Freedom from Mandates Act

Bill Number

H.R. 79

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and Workforce, Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2026-03-04T09:06:50Z

AI-Generated Summary

Purpose of the Legislation

The "Freedom from Mandates Act" (H.R. 79) aims to eliminate specific federal requirements for COVID-19 vaccinations imposed through executive actions and regulations. It seeks to prevent government-mandated vaccinations or testing for certain groups, emphasizing individual choice over federal enforcement in public health measures related to COVID-19.

Key Provisions

• Nullification of Executive Orders:
• Executive Order 14042 (issued in 2021), which required COVID-19 safety protocols including vaccination for federal contractors, is rendered void and without legal effect.
• Executive Order 14043 (issued in 2021), which mandated COVID-19 vaccination for federal employees (with limited exceptions), is also rendered void.
• Prohibition on Labor Department Rules:
• The Secretary of Labor is barred from issuing any rules that require employers to mandate COVID-19 vaccinations for employees or to require testing for unvaccinated employees.
• Prohibition on Health and Human Services Mandates:
• The Secretary of Health and Human Services (HHS) cannot condition participation in Medicare or Medicaid programs on healthcare providers mandating COVID-19 vaccinations or testing for their unvaccinated employees.
• HHS is prohibited from penalizing such providers for not implementing these measures.

Significant Changes to Existing Law

• This bill directly overrides two specific executive orders from 2021, which had expanded federal authority to enforce COVID-19 vaccinations in government-related employment.
• It introduces statutory prohibitions that limit the rulemaking authority of the Departments of Labor and Health and Human Services, preventing future similar mandates under the Social Security Act (which governs Medicare and Medicaid).
• Unlike prior executive actions, which relied on presidential directives and agency rules, this legislation embeds permanent restrictions into federal law, making it harder for future administrations to reinstate such mandates without congressional approval.

Potential Impacts

• On Government Agencies: Federal agencies overseeing contractors, employees, Medicare, and Medicaid will lose enforcement tools for vaccination requirements, potentially simplifying operations but reducing public health oversight in these sectors.
• On Citizens: Federal employees, workers for federal contractors, healthcare workers in Medicare/Medicaid-participating facilities, and potentially broader private-sector employees will face no federal mandates for COVID-19 vaccination or testing, increasing personal choice but possibly affecting workplace safety protocols.
• On International Relations: No direct impacts are outlined, as the bill focuses on domestic U.S. employment and health programs.

Main Stakeholders Affected

• Federal Employees and Contractors: Directly relieved from vaccination mandates under the nullified executive orders.
• Healthcare Providers: Participating in Medicare or Medicaid programs gain flexibility in employee vaccination policies without risk of federal penalties.
• Employers: Protected from future Labor Department rules that could impose vaccination or testing requirements.
• Government Officials: Secretaries of Labor and HHS face restricted authority, shifting decision-making toward Congress.
• General Public: Indirectly affected through changes in federal health and employment standards, particularly those reliant on government-funded healthcare or jobs.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill asserts congressional supremacy over executive actions by nullifying orders through statute, potentially setting a precedent for Congress to invalidate future presidential directives on public health without court involvement.
• Constitutional Implications: It reinforces separation of powers by limiting executive branch rulemaking, but could raise questions about federal authority under the Commerce Clause (which allows regulation of interstate activities like employment) if challenged in court.
• Political Implications: The legislation highlights ongoing debates over federal versus individual rights in public health emergencies, likely appealing to those opposing mandates while drawing criticism from public health advocates concerned about disease control. As an introduced bill in the 119th Congress (2025), its passage would depend on committee reviews and partisan dynamics.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Cosponsors (3)

Rep. Cloud, Michael [R-TX-27], Rep. Gosar, Paul A. [R-AZ-9], Rep. Letlow, Julia [R-LA-5]

Recent Actions

• 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and Workforce, Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and Workforce, Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and Workforce, Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-03: Referred to the Committee on Oversight and Government Reform, and in addition to the Committees on Education and Workforce, Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-03: Introduced in House
• 2025-01-03: Introduced in House

Bill Versions

• Freedom from Mandates Act — issued 2025-01-03 — PDF (3 pages)