What This Bill Does
This bill directs the reinstatement of military members who were involuntarily (forced to) separated from an Armed Force solely because they refused to receive a COVID-19 vaccination. It also requires these individuals to receive back pay for the time they were separated from the military.
Who It Affects
Military members who were involuntarily separated from an Armed Force only because they refused a COVID-19 vaccination.
Key Provisions
- Military members meeting these conditions can request reinstatement to their previous rank and grade (Sec. 2(a)(1))
- The time period between separation and reinstatement counts toward retired or retainer pay (pension calculations) (Sec. 2(a)(2))
- Eligible individuals receive back pay for the period between separation and reinstatement (Sec. 2(b))
What Changes
If this becomes law, military members who were discharged solely for refusing the COVID-19 vaccine can request to be brought back into the military at their same rank they held before separation. They will also receive payment for all the time they were separated from the military.
Important Definitions
A "covered individual" is someone who was involuntarily separated from an Armed Force only because they refused to receive a COVID-19 vaccination. The "Secretary concerned" is defined in another federal law (section 101 of title 10, United States Code).
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 828
To direct the reinstatement of an individual involuntarily separated from
an Armed Force solely on the basis of refusing to receive a vaccination
against COVID–19.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2023
Mr. DUNN of Florida (for himself, Mr. JACKSON of Texas, Mr. MILLS, Mr.
EZELL, Mr. POSEY, Mr. CLOUD, Mr. C. SCOTT FRANKLIN of Florida,
Mrs. HARSHBARGER, Mr. GIMENEZ, and Mr. BUCHANAN) introduced the
following bill; which was referred to the Committee on Armed Services
A BILL
To direct the reinstatement of an individual involuntarily
separated from an Armed Force solely on the basis of
refusing to receive a vaccination against COVID–19.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Troop Return Of Over-
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due Payment Act’’ or the ‘‘TROOP Act’’.
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•HR 828 IH
SEC. 2. REINSTATEMENT AND BACK PAY FOR AN INDI-
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VIDUAL INVOLUNTARILY SEPARATED FROM
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AN ARMED FORCE SOLELY ON THE BASIS OF
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REFUSING
TO
RECEIVE
A
VACCINATION
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AGAINST COVID–19.
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(a) REINSTATEMENT.—At the request of a covered
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individual, the Secretary concerned shall—
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(1) reinstate the covered individual as a mem-
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ber of the Armed Force concerned, in the same rank
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and grade the covered individual held at the time of
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separation from the Armed Force concerned; and
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(2) include, in the computation of the retired or
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retainer pay of such covered individual, the period
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between the involuntary separation and the rein-
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statement of the covered individual.
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(b) BACK PAY.—A covered individual who was invol-
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untarily discharged from an Armed Force and who makes
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a request under subsection (a) shall be entitled to back
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pay for the period between such separation and reinstate-
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ment of the covered individual.
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(c) DEFINITIONS.—In this section:
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(1) The term ‘‘covered individual’’ means an in-
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dividual who was involuntarily separated from an
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Armed Force solely on the basis of the refusal of
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such individual to receive a vaccination against
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COVID–19.
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•HR 828 IH
(2) The term ‘‘Secretary concerned’’ has the
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meaning given such term in section 101 of title 10,
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United States Code.
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Æ
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