ALABAMA, USA — Vaccine mandates are a big part of the conversation around COVID right now. Some businesses are mandating vaccines for employees...some states are telling them they can't require vaccines.
But what about the federal government. Are there any vaccines the federal government currently mandates for the general public?
The Question:
Does the federal government require you to have certain vaccines?
The Sources:
- Centers for Disease Control and Prevention (CDC)
- Department of Defense (DoD)
- Whitehouse.gov
- Kaiser Family Foundation
- Health.mil, the official website of the Military Health System
- State of Alabama
What we found out:
As of August 1, 2021, the U.S. government does not mandate any vaccines for the general public. Even the recent COVID requirements for federal workers* do not constitute a mandate because there are provisions for those who choose not to get vaccinated, regardless of the reason.
From President Biden:
"Every federal government employee will be asked to attest to their vaccination status. Anyone who does not attest or is not vaccinated will be required to mask no matter where they work; test one or two times a week to see if they have a — they have acquired COVID; socially distance; and generally will not be allowed to travel for work."
A memo from the Department of Defense says the same thing:
The Department of Defense is moving quickly to meet President Biden’s commitment to defeat COVID-19, and that includes being able to ensure every member of our civilian and military workforce is protected.
“In accordance with the guidance the President issued today, all military and civilian DoD personnel will be asked to attest to their vaccination status. Personnel unable or unwilling to do that will be required to wear a mask, physically distance, comply with a regular testing requirement and be subject to official travel restrictions."
*Military personnel fall under a slightly different set of rules. Depending on where and when a person is serving, vaccines may be required. As of August 1, 2021, COVID vaccination is not required, although it is strongly recommended, and military personnel fall under the rules set by the Department of Defense.
*Certain other government workers may fall under different rules as well. Veterans Administrations medical employees, including VHA facilities staff, are required to get a COVID vaccine.
The answer:
No, the federal government does not currently mandate any vaccines for the general public, but certain government workers, including military personnel, may have different rules.
What about state requirements?
States are allowed to require vaccines, although many states have exemptions for medical, religious, or philosophical reasons. According to the non-profit, non-partisan Kaiser Family Foundation:
- The federal government’s authority to institute a general vaccine mandate is unclear, and has not yet been tested in the courts, though it is likely limited at best.
- States’ authority to mandate vaccines to protect public health is well-established. Currently, all states require vaccines for school attendance, while state vaccine requirements for health care workers vary. More generally, though, states do not use mandates for adult vaccination and have thus far said they are not mandating COVID-19 vaccination (as of August 1, 2021).
Some states, including Alabama, have formalized rules that do not allow the COVID vaccine to be required, although other vaccines may still be required In Alabama:
Act 2021-493, signed into law on May 24, 2021
Section 1.
(a) A state or local government entity, or any of its officers or agents, may not issue vaccine or immunization passports, vaccine or immunization passes, or any other standardized documentation for the purpose of certifying the immunization status of an individual, or otherwise require the publication or sharing of immunization records or similar health information for an individual, except as otherwise required by Chapter 30 of Title 16, Code of Alabama 1975, or other applicable state law.
(b) A state or local government entity or agency, or any of its officers or agents, may not require an individual to receive an immunization or present documentation of an immunization as a condition for receiving any government service or for entry into a government building, except as otherwise required by Chapter 30 of Title 16, Code of Alabama 1975, or other applicable state law.
(c) Institutions of education may continue to require a student to prove vaccination status as a condition of attendance only for the specific vaccines that were already required by the institution as of January 1, 2021, provided that the institutions give an exemption for students with a medical condition or religious belief that is contrary to vaccination.
(d) An entity or individual doing business in this state may not refuse to provide any goods or services, or refuse to allow admission, to a customer based on the customer's immunization status or lack of documentation that the customer has received an immunization.
Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.
