[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3458 Introduced in House (IH)]

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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.
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