What This Bill Does
This bill establishes protections for military members and academy students who refuse COVID-19 vaccinations. It prevents the military from using federal funds to require these vaccinations and bars punishment based solely on refusing the vaccine.
Who It Affects
Members of the Armed Forces (active duty military personnel).
Cadets and midshipmen at military service academies (students training to become officers).
The Secretaries of the military departments (officials who oversee each branch of the military).
Key Provisions
No federal funds may be used to require military members or academy students to receive COVID-19 vaccinations. (Sec. 2(a)(1))
Military members and academy students cannot be punished solely because they refuse the COVID-19 vaccine. This includes involuntary discharge, demotion, discipline, retaliation, unequal treatment, mask requirements, substandard housing, travel limits or deployment limits. (Sec. 2(a)(2) and Sec. 2(d)(1))
Military officials must reinstate people who were discharged solely for refusing the vaccine, restoring them to their previous rank and status. (Sec. 2(b)(1))
Military officials must remove from service records all references to punishment based solely on vaccine refusal. (Sec. 2(b)(2))
Military officials must count the time between discharge and reinstatement when calculating retirement or retainer pay (ongoing salary for retired service members). (Sec. 2(b)(3))
All military discharges related solely to vaccine refusal must be classified as honorable discharges (the highest discharge status). This applies to future discharges and discharges that happened before this bill becomes law. (Sec. 2(c)(1) and Sec. 2(c)(2))
What Changes
If this bill becomes law, military members and academy students cannot be required to receive COVID-19 vaccinations using federal money. Military members discharged solely for refusing the vaccine can request reinstatement at their former rank. All references to vaccine-related punishment will be removed from their records. All discharges solely related to vaccine refusal will become honorable discharges, whether they happened before or after the law passes. People reinstated will receive credit for their time away from service in calculating retirement pay.
Important Definitions
Adverse action: Involuntary separation (forced discharge), demotion (lowering rank), discipline, retaliation, disparate treatment (unequal treatment), requirements to wear masks, substandard housing, substandard conditions, travel restrictions or deployment restrictions.
Covered individual: Someone discharged involuntarily from the military solely because they refused a COVID-19 vaccine.
Military service academy: The United States Military Academy, the United States Naval Academy, the United States Air Force Academy or the United States Coast Guard Academy.
Secretary concerned: Not specified in bill text (the bill refers to another law for this definition).
Effective Date
Not specified in bill text
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Service Restoration
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Act’’.
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•HR 434 IH
SEC. 2. CERTAIN PROTECTIONS FOR A MEMBER OF THE
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ARMED FORCES, OR A CADET OR MID-
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SHIPMAN AT A MILITARY SERVICE ACADEMY,
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WHO REFUSES TO RECEIVE A VACCINATION
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AGAINST COVID–19.
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(a) PROHIBITIONS.—
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(1) VACCINE
MANDATE.—No Federal funds
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may be used to require a member of the Armed
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Forces, or a cadet or midshipman at a military serv-
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ice academy, to receive a vaccination against
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COVID–19.
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(2) ADVERSE
ACTION.—No member of the
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Armed Forces, or cadet or midshipman at a military
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service academy, may be subject to adverse action
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solely on the basis of the refusal of such member,
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cadet, or midshipman to receive a vaccination
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against COVID–19.
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(b) REINSTATEMENT.—At the request of a covered
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individual, the Secretary concerned shall—
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(1) reinstate the covered individual as a mem-
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ber of the Armed Force concerned, in the same rank
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and grade the covered individual held at the time of
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separation from the Armed Force concerned;
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(2) expunge from the military service record of
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the covered individual any reference to adverse ac-
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tion against the covered individual solely on the
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•HR 434 IH
basis of the refusal of the covered individual to re-
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ceive a vaccination against COVID–19; and
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(3) include, in the computation of the retired or
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retainer pay of such covered individual, the period
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between the involuntary separation and the rein-
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statement, under paragraph (1), of the covered indi-
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vidual.
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(c)
MANDATORY
CHARACTERIZATION
OF
DIS-
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CHARGE.—
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(1) PROSPECTIVE CHARACTERIZATIONS.—Sub-
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section (a) of section 736 of the National Defense
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Authorization Act for Fiscal Year 2022 (Public Law
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117–81; 10 U.S.C. 1161 note), as amended by sec-
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tion 525 of the James M. Inhofe National Defense
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Authorization Act for Fiscal Year 2023 (Public Law
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117–263), is further amended by striking ‘‘shall
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be—’’ and all that follows and inserting ‘‘shall be an
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honorable discharge’’.
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(2) RETROACTIVE
CHARACTERIZATIONS.—The
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Secretary concerned shall ensure that the character-
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ization of the discharge of a covered individual that
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occurred before the date of the enactment of this
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Act is characterized as honorable.
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(d) DEFINITIONS.—In this section:
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•HR 434 IH
(1) The term ‘‘adverse action’’ includes the fol-
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lowing:
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(A) Involuntary separation.
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(B) Demotion.
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(C) Discipline.
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(D) Retaliation.
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(E) Disparate treatment.
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(F) A requirement to wear a mask, reside
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in substandard housing, or endure substandard
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conditions.
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(G) Travel restrictions.
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(H) Deployment restrictions.
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(2) The term ‘‘covered individual’’ means an in-
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dividual who was involuntarily separated from an
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Armed Force solely on the basis of the refusal of
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such individual to receive a vaccination against
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COVID–19.
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(3) The term ‘‘military service academy’’ means
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the following:
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(A) The United States Military Academy.
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(B) The United States Naval Academy.
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(C) The United States Air Force Academy.
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(D) The United States Coast Guard Acad-
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emy.
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•HR 434 IH
(4) The term ‘‘Secretary concerned’’ has the
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meaning given such term in section 101 of title 10,
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United States Code.
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Æ
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