August 6, 2021: III HTTPS://WWW - Law.cornell - Edu/uscode/text/42/chapter-6a
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ABC15 NewsAugust 6, 2021: III HTTPS://WWW - Law.cornell - Edu/uscode/text/42/chapter-6a
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ABC15 NewsAugust 6, 2021
The Honorable Lloyd J. Austin III
Secretary of Defense
1400 Defense Pentagon
Washington, DC 20301-1400
Dear Secretary Austin:
It is being widely reported that you are planning to mandate COVID-19 vaccines for all active-duty troops in
the United States Armed Forces.
The law of the United States is clear: Mandatory vaccination is illegal for military personnel prior to
complete approval (Doe v. Rumsfeld, 341 F. Supp. 2d 1 (D.D.C. 2004). This has not occurred and could be
another several months away. Furthermore, other statutes address this: In the wake of the Tuskegee study
scandal, the National Research Act of 1974 (42 U.S.C., Ch. 6A) enacted specific stipulations of consent to
conduct research.
As long as the vaccine is authorized under an Emergency Use Authorization, the Department of Defense
does not have the authority to implement such an order. Servicemembers who do not wish to receive the
vaccine cannot be required until the approval process is completed. Any action to require it is illegal. The
Secretary of Defense is not above the law. The courts concurred.
To be clear, we believe COVID-19 vaccines are not only a testament to American ingenuity, but are also safe
and effective. We commend the men and women of the Department of Defense for their tireless efforts in
spearheading Operation Warp Speed and developing this vaccine in record time and under immense
pressure.
Despite that, it is clear that the mandate that you are considering is an unprecedented violation of federal
law. We urge you to reconsider and would welcome the opportunity to discuss this with you. Thank you for
your service to our Nation.
Sincerely,
Mark E. Green, MD Stephanie Bice Jack Bergman
Member of Congress Member of Congress Member of Congress
_________________________________________________________________________________
i https://casetext.com/case/doe-v-rumsfeld
ii https://www.voanews.com/covid-19-pandemic/pentagon-wont-force-us-troops-take-covid-19-vaccine
iii https://www.law.cornell.edu/uscode/text/42/chapter-6A
Warren Davidson Barry Moore Jim Baird
Member of Congress Member of Congress Member of Congress
Marianette Miller-Meeks, MD Scott DesJarlais, MD Buddy Carter
Member of Congress Member of Congress Member of Congress
Michael Burgess, MD Claudia Tenney Brian Babin, DDS
Member of Congress Member of Congress Member of Congress
Greg Murphy, MD Randy Weber Dan Bishop
Member of Congress Member of Congress Member of Congress
Michael Guest
Member of Congress
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