House Republicans look to aid troops kicked out for refusing former Pentagon vaccine mandate

Several Pentagon policies meant to protect troops penalized under the Defense Department’s since-repealed COVID-19 vaccine mandate have made it into the House Armed Services Committee’s annual defense policy bill. 

The panel, which held its markup for the annual National Defense Authorization Act on Wednesday, adopted five separate GOP-offered amendments on how to treat service members and military academy cadets kicked out for refusing the vaccine after the mandate was put in place in August 2021. 

The first amendment, offered by Rep. Jim Banks (R-Ind.), passed 32-26. It would prohibit any adverse action for troops who did not receive the vaccine and  allow those kicked out for refusing it to be reinstated without any detriment to their career. 

“This provides a fair, equitable and honorable option for our wrongly separated service members, many who filed legitimate religious exemptions and were ignored, to return to their ranks without any detriments to their career progression, especially in a time of great need as we face the greatest recruiting crisis since the establishment of the all-volunteer force,” Banks said in introducing the provision. 

The committee’s ranking member Rep. Adam Smith (D-Wash.) pushed back, arguing that the amendment would allow service members to view military orders as optional.  

“This was the order that was made by the secretary of Defense . . . and a number of service members chose not to follow it when the consequences were made clear,” Smith said of the original mandate. “For this committee to come back afterwards and tell service members that they have the option, basically, of whether or not to obey the orders of their commanders, I think is a really dangerous precedent for the committee to set.” 

He also challenged Bank’s assertion that troops’ religious exemptions were ignored. 

“They were denied,” Smith countered. “There was a process and they went through it.” 

In addition, Smith said the Defense Department is going through a process of reinstating some service members who were separated. He said lawmakers should not intervene while this is happening.

Banks offered two more amendments that passed, including one that would require the military services’ boards of corrections to prioritize cases for troops who didn’t receive the vaccine and want to rejoin the ranks, and another that requires DOD to inform those who were separated on how to rejoin if they choose to do so. 

The panel also approved an amendment from Rep. Ronny Jackson (R-Texas), which passed 32-27, that would exempt cadets and midshipmen from repaying tuition at military service academies if they were dismissed for refusing the vaccine mandate.  

Another provision, brought forward by Rep. Matt Gaetz (R-Fla.), directs Pentagon leadership to develop a plan to present to the committee on its active reengagement and reenlistment of those who were penalized for refusing the shot.   

A sixth amendment regarding the former vaccine mandate was offered by Rep. Cory Mills (R-Fla.) but was withdrawn. 

Defense Secretary Lloyd Austin nearly two years ago issued a mandate requiring coronavirus vaccinations for all service members, including those in the National Guard and Reserve. Those who did not comply faced various levels of punishment, including loss of days individuals accrued toward retirement, loss of pay or even dismissal from the ranks. 

But the Pentagon in January formally rescinded the mandate, dropping the shot’s requirement across the military a little over a year after it was first put in place, as stipulated in the FY-2023 NDAA.  

The repeal was airdropped into the final compromise bill between the House and the Senate, though it did not touch on the subject of back pay or reinstatement for troops that were kicked out, leaving it on the table for a fight this year.  

The vaccine-related amendments join a series of others related to current culture wars, including on Pentagon policies regarding diversity and abortion, combating extremism and mitigating climate change. Conservatives are pushing to limit such programs and practices they claim distract from protecting the nation.