Corporate Counsel

Biden Administration Executive Order on Requiring COVID-19 Vaccination

By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301, 3302, and 7301 of title 5, United States Code, it is hereby ordered as follows:

Section 1. Policy. It is the policy of my Administration to halt the spread of coronavirus disease 2019 (COVID-19), including the B.1.617.2 (Delta) variant, by relying on the best available data and science-based public health measures. The Delta variant, currently the predominant variant of the virus in the United States, is highly contagious and has led to a rapid rise in cases and hospitalizations. The nationwide public health emergency, first declared by the Secretary of Health and Human Services on January 31, 2020, remains in effect, as does the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) declared pursuant to the National Emergencies Act in Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak). The Centers for Disease Control and Prevention (CDC) within the Department of Health and Human Services has determined that the best way to slow the spread of COVID-19 and to prevent infection by the Delta variant or other variants is to be vaccinated.

COVID-19 vaccines are widely available in the United States. They protect people from getting infected and severely ill, and they significantly reduce the likelihood of hospitalization and death. As of the date of this order, one of the COVID-19 vaccines, the Pfizer-BioNTech COVID-19 Vaccine, also known as Comirnaty, has received approval from the Food and Drug Administration (FDA), and two others, the Moderna COVID-19 Vaccine and the Janssen COVID-19 Vaccine, have been authorized by the FDA for emergency use. The FDA has determined that all three vaccines meet its rigorous standards for safety, effectiveness, and manufacturing quality.

The health and safety of the Federal workforce, and the health and safety of members of the public with whom they interact, are foundational to the efficiency of the civil service. I have determined that ensuring the health and safety of the Federal workforce and the efficiency of the civil service requires immediate action to protect the Federal workforce and individuals interacting with the Federal workforce. It is essential that Federal employees take all available steps to protect themselves and avoid spreading COVID-19 to their co-workers and members of the public. The CDC has found that the best way to do so is to be vaccinated.

The Safer Federal Workforce Task Force (Task Force), established by Executive Order 13991 of January 20, 2021 (Protecting the Federal Workforce and Requiring Mask-Wearing), has issued important guidance to protect the Federal workforce and individuals interacting with the Federal workforce. Agencies have also taken important actions, including in some cases requiring COVID-19 vaccination for members of their workforce.

Accordingly, building on these actions, and in light of the public health guidance regarding the most effective and necessary defenses against COVID-19, I have determined that to promote the health and safety of the Federal workforce and the efficiency of the civil service, it is necessary to require COVID-19 vaccination for all Federal employees, subject to such exceptions as required by law.

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Biden Administration Vaccination Guidelines - September 24, 2021

WASHINGTON, Sept 24 (Reuters) - The White House said on Friday that millions of federal contractors must be vaccinated against COVID-19 by Dec. 8 and that the administration will add clauses to future government contracts mandating inoculations.
President Joe Biden signed an executive order on Sept. 9 requiring federal contractors to mandate vaccinations, but many U.S. companies with federal contracts have awaited formal guidance from the White House before moving forward.
U.S. airlines were among the industries awaiting confirmation, as they sometimes hold contracts to sell tickets to government employees. The deadline of Dec. 8 was first reported by Reuters.
Jason Miller, deputy White House Office of Management and Budget director, said on Friday in a blog post the "guidance issued today advances one of the main goals of this science-based plan: getting more people vaccinated."
Miller said the vaccination policy for contractors "will decrease worker absence, reduce labor costs, and improve the efficiency of contractors and subcontractors performing work for the Federal Government."
An administration official said it was interpreting the vaccination requirements for contractors "broadly," saying they extend beyond those who work in federal buildings.
Steve Cave, a King & Spalding attorney who specializes in government contracts, said he expects the order will impact tens of millions of U.S. workers or more.
For example, if a federal contractor goes to work at another office in their company, then the employees in that second office will also need to be vaccinated, even if they are not working on a government contract, said Cave.
"The tentacles are far reaching," Cave said. "The number touched by this will be huge. It’s probably in the upper tens of millions."
The new guidance says that contractor employees covered by the rules "must be fully vaccinated no later than December 8" and adds that after that date for future contracts employees must be vaccinated by the first day of performance on a new or extended contract.
The guidance adds that contractor employees "working on a covered contract from their residence also must comply with the vaccination requirement."
A federal official told Reuters that procurement contracts with the government in general are covered, especially for service contracts. The requirements are also expected to apply to government contracts for manufacturing specific products for the government, like defense contracts, rather than off-the-shelf products, the official said.
The HR Policy Association, representing chief human resource officers of more than 390 of the largest employers in the United States, covering 11 million American workers, said it will submit formal comments to the Biden administration "to highlight areas where greater clarity is needed."
The government said all covered contractors must be vaccinated "except in limited circumstances where an employee is legally entitled to an accommodation." Contractors must review covered employees’ documentation to prove vaccination status.
Earlier this month, the White House said most federal employees must be fully vaccinated against COVID-19 no later than Nov. 22.
Last week major defense contractor Raytheon Technologies Corp (RTX.N), the maker of Tomahawk missiles, mandated that its 125,000 U.S. employees get vaccinated.
The Labor Department separately plans to issue an emergency temporary standard requiring employers with more than 100 workers to have them inoculated or tested weekly - a policy expected to cover more than 80 million workers.
Commerce Secretary Gina Raimondo said last week that rule would be released in October.

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Corporate Counsel Symposium Update

For those who may have missed the Friday 5's:

We had all thought that holding the FDCC's Annual Corporate Counsel Symposium (CCS) and Insurance Industry Institute (I-3) in person this year would be possible. The Co-Chairs for the events - Valerie Kellner and myself (CCS) and Alison Christian and Kile Turner (I-3) - and out amazing planning committee members had drawn up agendas, secured speakers and put budgets together for the events....only to then begin receiving cancellations from speakers and members as the number of Covid infections began spiking again.

We understand the new restrictions in non-essential travel and spending among the membership, and will work on bringing these two important meetings back to in-person events in 2022 when the environment has improved.

The enhancement of a vibrant member network that is fostered by in person meetings has been one of the Federation's hallmarks - but even one of our greatest assets must take a back seat to the health and safety of our members. As a consequence, the difficult decision was made to take various programs of CCS and I-3 virtual together with CLE credits; and others will be part of the upcoming 2022 Winter and Annual Meetings.

More details as to the dates of the virtual presentations, speakers and sessions will be coming soon.

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