Us Congress 2023-2024 Regular Session

Us Congress House Bill HB881

Introduced
2/8/23  

Caption

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

Impact

If enacted, HB 881 would influence federal regulations concerning military personnel and those enrolled in federal service academies. The bill mandates that individuals who were involuntarily discharged due to vaccination refusal must be reinstated and granted honorable discharge classifications retroactively. This could set a precedent regarding personnel management within the military, emphasizing the safeguarding of individual rights against mandatory health measures.

Summary

House Bill 881, titled the 'Safeguarding the U.S. Armed Forces and Service Academies Act', addresses the treatment of service members and cadets who decline to receive COVID-19 vaccinations. The bill establishes clear prohibitions against using federal funds to mandate vaccinations for these individuals, thus preventing any adverse actions based solely on their refusal to vaccinate. This legislative move aims to protect the rights of armed forces members and cadets while recognizing their autonomy in health-related decisions.

Contention

The bill's introduction comes at a time of considerable debate around COVID-19 vaccination mandates, particularly in military contexts. Proponents argue that the legislation is necessary for upholding individual freedoms, while opponents may raise concerns about potential impacts on military readiness and public health. The bill's provisions for reinstatement and back pay may also contribute to discussions around military personnel management and the consequences of health-related policy decisions.

Companion Bills

No companion bills found.

Previously Filed As

US HB434

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.

US HB3015

Safeguarding Our Forces Abroad Act SOFA Act

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 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 HB1372

American Patriots of WWII through Service with the Canadian and British Armed Forces Gold Medal Act of 2023

US SB2006

Safeguarding Tunisian Democracy Act of 2023

US HB1801

SAFEGUARD Act of 2023 Safeguarding Human Rights in Arms Exports Act of 2023

US HB828

TROOP Act Troop Return Of Overdue Payment Act

US HB5415

Safeguarding Endangered Children, Unaccompanied and at Risk of Exploitation Act of 2023

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.

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