Reinstate Our Troops Act

I 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 vaccina- tions 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 Com- mittee on Armed Services A BILL To establish certain remedies for certain individuals involun- tarily 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Reinstate Our Troops 4 Act’’. 5 VerDate Sep 11 2014 20:45 Jun 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458 TKELLEY on DSK125TN23PROD with BILLS 2 •HR 3458 IH SEC. 2. CERTAIN REMEDIES FOR CERTAIN INDIVIDUALS IN- 1 VOLUNTARILY SEPARATED FROM THE 2 ARMED FORCES SOLELY ON THE BASIS OF 3 REFUSING TO RECEIVE VACCINATIONS 4 AGAINST COVID-19. 5 (a) REINSTATEMENT.— 6 (1) ELECTION.—At the election of a covered in- 7 dividual, the Secretary concerned shall reinstate the 8 covered individual as a member of the Armed Force 9 concerned, in the same rank and grade the covered 10 individual held at the time of separation from such 11 Armed Force. 12 (2) DEADLINES.—A covered individual may 13 make an election under this subsection during the 14 one-year period following the date of the enactment 15 of this Act. The Secretary concerned shall reinstate 16 a covered individual who makes such an election not 17 later than 30 days after such election. 18 (b) BONUSES FOR REINSTATED OR REENLISTED IN- 19 DIVIDUALS.—In the case of a covered individual who 20 makes an election under subsection (a): 21 (1) ENLISTED MEMBERS.— 22 (A) INAPPLICABILITY OF REPAYMENT PRO- 23 VISION.—Subsection (g) of section 331 of title 24 37, United States Code, shall not apply to such 25 an individual who fails to complete a period of 26 VerDate Sep 11 2014 20:45 Jun 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458 TKELLEY on DSK125TN23PROD with BILLS 3 •HR 3458 IH service as a member of an Armed Force solely 1 because such individual was a covered indi- 2 vidual. 3 (B) RETURN OF REPAID BONUS.—Not 4 later than 30 days after an individual described 5 in subparagraph (A) makes an election under 6 subsection (a), the Secretary concerned shall re- 7 turn to such individual a bonus paid under such 8 section to such individual and repaid by such 9 individual pursuant to such subsection (g) and 10 section 373 of such title. 11 (2) OFFICERS.— 12 (A) INAPPLICABILITY OF REPAYMENT PRO- 13 VISION.—Subsection (f) of section 332 of title 14 37, United States Code, shall not apply to such 15 an individual who fails to complete a period of 16 service as a member of an Armed Force solely 17 because such individual was a covered indi- 18 vidual. 19 (B) RETURN OF REPAID BONUS.—Not 20 later than 30 days after an individual described 21 in subparagraph (A) makes an election under 22 subsection (a), the Secretary concerned shall re- 23 turn to such individual a bonus paid under such 24 section to such individual and repaid by such 25 VerDate Sep 11 2014 20:45 Jun 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458 TKELLEY on DSK125TN23PROD with BILLS 4 •HR 3458 IH individual pursuant to such subsection (f) and 1 section 373 of such title. 2 (c) RETROACTIVE CHARACTERIZATIONS OF DIS- 3 CHARGE.—In the case of a covered individual who does 4 not make an election under subsection (a), the Secretary 5 concerned shall ensure that the discharge of such indi- 6 vidual is characterized as honorable. 7 (d) EXPUNGEMENT OF ADVERSE ACTION.—The Sec- 8 retary concerned shall expunge from the military service 9 record of a covered individual any reference to adverse ac- 10 tion against such individual solely on the basis of the re- 11 fusal of such individual to receive a vaccination against 12 COVID-19. 13 (e) REPORT.—Not later than 60 days after the date 14 of the enactment of this Act, the Secretary of Defense 15 shall submit to the Committees on Armed Services of the 16 Senate and House of Representatives a report on progress 17 in carrying out this section. 18 (f) DEFINITIONS.—In this section: 19 (1) The term ‘‘covered individual’’ means an in- 20 dividual who— 21 (A) as a member of an Armed Force, re- 22 quested an exemption from an order to receive 23 a vaccination against COVID-19; and 24 VerDate Sep 11 2014 20:45 Jun 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3458.IH H3458 TKELLEY on DSK125TN23PROD with BILLS 5 •HR 3458 IH (B) was involuntarily separated from an 1 Armed Force solely on the basis of the refusal 2 of such individual to receive such a vaccination. 3 (2) The term ‘‘Secretary concerned’’ has the 4 meaning given such term in section 101 of title 10, 5 United States Code. 6 Æ VerDate Sep 11 2014 20:45 Jun 05, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3458.IH H3458 TKELLEY on DSK125TN23PROD with BILLS