Title: To establish certain protections for individuals involuntarily separated from the Armed Forces solely on the basis of refusing to receive vaccinations against COVID-19.
Policy area: Armed Forces and National Security

Summary:
This bill requires the reinstatement of individuals who were discharged or dismissed from the Armed Forces solely because they refused to receive a COVID-19 vaccination. Specifically, such individuals must be reinstated, at their request, in the same rank and grade they held at the time of their separation from the Armed Forces.
The discharge or dismissal of such individuals must be characterized as honorable.
Such individuals may not be denied retired or retainer pay or any benefits through the Department of Defense or Department of Veterans Affairs solely on the basis they refused to receive a COVID-19 vaccination.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7570 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7570

    To establish certain protections for individuals involuntarily 
  separated from the Armed Forces solely on the basis of refusing to 
                 receive vaccinations against COVID-19.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2022

   Mr. Smith of New Jersey introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To establish certain protections for individuals involuntarily 
  separated from the Armed Forces solely on the basis of refusing to 
                 receive vaccinations against COVID-19.

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

SECTION 1. PROTECTIONS FOR INDIVIDUALS INVOLUNTARILY SEPARATED FROM THE 
              ARMED FORCES SOLELY ON THE BASIS OF REFUSING TO RECEIVE 
              VACCINATIONS AGAINST COVID-19.

    (a) Reinstatement.--At the request of a covered individual, the 
Secretary concerned shall reinstate the covered individual 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.
    (b) Characterization of Discharge or Dismissal.--
            (1) Prohibition of characterization other than honorable.--
        The characterization of the discharge or dismissal of a covered 
        individual shall be honorable.
            (2) Upgrade.--In the case of a covered individual 
        discharged or dismissed from the Armed Forces before the date 
        of the enactment of this Act, the Secretary concerned shall 
        ensure the characterization of such discharge or dismissal is 
        honorable.
    (c) Prohibition of Denial of Retired Pay and Benefits.--No covered 
individual may be denied, solely on the basis that such individual is a 
covered individual, any--
            (1) retired or retainer pay; or
            (2) benefit (including educational assistance) under a law 
        administered by the Secretary of Defense or the Secretary of 
        Veterans Affairs.
    (d) Definitions.--In this section:
            (1) The term ``covered individual'' means an individual 
        involuntarily separated from the Armed Forces solely on the 
        basis of the refusal of such individual to receive a 
        vaccination against COVID-19.
            (2) The term ``Secretary concerned'' has the meaning given 
        that term in section 101 of title 10, United States Code.
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