If enacted, HB828 would significantly alter the status of military discharge protocols related to vaccination mandates. This proposal would require the Secretary of the concerned military branch to reinstate individuals who request it, thereby potentially increasing the ranks of active military personnel. Additionally, it would incorporate the time spent separated from service into the computation of retirement benefits, influencing long-term fiscal considerations for the military's compensation structure.
Summary
House Bill 828, also known as the Troop Return Of Overdue Payment Act (TROOP Act), aims to direct the reinstatement of military personnel who were involuntarily separated from the armed forces solely due to their refusal to receive a COVID-19 vaccination. This legislation seeks to address the grievances of affected service members by ensuring that they can return to their previous military roles and receive any back pay that they are entitled to for the duration of their separation. The act thus emphasizes support for service members who made personal health choices amid the pandemic.
Contention
The introduction of the TROOP Act has sparked discussions surrounding military authority, public health policy, and individual rights. Proponents argue that the bill provides justice to service members whose careers were unjustly impacted by health mandates, thereby reinforcing the principle of personal choice. Conversely, critics of the bill assert that it undermines public health efforts, especially the importance of vaccination within military ranks, which can affect operational readiness and the health of service personnel.
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.
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.
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.