The Biden administration plans to end the COVID vaccine mandate for federal employees at the end of the day on May 11, the same day that President Biden said that he planned to end the COVID-19 national emergency.
In a statement, the White House said:
Today, we are announcing that the Administration will end the COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers at the end of the day on May 11, the same day that the COVID-19 public health emergency ends. Additionally, HHS and DHS announced today that they will start the process to end their vaccination requirements for Head Start educators, CMS-certified healthcare facilities, and certain noncitizens at the land border. In the coming days, further details related to ending these requirements will be provided.
The president will be issuing an executive order in the next few days formally rescinding the federal employee vaccine mandate which will formally end at 12:01 am on May 12, 2023. We will provide more updates as they become available.
Vaccine mandates will remain in place for many federal employees at the National Institutes of Health, Indian Health Service and Department of Veterans Affairs according to the Biden administration while those agencies review their own requirements going forward. These agencies implemented their own vaccination requirements for healthcare staff and others separate from the mandate issued by Biden.
In its announcement, the White House said that Biden’s COVID vaccine mandate helped protect federal employees and that the federal government successfully achieved a 98% compliance rate among the federal workforce.
As to why the administration decided to end the COVID mandate, the announcement cites a 95% decline in the number of COVID related deaths since January 2021 and widespread use of the vaccine, which the Biden administration takes credit for in the announcement as a result of its COVID vaccine mandate.
The full announcement is included at the end of this article.
COVID Vaccine Mandate Controversy and Legal Battles
When President Biden first announced that he was requiring federal employees to get the COVID-19 vaccine in 2021, it immediately sparked controversy and led to numerous legal battles which are still ongoing. Federal employees were given until November 22, 2021 to get vaccinated or faced disciplinary actions including possibly being fired. The COVID mandate also applied to teleworking federal employees.
Shortly after the federal employee vaccine mandate was announced, it was revealed that numerous federal agencies were building databases to compile the names and religious information of federal employees who were seeking exemptions from the vaccine requirement on religious grounds. One aspect of the COVID vaccine mandate was that federal employees could opt out by filing for an exemption based on their religious beliefs.
After this news broke, it led to an outcry from some Members of Congress who introduced bills in an effort to stop the government from tracking federal employees’ personal religious information.
A group called Feds for Medical Freedom sued over the federal employee vaccine mandate and the case led to an injunction issued by a Texas court which halted enforcement of the mandate.
Despite the injunction, the Biden administration continued to fight in court for its vaccine mandate. It even looked like the case could end up before the Supreme Court. The Biden administration did win some legal battles in court when the vaccine mandate was upheld by a couple of appeals courts.
Presumably, the administration will cease its efforts to continue fighting for the vaccine mandate in court now that it has decided to end the vaccination requirement for federal employees, although exactly what all of this means for the ongoing cases remains to be seen. It is something of a surprise though given the fervor with which the Biden administration had been fighting for it in court.
Vaccine Mandate Enforcement Still Halted
In the meantime, federal agencies are still not enforcing the vaccine mandate for the federal workforce in order to comply with the court’s nationwide injunction. The Safer Federal Workforce Task Force has directed agencies to continue to refrain from enforcing the mandate for federal employees and contractors to comply with the injunction until Biden issues the executive order formally rescinding the mandates.
The Task Force stated in an announcement posted on May 1, 2023:
On May 1, 2023, the Biden Administration announced its plans to end certain Federal COVID-19 vaccination requirements, including those for Federal employees and Federal contractors, at the end of the day on May 11. In the coming days, President Biden will be issuing an Executive Order rescinding the vaccination requirement for Federal employees and COVID-19 safety protocols for Federal contractors, effective at 12:01 am on May 12, 2023.
In the interim, agencies should continue to take no action to implement or enforce the COVID-19 vaccination requirement pursuant to Executive Order 14043 on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees to ensure compliance with the applicable preliminary nationwide injunction.
Similarly, with respect to Executive Order 14042 on Ensuring Adequate COVID Safety Protocols for Federal Contractors, agencies should not take any steps to require covered contractors and subcontractors to come into compliance with previously issued Safer Federal Task Force guidance, or enforce any contract clauses implementing Executive Order 14042.
The Safer Federal Workforce Task Force will issue further guidance following an Executive Order.
The Biden-Harris Administration Will End COVID-19 Vaccination Requirements for Federal Employees, Contractors, International Travelers, Head Start Educators, and CMS-Certified Facilities
May 01, 2023
In 2021, the Biden-Harris Administration announced COVID-19 vaccination requirements to promote the health and safety of individuals and the efficiency of workplaces, protecting vital sectors of our economy and vulnerable populations. Since January 2021, COVID-19 deaths have declined by 95%, and hospitalizations are down nearly 91%. Globally, COVID-19 deaths are at their lowest levels since the start of the pandemic. Following a whole-of-government effort that led to a record number of nearly 270 million Americans receiving at least one shot of the COVID-19 vaccine, we are in a different phase of our response to COVID-19 than we were when many of these requirements were put into place.
Today, we are announcing that the Administration will end the COVID-19 vaccine requirements for Federal employees, Federal contractors, and international air travelers at the end of the day on May 11, the same day that the COVID-19 public health emergency ends. Additionally, HHS and DHS announced today that they will start the process to end their vaccination requirements for Head Start educators, CMS-certified healthcare facilities, and certain noncitizens at the land border. In the coming days, further details related to ending these requirements will be provided.
Our Administration’s vaccination requirements helped ensure the safety of workers in critical workforces including those in the healthcare and education sectors, protecting themselves and the populations they serve, and strengthening their ability to provide services without disruptions to operations. The Federal government successfully implemented requirements for its workforce in a way that increased vaccination to achieve 98% compliance, reflecting employees who had received at least one dose of a vaccine or had a pending or approved exception or extension request filed by January 2022. We also put in place vaccination requirements for certain international travelers to slow the spread of new variants entering the country and to allow our healthcare system time to effectively manage access to care if faced with an increase in cases and hospitalizations.
Our COVID-19 vaccine requirements bolstered vaccination across the nation, and our broader vaccination campaign has saved millions of lives. We have successfully marshalled a response to make historic investments in broadly accessible vaccines, tests, and treatments to help us combat COVID-19. While vaccination remains one of the most important tools in advancing the health and safety of employees and promoting the efficiency of workplaces, we are now in a different phase of our response when these measures are no longer necessary.
