I 
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 Com-
mittee 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Service Restoration 
Act’’. 
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SEC. 2. CERTAIN PROTECTIONS FOR A MEMBER OF THE 
ARMED FORCES, OR A CADET OR MID-
SHIPMAN 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 serv-
ice 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 mem-
ber 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 ac-
tion against the covered individual solely on the 
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basis of the refusal of the covered individual to re-
ceive 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 rein-
statement, under paragraph (1), of the covered indi-
vidual. 
(c) 
MANDATORY
CHARACTERIZATION
OF
DIS-
CHARGE.— 
(1) PROSPECTIVE CHARACTERIZATIONS.—Sub-
section (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 sec-
tion 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 character-
ization 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: 
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(1) The term ‘‘adverse action’’ includes the fol-
lowing: 
(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 in-
dividual 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 Acad-
emy. 
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(4) The term ‘‘Secretary concerned’’ has the 
meaning given such term in section 101 of title 10, 
United States Code. 
Æ 
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