What This Bill Does
This bill prevents the federal government from using money to enforce COVID-19 vaccination requirements for military members, cadets and midshipmen at military service academies. It also protects these individuals from being punished solely because they refused the COVID-19 vaccine and allows those who were separated from service to request reinstatement.
Who It Affects
- Members of the Armed Forces
- Cadets and midshipmen at Federal service academies (Army, Navy, Air Force, Coast Guard and Merchant Marine)
- Military department secretaries who oversee these individuals
- The Secretary of Transportation (regarding the Merchant Marine Academy)
Key Provisions
- Federal funds cannot be used to enforce any existing COVID-19 vaccine mandate or create new vaccine mandates for military members and service academy students (Sec. 2(a)(1))
- Military members and service academy students cannot face punishment based solely on refusing the COVID-19 vaccine (Sec. 2(a)(2))
- People separated from service solely for refusing the vaccine can request reinstatement to their former rank, grade or academy status with all completed credits restored (Sec. 2(b)(1))
- Separated individuals can request that all records of vaccine-related punishment be removed from their service files (Sec. 2(b)(2))
- People discharged for refusing the vaccine are entitled to back pay covering the time between their discharge and reinstatement (Sec. 2(c))
- All discharges of people separated solely for refusing the vaccine must be classified as honorable discharges, whether they happened before or after this law takes effect (Sec. 2(d))
What Changes
If this bill becomes law, the military cannot punish service members or academy students for refusing the COVID-19 vaccine. People who were previously separated from service solely for this reason can request to return to their former position with the same rank or academic standing they had when they left. Their service records would be cleared of vaccine-related discipline. They would receive back pay for the months or years they were separated. All discharge paperwork for these individuals would show an honorable discharge rather than any other type.
Important Definitions
- "Covered individual": A person who was involuntarily separated from an Armed Force or Federal service academy solely because they refused to receive a COVID-19 vaccine
- "Federal service academy": The United States Military Academy, United States Naval Academy, United States Air Force Academy, United States Coast Guard Academy, or United States Merchant Marine Academy
- "Secretary concerned": For Armed Forces, the official responsible for that military branch; for the Merchant Marine Academy, the Secretary of Transportation
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 881
To establish certain protections for a member of the Armed Forces, or
a cadet or midshipman at a Federal service academy, who refuses to
receive a vaccination against COVID–19.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 8, 2023
Mr. STEUBE introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committee on Trans-
portation and Infrastructure, 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
A BILL
To establish certain protections for a member of the Armed
Forces, or a cadet or midshipman at a Federal service
academy, who refuses 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 ‘‘Safeguarding the U.S.
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Armed Forces and Service Academies Act’’.
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•HR 881 IH
SEC. 2. CERTAIN PROTECTIONS FOR A MEMBER OF THE
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ARMED FORCES, OR A CADET OR MID-
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SHIPMAN AT A FEDERAL SERVICE ACADEMY,
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WHO REFUSES TO RECEIVE A VACCINATION
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AGAINST COVID–19.
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(a) PROHIBITIONS.—
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(1) VACCINE
MANDATES.—No Federal funds
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may be used—
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(A) to enforce a mandate, in effect on the
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date of the enactment of this Act, that a mem-
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ber of the Armed Forces, or a cadet or mid-
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shipman at a Federal service academy, receive
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a vaccination against COVID–19; or
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(B) to establish or enforce, on or after the
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effective date of this Act, a mandate that a
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member of the Armed Forces, or a cadet or
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midshipman at a Federal service academy, re-
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ceive a vaccination against COVID–19.
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(2) ADVERSE
ACTION.—No member of the
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Armed Forces, or cadet or midshipman at a Federal
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service academy, may be subject to adverse action
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solely on the basis of the refusal of such member,
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cadet, or midshipman to receive a vaccination
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against COVID–19.
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(b) REINSTATEMENT.—At the request of a covered
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individual, the Secretary concerned shall—
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•HR 881 IH
(1) reinstate the covered individual—
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(A) as a member of the Armed Force con-
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cerned, in the same rank and grade the covered
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individual held at the time of separation from
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the Armed Force concerned; or
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(B) as a cadet or midshipman at the Fed-
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eral service academy concerned, with the credits
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the covered individual had completed at the
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time of separation from such Federal service
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academy;
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(2) expunge from the service record of the cov-
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ered individual any reference to adverse action
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against the covered individual solely on the basis of
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the refusal of the covered individual to receive a vac-
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cination against COVID–19; and
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(3) 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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(c) 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 (b) 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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•HR 881 IH
(d)
MANDATORY
CHARACTERIZATION
OF
DIS-
1
CHARGE.—
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(1) PROSPECTIVE CHARACTERIZATIONS.—Sub-
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section (a) of section 736 of the National Defense
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Authorization Act for Fiscal Year 2022 (Public Law
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117–81; 10 U.S.C. 1161 note), as amended by sec-
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tion 525 of the James M. Inhofe National Defense
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Authorization Act for Fiscal Year 2023 (Public Law
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117–263), is further amended by striking ‘‘shall
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be—’’ and all that follows and inserting ‘‘shall be an
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honorable discharge’’.
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(2) RETROACTIVE
CHARACTERIZATIONS.—The
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Secretary concerned shall ensure that the character-
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ization of the discharge of a covered individual from
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an Armed Force that occurred before the date of the
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enactment of this Act is characterized as honorable.
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(e) PERSONNEL SHORTAGE.—The Secretary con-
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cerned shall take such steps that the Secretary determines
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necessary to remedy any personnel shortage arising from
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the mandate that a member of the Armed Forces, or a
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cadet or midshipman at a Federal service academy, receive
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a vaccination against COVID–19.
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(f) 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, solely on
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•HR 881 IH
the basis of the refusal of such individual to receive
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a vaccination against COVID–19, from—
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(A) an Armed Force; or
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(B) a Federal service academy.
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(2) The term ‘‘Federal service academy’’ means
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the following:
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(A) The United States Military Academy.
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(B) The United States Naval Academy.
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(C) The United States Air Force Academy.
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(D) The United States Coast Guard Acad-
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emy.
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(E) The United States Merchant Marine
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Academy.
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(3) The term ‘‘Secretary concerned’’—
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(A) with regards to an Armed Force, has
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the meaning given such term in section 101 of
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title 10, United States Code; and
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(B) with regards to the United States Mer-
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chant Marine Academy, means the Secretary of
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Transportation.
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Æ
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