemption or risk facing disciplinary actions from their agency. October 8, 2021 Executive Order 14042: Survival Guide for Federal Contractors - (An Analysis of What We Know, What We Think, and What We Don't Know about President Biden's COVID-19 Executive. The lawsuit also claims that the mandate imposed on federal workers through Executive Order 14042 from President Biden is unconstitutional. In that case, the court reviewed a law that gave the attorney general unilateral power to label certain people sex offenders. That said, there is some legal precedent from the Supreme Court that may shed light on the issue. Does this standard include a danger from a virus such as COVID-19? On September 9 President Biden issued an executive order that required federal contractors to be vaccinated against COVID-19. browsers and GEMG properties, your selection will take effect only on this browser, this device and this Missouri Attorney General Eric Schmitt blasted plans by leaders in Kansas City and St. Louis to slash police funding amid a crime surge. 14042 requiring . In that documentwhich preceded the decision of the Eleventh Circuit that narrowed the Executive Order (EO) 14042 injunctionfederal agencies were instructed to "pause" requiring or requesting employees, potential employees, and on-site contractor employees to provide information about their COVID-19 vaccination status. In the second federal court ruling in as many weeks, the U.S. District Court for the Southern District of Georgia today issued an order imposing a Hes relying on a provision in the Occupational Safety and Health Act of 1970 that gives the president the power to impose emergency temporary standards. The Occupational Safety and Health Administration (OSHA) can impose these standards if the Secretary of Labor believes that employees are exposed to a grave danger from a new hazard. Whats a grave danger? This may affect our ability to personalize ads according to your preferences. Get the latest updates from the 2024 campaign trail, exclusive interviews and more Fox News politics content. The statute doesnt say, and so it presents the classic nondelegation scenario: Has Congress delegated away too much of its legislative power? The DOJ also said that this law "does not prohibit public or private entities from imposing vaccination requirements for vaccines that are subject to EUAs." It is highly likely that both Executive Order 14042 requiring contractors to get vaccinated and the upcoming Labor Department emergency rule will be challenged on constitutional or other. This instinct is correct. Determining which are legitimate and which fall short of the sincerely held belief standard will require delicate handling. Mutual Fund and ETF data provided by Refinitiv Lipper. Grantees. While this case may support a finding of constitutionality for the current vaccine mandates, that case is different from the current situation in a key aspect; the mandating authority was the state, while in the present case, the authority is the federal government. Now, many of the direct beneficiaries of that federal aid may lose their jobs over your unlawful federal vaccine mandates at the same time we are trying to get workers off the sidelines and back into the workforce. 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Issued a decision in a series of rulings blocking vaccine mandates, criticizing President Joseph R. Biden for implementing COVID-19! Be published, broadcast, rewritten, or redistributed the vaccine mandate Institute for law and.... Standard include a Clause, Dan Sullivan, R-Alaska, criticizing President Joseph R. Biden for implementing COVID-19. Exists, is a power reserved to the States that may shed light on the issue Tips... Etf data provided by Refinitiv Lipper the public rulemaking process required under the COVID-19 Executive Order and the of! History of OSHA, they claimed that the mandate also violates the federal government to ensure that covered and. Contracts and contract-like instruments include a Clause with these protections in place, you still! Imposed if certain SAFETY measures are not followed that Jacobson is n't relevant to federal law but Biden... 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( R-Tenn. ), Dan Sullivan, R-Alaska, criticizing President Joseph R. Biden implementing. The serious nature of this issue employer to make this determination a virus as! 14042 requires employees of federal funds alike legal precedent from the Supreme court a... Extremely challenging for individuals, families, and so it presents the classic nondelegation scenario: has Congress away... Your inbox comply with the ADA and the OSHA rule disregard public input and instead use coercion to force of! Public process while COVID vaccines have been administered under EUAs, the Administrative Act... Expansive vaccine mandates on hardworking Americans urge you to change course for the sake of hardworking Americans under EUAs the! Unilateral power to label certain people sex offenders so it presents the classic nondelegation scenario: has Congress away... Executive departments and agencies of the Executive Order that required federal contractors and recipients of funds... And which fall short of the Executive Order 14402 side steps the public process Feds on Handling Congressional.... Our ability to personalize ads according to your preferences claimed that the mandate was an overreach presidential... Position of choosing their job over their personal beliefs face termination, and it... R-Alaska, criticizing President Joseph R. Biden for implementing federal COVID-19 vaccine mandates, to the extent that such! La SHERIFF CALLS VAX mandate 'IMMINENT THREAT to public SAFETY ' the lawsuit also claims that the mandate was overreach! But there are plenty of ways to build a case involving a man fighting be! Also violates the federal government to ensure that covered contracts and contract-like instruments executive order 14042 unconstitutional danger. Joseph R. Biden for implementing federal COVID-19 vaccine mandates, and businesses File ), Sullivan! 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