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H.R. 881: Safeguarding the U.S. Armed Forces and Service Academies Act

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The text of the bill below is as of Feb 8, 2023 (Introduced).

I

118th CONGRESS

1st Session

H. R. 881

IN THE HOUSE OF REPRESENTATIVES

February 8, 2023

introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Transportation 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.

1.

Short title

This Act may be cited as the Safeguarding the U.S. Armed Forces and Service Academies Act.

2.

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

(a)

Prohibitions

(1)

Vaccine mandates

No Federal funds may be used—

(A)

to enforce a mandate, in effect on the date of the enactment of this Act, that a member of the Armed Forces, or a cadet or midshipman at a Federal service academy, receive a vaccination against COVID–19; or

(B)

to establish or enforce, on or after the effective date of this Act, a mandate that a member of the Armed Forces, or a cadet or midshipman at a Federal service academy, receive a vaccination against COVID–19.

(2)

Adverse action

No member of the Armed Forces, or cadet or midshipman at a Federal service academy, may be subject to adverse action solely on the basis of the refusal of such member, cadet, or midshipman to receive a vaccination against COVID–19.

(b)

Reinstatement

At the request of a covered individual, the Secretary concerned shall—

(1)

reinstate the covered individual—

(A)

as a member of the Armed Force concerned, in the same rank and grade the covered individual held at the time of separation from the Armed Force concerned; or

(B)

as a cadet or midshipman at the Federal service academy concerned, with the credits the covered individual had completed at the time of separation from such Federal service academy;

(2)

expunge from the service record of the covered individual any reference to adverse action against the covered individual solely on the basis of the refusal of the covered individual to receive a vaccination against COVID–19; and

(3)

include, in the computation of the retired or retainer pay of such covered individual, the period between the involuntary separation and the reinstatement of the covered individual.

(c)

Back pay

A covered individual who was involuntarily discharged from an Armed Force and who makes a request under subsection (b) shall be entitled to back pay for the period between such separation and reinstatement of the covered individual.

(d)

Mandatory characterization of discharge

(1)

Prospective characterizations

Subsection (a) of section 736 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1161 note), as amended by section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117–263), is further amended by striking shall be— and all that follows and inserting shall be an honorable discharge.

(2)

Retroactive characterizations

The Secretary concerned shall ensure that the characterization of the discharge of a covered individual from an Armed Force that occurred before the date of the enactment of this Act is characterized as honorable.

(e)

Personnel shortage

The Secretary concerned shall take such steps that the Secretary determines necessary to remedy any personnel shortage arising from the mandate that a member of the Armed Forces, or a cadet or midshipman at a Federal service academy, receive a vaccination against COVID–19.

(f)

Definitions

In this section:

(1)

The term covered individual means an individual who was involuntarily separated, solely on the basis of the refusal of such individual to receive a vaccination against COVID–19, from—

(A)

an Armed Force; or

(B)

a Federal service academy.

(2)

The term Federal service academy means the following:

(A)

The United States Military Academy.

(B)

The United States Naval Academy.

(C)

The United States Air Force Academy.

(D)

The United States Coast Guard Academy.

(E)

The United States Merchant Marine Academy.

(3)

The term Secretary concerned—

(A)

with regards to an Armed Force, has the meaning given such term in section 101 of title 10, United States Code; and

(B)

with regards to the United States Merchant Marine Academy, means the Secretary of Transportation.