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.

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