Library / Laws / 117th / hr / H.R. 7570 / Introduced in House
I
117th CONGRESS
2d Session
H. R. 7570
IN THE HOUSE OF REPRESENTATIVES
April 25, 2022Mr. 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.
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.