Scott Joins Effort to Overturn Biden’s Vaccine Mandate

WASHINGTON – U.S. Senator Tim Scott (R-S.C.) joined Senator Mike Braun (R-Ind.) and 40 of their Senate colleagues to formally disapprove of and nullify President Biden’s vaccine mandate on private companies and their employees under the Congressional Review Act (CRA), the official process for Congress to eliminate an executive branch rule.

Today, the Occupational Safety and Health Administration (OSHA) issued a rule to officially mandate vaccination requirements for private businesses with more than 100 employees. The rule will affect more than 80 million Americans and impose $14,000 fines for persons who do not comply. 

This rule by the Biden administration threatens to worsen the current labor shortage and further disrupt supply chains. This unacceptable federal directive impacts tens of millions of Americans and warrants review by Congress, the representatives elected by the American people to make the laws.

“President Biden is placing an undue burden on business and workers who have already faced so many difficulties throughout the pandemic,” said Scott. “This is a time when we should be working together to get our economy going again—not tearing people from their livelihoods. Forcing a federal mandate on Americans will only decrease trust in our nation’s vaccines and harm small businesses just as they are getting back on their feet. My colleagues and I will not stand for what is simply another Washington power-grab.”

The National Federation of Small Businesses said of the mandates: “Small businesses face daily challenges from pandemic requirements, locating qualified workers, rampant inflation, and supply chain disruptions. Small business owners and their employees want to operate in a safe and healthy manner that allows them to stay open. Additional mandates, enforcement, and penalties will further threaten the fragile small business recovery.”


On September 8, President Biden announced via a speech vaccine mandates that extend to 80 million private sector workers and additional mandates on millions of federal workers and contractors. This rule is expected to force private-sector employers with more than 100 employees to mandate vaccinations or produce at-least-weekly negative test results before coming to work. And as announced, the federal employee and contractor plan doesn’t even include the option of weekly testing rather than taking a vaccine.

To implement this mandate, OSHA promulgated an Emergency Temporary Standard (ETS). 

The 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.

Joining Senators Scott and Braun in the disapproval are Senators James Lankford (R-Okla.), Dan Sullivan (R-Alaska), Bill Hagerty (R-Tenn.), Roger Marshall (R-Kan.), Mike Lee (R-Utah), Rick Scott (R-Fla.), Marsha Blackburn (R-Tenn.), Rand Paul (R-Ky.), Cynthia Lummis (R-Wyo.), Shelley Moore Capito (R-W.Va.), Marco Rubio (R-Fla.), John Barrasso (R-Wyo.), Cindy Hyde-Smith (R-Miss.), John Thune (R-S.D.), Jerry Moran (R-Kan.), Roger Wicker (R-Miss.), Richard Burr (R-N.C.), Mike Rounds (R-S.D.), John Hoeven (R-N.D.), Pat Toomey (R-Pa.), Tommy Tuberville (R-Ala.), James Risch (R-Idaho), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Tom Cotton (R-Ark.), Joni Ernst (R-Iowa), Kevin Cramer (R-N.D.), Josh Hawley (R-Mo.), John Boozman (R-Ark.), Jim Inhofe (R-Okla.), Chuck Grassley (R-Iowa), Todd Young (R-Ind), John Kennedy (R-La.), Ron Johnson (R-Wis.), Ben Sasse (R-Neb.), Steve Daines (R-Mont.), Deb Fischer (R-Neb.), Lindsey Graham (R-S.C.), Thom Tillis (R-N.C.), and John Cornyn (R-Texas).