H.R.3240 - Reaffirming Every Servicemembers' Trust Of Religious Exemptions Act; RESTORE Act (119th Congress)
Summary
H.R.3240, also known as the RESTORE Act, aims to address potential unfairness experienced by service members who requested religious accommodations, specifically regarding the COVID-19 vaccine. The bill mandates the Secretary of Defense to establish a Special Review Board to audit religious accommodation requests and review the personnel records of affected service members.
The board will assess whether career progression was negatively impacted due to these requests or vaccine refusal. It also outlines corrective actions, including backdated promotions, restoration of lost pay and benefits, and expungement of adverse actions from service records.
Furthermore, the bill requires regular reports to Congress on the board's findings and an independent audit by the Department of Defense Inspector General to ensure consistent application of the Religious Freedom Restoration Act (RFRA) within the Department of Defense.
Expected Effects
The RESTORE Act, if enacted, would lead to a comprehensive review of religious accommodation requests related to the COVID-19 vaccine within the military. This could result in the correction of personnel records, restoration of benefits, and potential reinstatement for service members who experienced adverse career impacts.
It would also increase transparency and accountability within the Department of Defense regarding religious accommodation policies. Regular reporting to Congress and an independent audit would ensure compliance with RFRA and fairness in military personnel policies.
Ultimately, the bill aims to restore trust among service members regarding religious exemptions and ensure their career progression is justly reviewed.
Potential Benefits
- Restores potential lost benefits and opportunities for service members affected by religious accommodation requests.
- Ensures fair review and potential correction of personnel records.
- Increases transparency and accountability in the Department of Defense's religious accommodation policies.
- Reinforces the importance of religious freedom within the military.
- Provides a mechanism for service members to request a review of decisions impacting their careers.
Potential Disadvantages
- The process of reviewing cases and implementing corrective actions could be administratively burdensome and costly.
- There is potential for disagreement or legal challenges regarding the Special Review Board's decisions.
- The focus on COVID-19 vaccine religious exemptions may create a perception of preferential treatment compared to other types of religious accommodation requests.
- The bill could be viewed as undermining the authority of military commanders to enforce health and safety regulations.
- The retroactive nature of the bill may create complexities in determining appropriate compensation and remedies.
Most Disadvantaged Areas:
Constitutional Alignment
The RESTORE Act aligns with the First Amendment of the US Constitution, which guarantees religious freedom and prohibits government actions that infringe upon the free exercise of religion. The bill seeks to ensure that the military's policies regarding religious accommodations are consistent with this constitutional principle.
Furthermore, the bill's emphasis on due process and fair treatment of service members aligns with the Fifth Amendment, which guarantees that no person shall be deprived of life, liberty, or property without due process of law. By providing a mechanism for review and correction of adverse actions, the bill aims to uphold these constitutional protections.
The bill also references the Religious Freedom Restoration Act (RFRA), which reinforces the importance of protecting religious freedom and requires the government to demonstrate a compelling interest before substantially burdening a person's exercise of religion.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).