Us Congress 2023-2024 Regular Session

Us Congress House Bill HB434

Introduced
1/20/23  

Caption

Service Restoration Act This bill prohibits the use of federal funds to require a member of the Armed Forces, or a cadet or midshipman at a military 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 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, 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. 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.

Impact

If enacted, this legislation could fundamentally alter how the military handles vaccination mandates, specifically for COVID-19, by providing legal protections and reinstatement rights to affected individuals. It emphasizes a strong stance against mandatory vaccinations by the military establishment, reflecting an ongoing national debate on personal health choices and government authority. Proponents argue that this bill supports individual rights within the military context, ensuring that no member or cadet is unfairly penalized for exercising personal medical choices.

Summary

House Bill 434, known as the 'Service Restoration Act', is a legislative proposal aimed at establishing protections for members of the Armed Forces, as well as cadets and midshipmen at military service academies, regarding COVID-19 vaccination mandates. The bill prohibits the use of federal funds to enforce vaccination requirements and protects individuals from adverse actions solely based on their refusal to be vaccinated. This includes preventing involuntary separations, demotions, and other forms of discipline as a result of a member's vaccination status. The bill also mandates reinstatement for individuals who were separated for these reasons, guaranteeing their rank and benefits are preserved.

Contention

Opposition to HB 434 may emerge from concerns about military readiness and public health, particularly regarding the implications of allowing members to refuse vaccinations. Critics may argue that such a bill could potentially undermine efforts to promote public health within the military, which has historically prioritized collective health standards to ensure operational effectiveness. Additionally, discussions might arise regarding the potential precedent it sets for other vaccine mandates in the military, further complicating the balance between individual rights and collective responsibility.

Companion Bills

No companion bills found.

Previously Filed As

US HB297

This bill requires the military departments to reinstate individuals (upon their request) who were involuntarily separated from the Armed Forces solely based on their refusal to receive a COVID-19 vaccination. Such individuals must be reinstated in the grade they held prior to the separation.

US HB403

No Mandates Act This bill prohibits federal agencies and certain entities that receive federal funding from requiring COVID-19 vaccinations. Specifically, federal agencies may not issue rules, regulations, or guidance that require an individual to receive a COVID-19 vaccination. The bill also prohibits requiring a COVID-19 vaccination to access federal property and services or congressional grounds and services. Additionally, an entity that received federal COVID-19 relief funds or receives other federal funds after this bill's enactment may not require a COVID-19 vaccination as a condition of providing any service to an individual.

US HB271

Restoring Normalcy in America Act This bill provides civil rights and employment protections for individuals based on their refusal to receive a COVID-19 vaccine and addresses other matters concerning the COVID-19 pandemic. Specifically, the bill prohibits discrimination in places of public accommodation and in federally assisted programs based on an individual's COVID-19 vaccine refusal. In addition, the bill prohibits employers from discriminating against such individuals, including discrimination related to hiring, compensation, advancement, or other employment opportunities. Further, the bill makes it unlawful for an employer to fail to offer any employee who was discharged for a COVID-19 vaccine refusal a position at an equal level and rate of pay to the position the employee held prior to discharge. In particular, the bill provides for the reinstatement of any member of the Armed Forces or federal employee who was involuntarily separated because of a COVID-19 vaccine refusal at the request of an affected individual. Any adverse action related to a COVID-19 vaccine refusal must be removed from an affected individual's military record or personnel file. Additionally, the bill (1) terminates the authority of the Food and Drug Administration to authorize under emergency procedures any drugs, biological products, or devices to prevent or treat COVID-19; and (2) requires the Department of Health and Human Services to study the effectiveness of COVID-19 vaccines and treatments, preparedness for future pandemics, and related matters. The Government Accountability Office must also audit certain federal funding for COVID-19 activities and programs.

US HB453

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate. Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason. Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions. This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

US SB117

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025 or the AMERICANS ActThis bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate.Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason.DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers.Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions.Members who were separated from the Armed Forces for refusing to receive a COVID-19 vaccine are not required to repay any bonuses and must be reimbursed if they repaid any portion of a bonus prior to this bill's enactment.This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

US SB29

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate. Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason. Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions. This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

US HB74

This bill prohibits the use of federal funds to implement or enforce mandates that require individuals to wear face coverings or receive vaccinations to prevent the spread of COVID-19 (i.e., coronavirus disease 2019). The bill provides for an exception that applies in health care settings.

US HB118

No Vaccine Passports Act This bill prohibits certain actions related to vaccine passports and proof of COVID-19 vaccination. Specifically, a federal agency may not issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying the COVID-19 vaccination status of a U.S. citizen to a third party, or otherwise publish or share any COVID-19 vaccination record of a U.S. citizen or similar health information. Additionally, proof of COVID-19 vaccination shall not be required to access federal or congressional property or services.

US HB72

This bill prohibits the use of federal funds to maintain a database or collect information that can be used to identify an individual's COVID-19 (i.e., coronavirus disease 2019) vaccination status.

US HB291

Vaccine Discharge Parity Act This bill ensures that members of the Armed Forces who were granted a general discharge under honorable conditions (on the sole basis that the members failed to obey a lawful order to receive a vaccine for COVID-19) are eligible for Department of Veterans Affairs (VA) educational assistance under the Montgomery GI Bill-Active Duty and Post-9/11 GI Bill programs. The bill also extends certain loan fee rates through March 1, 2031, under the VA's home loan program.

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