Sponsors (15)
Introduced January 16, 2025 by Rafael Edward Cruz · Last progress January 16, 2025
The bill restores pay, benefits, records, and career opportunities for service members separated for refusing a COVID vaccine but restricts the Defense Department's ability to reimpose vaccine mandates, trading individual restitution and reduced stigma for reduced public‑health flexibility and added fiscal costs.
Covered service members discharged solely for refusing a COVID‑19 vaccine can be reinstated or have their discharge upgraded to honorable, restoring VA benefits, retirement credit, and improving employment prospects.
Reinstated members receive back pay, restored grade, credit toward retired/retainer pay, and former members who repaid enlistment/retention bonuses will be reimbursed (with future repayment obligations cancelled), reducing the financial harm of separations.
Members subject to non‑separation adverse actions for vaccine refusal will have records expunged and be given equal access to professional development and promotion consideration, improving career prospects and reducing stigma.
The bill prohibits the Defense Secretary from reimposing COVID‑19 vaccine mandates without new Congressional authorization, reducing the Department of Defense's ability to quickly mandate vaccination to protect force readiness.
By limiting vaccine requirements and narrowing when orders can be issued, the bill could complicate force health protection during future outbreaks and increase disease risk among service members.
Restoration, back‑pay, grade restoration, and bonus reimbursements create direct fiscal costs for the Department of Defense and taxpayers.
Based on analysis of 2 sections of legislative text.
Bars DoD from issuing a new COVID‑19 vaccine mandate without Congress and requires record corrections, reinstatement, pay/benefit restoration, expungement, and reimbursements for members separated or penalized solely for refusing vaccination.
Prohibits the Secretary of Defense from imposing any new COVID-19 vaccine mandate to replace the rescinded FY2023 mandate without an Act of Congress, and creates a set of corrections and remedies for service members who were separated or subject to adverse actions solely for refusing a COVID-19 vaccine. Members covered by the change can apply to have separations converted to honorable discharges, be reinstated to their highest pre‑separation grade with retroactive pay and restored benefits, have adverse records expunged, receive credit toward retirement for involuntary separation time, and be reimbursed for any enlistment/retention bonus repayments tied to those separations. The measure also bars adverse actions based solely on COVID‑19 vaccine refusal going forward, requires non‑discriminatory retention and personnel processes for unvaccinated covered members, limits the use of vaccination status in assignment/deployment decisions except when foreign law requires vaccination, and requires an exemption process for natural immunity, qualifying health conditions, or sincerely held religious beliefs. Remedies apply even if the member did not seek an accommodation before separation or action.