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 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safeguarding the U.S. 

5 Armed Forces and Service Academies Act’’. 


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1 SEC. 2. CERTAIN PROTECTIONS FOR A MEMBER OF THE 

2 ARMED FORCES, OR A CADET OR MID3 SHIPMAN AT A FEDERAL SERVICE ACADEMY, 

4 WHO REFUSES TO RECEIVE A VACCINATION 

5 AGAINST COVID–19. 

6 (a) PROHIBITIONS.— 

7 (1) VACCINE MANDATES.—No Federal funds 

8 may be used— 

9 (A) to enforce a mandate, in effect on the 

10 date of the enactment of this Act, that a mem11 ber of the Armed Forces, or a cadet or mid12 shipman at a Federal service academy, receive 

13 a vaccination against COVID–19; or 

14 (B) to establish or enforce, on or after the 

15 effective date of this Act, a mandate that a 

16 member of the Armed Forces, or a cadet or 

17 midshipman at a Federal service academy, re18 ceive a vaccination against COVID–19. 

19 (2) ADVERSE ACTION.—No member of the 

20 Armed Forces, or cadet or midshipman at a Federal 

21 service academy, may be subject to adverse action 

22 solely on the basis of the refusal of such member, 

23 cadet, or midshipman to receive a vaccination 

24 against COVID–19. 

25 (b) REINSTATEMENT.—At the request of a covered 

26 individual, the Secretary concerned shall— 


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1 (1) reinstate the covered individual— 

2 (A) as a member of the Armed Force con3 cerned, in the same rank and grade the covered 

4 individual held at the time of separation from 

5 the Armed Force concerned; or 

6 (B) as a cadet or midshipman at the Fed7 eral service academy concerned, with the credits 

8 the covered individual had completed at the 

9 time of separation from such Federal service 

10 academy; 

11 (2) expunge from the service record of the cov12 ered individual any reference to adverse action 

13 against the covered individual solely on the basis of 

14 the refusal of the covered individual to receive a vac15 cination against COVID–19; and 

16 (3) include, in the computation of the retired or 

17 retainer pay of such covered individual, the period 

18 between the involuntary separation and the rein19 statement of the covered individual. 

20 (c) BACK PAY.—A covered individual who was invol21 untarily discharged from an Armed Force and who makes 

22 a request under subsection (b) shall be entitled to back 

23 pay for the period between such separation and reinstate24 ment of the covered individual. 


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1 (d) MANDATORY CHARACTERIZATION OF DIS2 CHARGE.— 

3 (1) PROSPECTIVE CHARACTERIZATIONS.—Sub4 section (a) of section 736 of the National Defense 

5 Authorization Act for Fiscal Year 2022 (Public Law 

6 117–81; 10 U.S.C. 1161 note), as amended by sec7 tion 525 of the James M. Inhofe National Defense 

8 Authorization Act for Fiscal Year 2023 (Public Law 

9 117–263), is further amended by striking ‘‘shall 

10 be—’’ and all that follows and inserting ‘‘shall be an 

11 honorable discharge’’. 

12 (2) RETROACTIVE CHARACTERIZATIONS.—The 

13 Secretary concerned shall ensure that the character14 ization of the discharge of a covered individual from 

15 an Armed Force that occurred before the date of the 

16 enactment of this Act is characterized as honorable. 

17 (e) PERSONNEL SHORTAGE.—The Secretary con18 cerned shall take such steps that the Secretary determines 

19 necessary to remedy any personnel shortage arising from 

20 the mandate that a member of the Armed Forces, or a 

21 cadet or midshipman at a Federal service academy, receive 

22 a vaccination against COVID–19. 

23 (f) DEFINITIONS.—In this section: 

24 (1) The term ‘‘covered individual’’ means an in25 dividual who was involuntarily separated, solely on 


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1 the basis of the refusal of such individual to receive 

2 a vaccination against COVID–19, from— 

3 (A) an Armed Force; or 

4 (B) a Federal service academy. 

5 (2) The term ‘‘Federal service academy’’ means 

6 the following: 

7 (A) The United States Military Academy. 

8 (B) The United States Naval Academy. 

9 (C) The United States Air Force Academy. 

10 (D) The United States Coast Guard Acad11 emy. 

12 (E) The United States Merchant Marine 

13 Academy. 

14 (3) The term ‘‘Secretary concerned’’— 

15 (A) with regards to an Armed Force, has 

16 the meaning given such term in section 101 of 

17 title 10, United States Code; and 

18 (B) with regards to the United States Mer19 chant Marine Academy, means the Secretary of 

20 Transportation. 

Æ 


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