H.R. 434 — Introduced in House

I 118th CONGRESS 1st Session H. R. 434 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. 1. Short title This Act may be cited as the Service Restoration Act. 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.