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1 1 (December 1, 2021)

handle is hein.crs/goveexk0001 and id is 1 raw text is: S Congressional ______ SResearchService Federal COVID-19 Vaccination Mandates and Related Litigation: An Overview Updated December 1, 2021 During 2021, various federal, state, and private entities instituted Coronavirus Disease 2019 (COVID-19) vaccination requirements to address the pandemic, particularly as the Delta variant-a highly contagious strain of SARS-CoV-2 (the virus that causes COVID-19)-spreads in the United States. The federal COVID-19 vaccination requirements issued to date by the President or executive agencies include those directed at (1) federal executive agency civilian employees; (2) federal contractors for executive departments, agencies, and offices; (3) most Medicare- and Medicaid-certified providers and suppliers; and (4) employers with 100 or more employees. These employment- or workforce-based mandates- subject to accommodations required by federal law-either directly require certain employees to receive COVID-19 vaccinations or direct certain employers to impose a vaccination or vaccination-and-testing requirement on their employees or staff. (In addition to these mandates, the Secretary of Defense has mandated COVID-19 vaccination for servicemembers. For more information about the military's COVID-19 vaccination mandate, see this CRS Insight.) The federal vaccination mandates, like those imposed by states and state entities like public universities, have generated numerous legal challenges. While both federal and state vaccination requirements are subject to constitutional provisions that protect individual rights, federal requirements imposed by the executive branch are also subject to statutory constraints. Specifically, such requirements generally must stem from the federal government's existing statutory authority and may be subject to additional context- specific statutory limits. Thus, each federal mandate raises unique legal issues specific to the particular statutory framework, in addition to legal issues raised by governmental vaccination requirements generally. This Sidebar provides an overview of each set of federal COVID-19 vaccination requirements and the statutory authorities cited for their basis. It then highlights some of the key legal issues raised by the pending legal challenges against each mandate, and provides some potential considerations for Congress based on a preliminary order issued by the U.S. Court of Appeals for the Fifth Circuit in the early stages of one of the pending proceedings. Congressional Research Service https://crsreports.congress.gov LSB10662 CRS Legal Sidebar Prepared for Members and Committees of Congress

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