Congressional Republicans have increasingly turned to the Congressional Review Act as a possible means of overturning Biden administration policies. Image: Orhan Cam/Shutterstock.com
By: FEDweek StaffThe GAO has determined that OPM guidance on carrying out the Coronavirus vaccination mandate for federal employees is not subject to a process in which Congress can override executive branch rules by passing a resolution of disapproval.
Making determinations of what is subject to the Congressional Review Act is one of the GAO’s lesser-used responsibilities, acting in this case on a request by Sen. Ted Cruz, R-Texas, about whether that law applies to OPM guidance on carrying out the mandate.
That 2021 mandate required that employees be vaccinated or else subject to discipline up to and including firing unless they qualified for an exception on medical or religious grounds. However, a federal judge issued an injunction against it just as agencies were to begin enforcing it in 2022, and that injunction has remained in effect since then through a series of court challenges.
Most recently, the federal Fifth Circuit appeals court upheld the injunction in a case that may be appealed to the U.S. Supreme Court in the light of decisions by two other federal appeals courts saying the case must go through internal government appeals processes first. Meanwhile, questions have arisen regarding whether the administration will drop the mandate, citing the end of the pandemic national emergency.
Congressional Republicans have increasingly turned to the Congressional Review Act as a possible means of overturning Biden administration policies, recently passing resolutions to block certain financial regulatory policies and environmental policies. Biden in turn vetoed both, the only two vetoes of his presidency.
The GAO’s determination regarding the vaccine mandate guidance likely prevents Congress from invoking the same procedure to disapprove that guidance. The GAO cited a provision making “rules relating to agency management or personnel” exempt from the Review Act process.
The guidance “solely affects agency employees, albeit across executive departments and agencies, and does not affect non-agency parties. The guidance only expounds upon requirements applicable to federal agency employees and does not place any requirements on or influence non-agency parties,” it says.
OPM Advises Agencies on Conducting RIFs During Shutdown
Updated Shutdown Contingency Plans Show Range of Impacts
Use Shutdown as Justification for More RIFs, OMB Tells Agencies
Unions Win a Round in Court Disputes over Anti-Representation Orders
Deferred Resignation Periods End for Many; Overall 12% Drop
Senate Bill Would Override Trump Orders against Unions
See also,
How to Handle Taxes Owed on TSP Roth Conversions? Use a Ladder
The Best Ages for Federal Employees to Retire
Best States to Retire for Federal Retirees: 2025
