Guard and Reserve Gi Bill Parity Act of 2021

Floor Speech

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Mr. FITZGERALD. Mr. Speaker, it is an honor to be here today to offer this MTR.

If we adopt the motion to recommit, we will instruct the House Committee on Veterans' Affairs to consider an amendment to H.R. 1836 which ensures members of the Armed Forces granted a general discharge under honorable conditions solely for refusing the COVID-19 vaccine are eligible for the GI Bill education benefits of which the Speaker just spoke about.

Mr. Speaker, I therefore ask unanimous consent to include the text of the amendment in the Record immediately prior to the vote on the motion to recommit.

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Mr. FITZGERALD. Mr. Speaker, on August 24, 2021, the Secretary of Defense issued a directive requiring mandatory COVID-19 vaccination for all servicemembers, including those in the Ready Reserve and the National Guard. Despite the challenges this vaccine mandate currently faces in the Supreme Court, the Defense Department has proceeded to discharge those who refuse the vaccine.

Hundreds of soldiers, sailors, airmen, marines, and guardians have already been discharged, and as many as 20,000 servicemembers remain at risk over being involuntarily removed from service. It is outrageous.

To prevent those who have refused the vaccine from being dishonorably discharged, Congress included a provision in the fiscal year 2022 National Defense Authorization Act limiting discharges for failure to receive the COVID-19 vaccine to either an honorable discharge or a general discharge under honorable conditions.

This change succeeded in stopping further disciplinary action or court-martial for those who refuse the vaccine, however it potentially leaves many veterans in limbo between leaving the service with full benefits or having their education benefits stripped as they walk out the door.

As many of my veteran colleagues in this Chamber know, those servicemembers who receive a general discharge under honorable conditions are ineligible for the Montgomery and Post-9/11 GI Bill benefits due to restrictions Congress implemented in 2011.

While this change was intended to open eligibility status to members of the National Guard, there will now be a group of veterans who have served honorably up until the point of refusing COVID-19 vaccine who will now have their education benefits completely wiped out.

For those who may not know the full breadth of education benefits entitled to a veteran, let me give you just a couple of items. A veteran who was served at least 36 months on Active Duty is entitled to 100 percent of Post-9/11 GI benefits. That includes full tuition coverage for public schools, or roughly $26,000 annually for private education or apprenticeships.

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Mr. FITZGERALD. That veteran also receives a monthly housing allowance which varies by location, plus $1,000 annually to cover books and other school supplies. Add that up, and we are talking about well over $100,000 worth of education benefits a veteran loses simply by having their discharge characterized as general under honorable.

And let's be clear on who this is truly affecting, Mr. Speaker. We are not talking about recruits who are fresh out of basic training or those discharged at the MEPS station. These are men and women who have done their time, who have paid their dues, and who have served with distinction up until the point of refusing this vaccine.

And now we are going to tell them that we don't care how spotless their record may have been beforehand because they made a moral, ethical and even religious objection to a vaccine?

Those who have fought to defend our country should not be deprived of the benefits they so rightly deserve simply for refusing to comply with this divisive, and potentially unlawful, vaccine mandate.

My motion to recommit corrects this disparity by ensuring any member of the armed services who receives a general discharge under honorable conditions solely for the refusal of the COVID-19 vaccine is entitled to education benefits.

We are a country that rewards our heroes, not punishes them, and this motion to recommit makes sure of that. I urge the adoption of this motion to recommit.

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Mr. FITZGERALD. Madam Speaker, I have a motion to recommit at the desk.

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Mr. FITZGERALD. Madam Speaker, on that I demand the yeas and nays.

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