What This Bill Does
This bill changes federal law so that military members who received a general discharge under honorable conditions (a type of discharge given with respect) only because they refused a COVID-19 vaccine order can receive certain educational benefits. The bill makes these service members eligible for two specific education assistance programs run by the Secretary of Veterans Affairs.
Who It Affects
Members of the Armed Forces who received a general discharge under honorable conditions solely because they failed to obey an order to receive a COVID-19 vaccine. The Secretary of Veterans Affairs is affected because they administer the educational assistance programs involved.
Key Provisions
- Military members discharged under honorable conditions only for refusing a COVID-19 vaccine order become eligible for all-volunteer force educational assistance (Sec. 2(a))
- Military members discharged under honorable conditions only for refusing a COVID-19 vaccine order become eligible for post-9/11 educational assistance (Sec. 2(b))
- A loan fee deadline changes from January 14, 2031 to March 1, 2031 (Sec. 2(c))
What Changes
Two veteran education benefit programs will now include a new category of eligible discharge type: a general discharge under honorable conditions given solely because someone refused a lawful order to receive a COVID-19 vaccine. The deadline for certain loan fees extends from January 14, 2031 to March 1, 2031.
Important Definitions
General discharge under honorable conditions: a type of military discharge indicating mostly satisfactory service. Lawful order: a command a service member is required to follow.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 291
To amend title 38, United States Code, to ensure that a member of the
Armed Forces, granted a general discharge under honorable conditions
on the sole basis that such member failed to obey a lawful order to
receive a vaccine for COVID–19, is eligible for certain educational assist-
ance administered by the Secretary of Veterans Affairs.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 11, 2023
Mr. FITZGERALD (for himself, Mr. BOST, Mr. POSEY, Mr. CRENSHAW, Mr.
HUIZENGA, Mr. BAIRD, Mrs. MILLER-MEEKS, Mr. JACKSON of Texas,
Mr. HUNT, Mr. MOORE of Alabama, Mr. MAST, and Mr. GAETZ) intro-
duced the following bill; which was referred to the Committee on Vet-
erans’ Affairs
A BILL
To amend title 38, United States Code, to ensure that a
member of the Armed Forces, granted a general dis-
charge under honorable conditions on the sole basis that
such member failed to obey a lawful order to receive
a vaccine for COVID–19, is eligible for certain edu-
cational assistance administered by the Secretary of Vet-
erans Affairs.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H291.IH
H291
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 291 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Vaccine Discharge
2
Parity Act’’.
3
SEC. 2. CERTAIN EDUCATIONAL ASSISTANCE FOR A MEM-
4
BER OF THE ARMED FORCES GRANTED A
5
GENERAL DISCHARGE UNDER HONORABLE
6
CONDITIONS ON THE SOLE BASIS THAT SUCH
7
MEMBER FAILED TO OBEY A LAWFUL ORDER
8
TO RECEIVE A VACCINE FOR COVID–19.
9
(a) ALL-VOLUNTEER FORCE EDUCATIONAL ASSIST-
10
ANCE.—Section 3011(a)(3)(B) of title 38, United States
11
Code, is amended—
12
(1) by striking ‘‘an honorable discharge;’’ and
13
inserting an em dash; and
14
(2) by inserting at the end the following new
15
clauses:
16
‘‘(i) an honorable discharge; or
17
‘‘(ii) a general discharge under honor-
18
able conditions on the sole basis that the
19
individual failed to obey a lawful order to
20
receive a vaccine for COVID–19;’’.
21
(b) POST-9/11 EDUCATIONAL ASSISTANCE.—Section
22
3311(c) of such title is amended by adding at the end the
23
following new paragraph:
24
‘‘(5) A general discharge under honorable con-
25
ditions on the sole basis that the individual failed to
26
VerDate Sep 11 2014
23:57 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H291.IH
H291
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 291 IH
obey a lawful order to receive a vaccine for COVID–
1
19.’’.
2
(c) LOAN FEES.—The loan fee table in section
3
3729(b)(2) of title 38, United States Code, is amended
4
by striking ‘‘January 14, 2031’’ each place it appears and
5
inserting ‘‘March 1, 2031’’.
6
Æ
VerDate Sep 11 2014
22:16 Jan 23, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H291.IH
H291
pbinns on DSKJLVW7X2PROD with $$_JOB