Service Restoration Act
Bill: H.R.6649 | Sponsor: Rep. Roy, Chip (R-TX)
Policy area: Armed Forces and National Security

Summary:
Service Restoration Act
This bill prohibits the use of federal funds to require a member of the Armed Forces to receive a COVID-19 vaccination. The bill also prohibits adverse action (e.g., punishment) being taken against a member of the Armed Forces solely on the basis that the member refuses to receive a COVID-19 vaccination.
Individuals who were involuntarily separated from the Armed Forces solely on the basis of their refusal to receive a COVID-19 vaccination must be reinstated in the grade they held prior to the separation. In computing retired or retainer pay, the military department concerned must include the time between the involuntary separation and reinstatement of the individual.
The military department concerned must expunge adverse actions or references to involuntary separation related to the refusal to receive a COVID-19 vaccination from an individual's service record.

To prohibit adverse action against a member of the Armed Forces who 
   refuses to receive a vaccination against COVID-19, and for other 
                               purposes.

    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. PROTECTIONS FOR MEMBERS OF THE ARMED FORCES WHO REFUSE TO 
              RECEIVE VACCINATIONS AGAINST COVID-19.

    (a) Prohibitions.--
            (1) Federal funding.--No Federal funds may be used to 
        require a member of the Armed Forces to receive a vaccination 
        against COVID-19.
            (2) Adverse action.--The Secretary concerned may not take 
        any adverse action against a member of the Armed Forces solely 
        on the basis that such member refuses to receive a vaccination 
        against COVID-19.
    (b) Reinstatement.--
            (1) Requirement.--At the election of a covered individual, 
        the Secretary concerned shall reinstate such covered 
        individual--
                    (A) as a member of the Armed Force concerned; and
                    (B) in the grade held by such covered individual 
                immediately before the involuntary separation of the 
                covered individual.
            (2) Computation of retired or retainer pay.--In the case of 
        an covered individual reinstated as a member of the Armed 
        Forces under paragraph (1), the Secretary concerned shall 
        include, in the computation of retired or retainer pay for such 
        covered individual, the time between the involuntary separation 
        of such covered individual and such reinstatement.
    (c) Expungement.--The Secretary concerned shall expunge, from the 
service record of a covered individual or a member of the Armed Forces 
who received an adverse action solely on the basis of such member to 
receive a vaccination against COVID-19, each reference to involuntary 
separation, or to adverse action, solely on such basis.
    (d) Definitions.--In this section:
            (1) The term ``adverse action'' includes the following:
                    (A) Retaliation.
                    (B) Punishment.
                    (C) Disparate treatment.
                    (D) A requirement to wear a mask.
                    (E) A requirement to reside in substandard housing.
            (2) The term ``covered individual'' means an individual 
        involuntarily separated from the Armed Forces solely on the 
        basis of the refusal of such individual to receive a 
        vaccination against COVID-19.
            (3) The term ``Secretary concerned'' has the meaning given 
        that term in section 101 of title 10, United States Code.
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