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

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 Public Law 117–263 shall be— 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 (A) an Armed Force; or (B) a Federal service academy. (2) The term Federal service academy (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.

Summary: Safeguarding the U.S. Armed Forces and Service Academies Act 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. 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 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; expunge from the individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination; and include the period between the involuntary separation and reinstatement in the computation of retired or retainer pay of the individual. Such individuals must be entitled to back pay for the period between the separation and the reinstatement. 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.