H.R. 3458

[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 3458 Introduced in House (IH)] <DOC> 118th CONGRESS 1st Session H. R. 3458 To establish certain remedies for certain individuals involuntarily separated from the Armed Forces solely on the basis of refusing to receive vaccinations against COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 2023 Mr. Rutherford (for himself, Mr. DesJarlais, Mr. Reschenthaler, Mr. Posey, Mr. Collins, Mr. Webster of Florida, Mr. Carl, Mr. Self, Mrs. Miller of Illinois, Mr. Diaz-Balart, Mr. Murphy, Mrs. Spartz, Mr. Mooney, Ms. Tenney, Mr. Biggs, Mr. Moran, Mr. Santos, Mr. Weber of Texas, Mr. C. Scott Franklin of Florida, Mr. Miller of Ohio, Mr. Bean of Florida, Mr. Owens, Mr. Bilirakis, Mr. Guest, and Mr. Nehls) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To establish certain remedies for certain individuals involuntarily separated from the Armed Forces solely on the basis of refusing to receive vaccinations 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 ``Reinstate Our Troops Act''. SEC. 2. CERTAIN REMEDIES FOR CERTAIN INDIVIDUALS INVOLUNTARILY SEPARATED FROM THE ARMED FORCES SOLELY ON THE BASIS OF REFUSING TO RECEIVE VACCINATIONS AGAINST COVID-19. (a) Reinstatement.-- (1) Election.--At the election of a covered individual, the Secretary concerned shall 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 such Armed Force. (2) Deadlines.--A covered individual may make an election under this subsection during the one-year period following the date of the enactment of this Act. The Secretary concerned shall reinstate a covered individual who makes such an election not later than 30 days after such election. (b) Bonuses for Reinstated or Reenlisted Individuals.--In the case of a covered individual who makes an election under subsection (a): (1) Enlisted members.-- (A) Inapplicability of repayment provision.-- Subsection (g) of section 331 of title 37, United States Code, shall not apply to such an individual who fails to complete a period of service as a member of an Armed Force solely because such individual was a covered individual. (B) Return of repaid bonus.--Not later than 30 days after an individual described in subparagraph (A) makes an election under subsection (a), the Secretary concerned shall return to such individual a bonus paid under such section to such individual and repaid by such individual pursuant to such subsection (g) and section 373 of such title. (2) Officers.-- (A) Inapplicability of repayment provision.-- Subsection (f) of section 332 of title 37, United States Code, shall not apply to such an individual who fails to complete a period of service as a member of an Armed Force solely because such individual was a covered individual. (B) Return of repaid bonus.--Not later than 30 days after an individual described in subparagraph (A) makes an election under subsection (a), the Secretary concerned shall return to such individual a bonus paid under such section to such individual and repaid by such individual pursuant to such subsection (f) and section 373 of such title. (c) Retroactive Characterizations of Discharge.--In the case of a covered individual who does not make an election under subsection (a), the Secretary concerned shall ensure that the discharge of such individual is characterized as honorable. (d) Expungement of Adverse Action.--The Secretary concerned shall expunge from the military service record of a covered individual any reference to adverse action against such individual solely on the basis of the refusal of such individual to receive a vaccination against COVID-19. (e) Report.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on progress in carrying out this section. (f) Definitions.--In this section: (1) The term ``covered individual'' means an individual who-- (A) as a member of an Armed Force, requested an exemption from an order to receive a vaccination against COVID-19; and (B) was involuntarily separated from an Armed Force solely on the basis of the refusal of such individual to receive such a vaccination. (2) The term ``Secretary concerned'' has the meaning given such term in section 101 of title 10, United States Code. <all>