Service Restoration Act

Subjects: Armed Forces and National Security

Summary:  <p><b>Service Restoration Act</b></p> <p>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.</p> <p>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</p> <ul> <li>reinstate the individual as a member of the Armed Force in the same rank and grade the individual held at the time of separation,</li> <li>expunge from the individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination, and</li> <li>include the period between the involuntary separation and reinstatement in the computation of retired or retainer pay of the individual.</li> </ul> <p>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.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 434 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 434

To establish certain protections for a member of the Armed Forces, or a 
   cadet or midshipman at a military service academy, who refuses to 
                receive a vaccination against COVID-19.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2023

Mr. Roy (for himself, Mr. Davidson, Mr. Duncan, Mr. Posey, Ms. Tenney, 
Mr. Cloud, Mr. Self, Mr. Gosar, Mrs. Miller of Illinois, Mr. Crawford, 
 Mr. Biggs, Mr. Ogles, Mr. Moore of Alabama, and Mr. Babin) introduced 
   the following bill; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To establish certain protections for a member of the Armed Forces, or a 
   cadet or midshipman at a military service academy, who refuses to 
                receive a vaccination against COVID-19.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Service Restoration Act''.

SEC. 2. CERTAIN PROTECTIONS FOR A MEMBER OF THE ARMED FORCES, OR A 
              CADET OR MIDSHIPMAN AT A MILITARY SERVICE ACADEMY, WHO 
              REFUSES TO RECEIVE A VACCINATION AGAINST COVID-19.

    (a) Prohibitions.--
            (1) Vaccine mandate.--No Federal funds may be used to 
        require a member of the Armed Forces, or a cadet or midshipman 
        at a military service academy, to receive a vaccination against 
        COVID-19.
            (2) Adverse action.--No member of the Armed Forces, or 
        cadet or midshipman at a military service academy, may be 
        subject to adverse action solely on the basis of the refusal of 
        such member, cadet, or midshipman to receive a vaccination 
        against COVID-19.
    (b) Reinstatement.--At the request of a covered individual, the 
Secretary concerned shall--
            (1) 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;
            (2) expunge from the military service record of the covered 
        individual any reference to adverse action against the covered 
        individual solely on the basis of the refusal of the covered 
        individual to receive a vaccination against COVID-19; and
            (3) include, in the computation of the retired or retainer 
        pay of such covered individual, the period between the 
        involuntary separation and the reinstatement, under paragraph 
        (1), of the covered individual.
    (c) Mandatory Characterization of Discharge.--
            (1) Prospective characterizations.--Subsection (a) of 
        section 736 of the National Defense Authorization Act for 
        Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note), as 
        amended by section 525 of the James M. Inhofe National Defense 
        Authorization Act for Fiscal Year 2023 (Public Law 117-263), is 
        further amended by striking ``shall be--'' and all that follows 
        and inserting ``shall be an honorable discharge''.
            (2) Retroactive characterizations.--The Secretary concerned 
        shall ensure that the characterization of the discharge of a 
        covered individual that occurred before the date of the 
        enactment of this Act is characterized as honorable.
    (d) Definitions.--In this section:
            (1) The term ``adverse action'' includes the following:
                    (A) Involuntary separation.
                    (B) Demotion.
                    (C) Discipline.
                    (D) Retaliation.
                    (E) Disparate treatment.
                    (F) A requirement to wear a mask, reside in 
                substandard housing, or endure substandard conditions.
                    (G) Travel restrictions.
                    (H) Deployment restrictions.
            (2) The term ``covered individual'' means an individual who 
        was involuntarily separated from an Armed Force solely on the 
        basis of the refusal of such individual to receive a 
        vaccination against COVID-19.
            (3) The term ``military service academy'' means the 
        following:
                    (A) The United States Military Academy.
                    (B) The United States Naval Academy.
                    (C) The United States Air Force Academy.
                    (D) The United States Coast Guard Academy.
            (4) The term ``Secretary concerned'' has the meaning given 
        such term in section 101 of title 10, United States Code.
                                 &lt;all&gt;
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