Safeguarding the U.S. Armed Forces and Service Academies Act

Subjects: Armed Forces and National Security

Summary:  <p><b>Safeguarding the U.S. Armed Forces and Service Academies Act</b></p> <p>This bill prohibits the use of federal funds to enforce or establish a mandate requiring a member of the Armed Forces, or a cadet or midshipman at a federal service academy, to receive a COVID-19 vaccination. Additionally, no such individuals may be subject to adverse action solely on the basis of a refusal to receive a COVID-19 vaccination.</p> <p>At the request of an individual who was involuntarily separated from an Armed Force or federal service academy solely because of a refusal to receive a COVID-19 vaccination, the military department concerned must</p> <ul> <li>reinstate the individual as a member of the Armed Force in the same rank and grade the individual held at the time of separation, or reinstate the individual as a cadet or midshipman with the credits the individual had completed at the time of separation;</li> <li>expunge from the individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination; and</li> <li>include the period between the involuntary separation and reinstatement in the computation of retired or retainer pay of the individual.</li> </ul> <p>Such individuals must be entitled to back pay for the period between the separation and the reinstatement.</p> <p>The bill requires that the discharge of members due to the failure to obey a lawful order to receive a COVID-19 vaccination must be categorized as an honorable discharge, including for individuals who were discharged prior to the enactment of this bill.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 881 Introduced in House (IH)]

&lt;DOC&gt;






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.

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

SECTION 1. SHORT TITLE.

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

SEC. 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.
                                 &lt;all&gt;
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