What This Bill Does
This bill creates remedies for military members who were discharged or punished because they refused to get a COVID-19 vaccine. The bill also prevents the Secretary of Defense from issuing a new COVID-19 vaccine mandate without approval from Congress.
Who It Affects
Military members (called "covered members" in the bill) who were discharged or faced other punishments due to their COVID-19 vaccination status.
Key Provisions
• The Secretary of Defense cannot issue a new COVID-19 vaccine mandate to replace the one that was canceled unless Congress passes another law authorizing it. (Sec. 2(a))
• Military members who were discharged only because they refused a COVID-19 vaccine can request that their discharge status be changed to "honorable discharge." (Sec. 2(c)(1))
• Military members can request to be brought back into service at the highest rank they held before being forced out, with pay going back to the date they left. (Sec. 2(c)(2))
• Military members punished in other ways (not discharged) because of their vaccination status can request their rank be restored and be paid for any lost pay and benefits. (Sec. 2(c)(3))
• The Secretary of Defense must remove all records of punishments, discharge actions and any references to them from a member's file if those punishments were based only on COVID-19 vaccination status. (Sec. 2(c)(4))
• The Secretary of Defense must make efforts to keep unvaccinated military members employed and give them the same chances for training, promotion and leadership as vaccinated members. (Sec. 2(d)(1))
• A military member's vaccination status can only affect where they are assigned if a foreign country requires vaccination to enter, and the member needs to be there to do their job. The Secretary must provide exemptions for members with natural immunity, health conditions that make vaccination riskier for them, or sincere religious beliefs against vaccination. (Sec. 2(d)(2) and (d)(3))
What Changes
If this bill becomes law, military members forced out because they refused a COVID-19 vaccine can apply for an honorable discharge, be rehired at their former rank with back pay, and have all records of the punishment removed from their files. The Defense Department must treat unvaccinated members equally to vaccinated members for advancement and assignment unless a foreign country specifically requires vaccination. The Defense Department cannot create a new vaccine mandate without Congress passing a new law first.
Important Definitions
• Covered member: A member of the Armed Forces (the military).
• Adverse action: Punishments or negative consequences against a service member.
• Natural immunity: Having antibodies (disease-fighting proteins) against COVID-19 from a previous infection.
• Honorable discharge: The highest type of military discharge, typically given to members who served satisfactorily.
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 29
To provide remedies to members of the Armed Forces discharged or subject
to adverse action under the COVID–19 vaccine mandate.
IN THE SENATE OF THE UNITED STATES
JANUARY 24 (legislative day, JANUARY 3), 2023
Mr. CRUZ (for himself, Mr. GRAHAM, Mr. CRAPO, Mr. RISCH, Mr. CRAMER,
Mrs. BLACKBURN, Mr. MARSHALL, Mr. LEE, Mr. SCOTT of Florida, Mrs.
HYDE-SMITH, Mr. BRAUN, Mr. DAINES, Mr. PAUL, Mr. RUBIO, Mr.
LANKFORD, Mr. JOHNSON, Mr. HOEVEN, Mr. HAWLEY, and Ms. LUM-
MIS) introduced the following bill; which was read twice and referred to
the Committee on Armed Services
A BILL
To provide remedies to members of the Armed Forces dis-
charged or subject to adverse action under the COVID–
19 vaccine mandate.
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 ‘‘Allowing Military Ex-
4
emptions, Recognizing Individual Concerns About New
5
Shots Act of 2023’’ or the ‘‘AMERICANS Act’’.
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SEC. 2. REMEDIES FOR MEMBERS OF THE ARMED FORCES
1
DISCHARGED OR SUBJECT TO ADVERSE AC-
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TION UNDER THE COVID–19 VACCINE MAN-
3
DATE.
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(a) LIMITATION
ON IMPOSITION
OF NEW MAN-
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DATE.—The Secretary of Defense may not issue any
6
COVID–19 vaccine mandate as a replacement for the
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mandate rescinded under section 525 of the James M.
8
Inhofe National Defense Authorization Act for Fiscal Year
9
2023 absent a further Act of Congress expressly author-
10
izing a replacement mandate.
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(b) REMEDIES.—Section 736 of the National Defense
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Authorization Act for Fiscal Year 2022 (Public Law 117–
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81; 10 U.S.C. 1161 note prec.) is amended—
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(1) in the section heading, by striking ‘‘TO
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OBEY LAWFUL ORDER TO RECEIVE’’ and insert-
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ing ‘‘TO RECEIVE’’;
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(2) in subsection (a)—
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(A) by striking ‘‘a lawful order’’ and in-
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serting ‘‘an order’’; and
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(B) by striking ‘‘shall be’’ and all that fol-
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lows through the period at the end and insert-
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ing ‘‘shall be an honorable discharge.’’;
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(3) by redesignating subsection (b) as sub-
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section (e); and
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(4) by inserting after subsection (a) the fol-
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lowing new subsections:
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‘‘(b) PROHIBITION ON ADVERSE ACTION.—The Sec-
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retary of Defense may not take any adverse action against
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a covered member based solely on the refusal of such
5
member to receive a vaccine for COVID–19.
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‘‘(c) REMEDIES AVAILABLE FOR A COVERED MEM-
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BER DISCHARGED
OR SUBJECT
TO ADVERSE ACTION
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BASED ON COVID–19 STATUS.—At the election of a cov-
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ered member discharged or subject to adverse action based
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on the member’s COVID–19 vaccination status, and upon
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application through a process established by the Secretary
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of Defense, the Secretary shall—
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‘‘(1) adjust to ‘honorable discharge’ the status
14
of the member if—
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‘‘(A) the member was separated from the
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Armed Forces based solely on the failure of the
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member to obey an order to receive a vaccine
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for COVID–19; and
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‘‘(B) the discharge status of the member
20
would have been an ‘honorable discharge’ but
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for the refusal to obtain such vaccine;
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‘‘(2) reinstate the member to service at the
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highest grade held by the member immediately prior
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to the involuntary separation, allowing, however, for
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any reduction in rank that was not related to the
1
member’s COVID–19 vaccination status, with an ef-
2
fective date of reinstatement as of the date of invol-
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untary separation;
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‘‘(3) for any member who was subject to any
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adverse action other than involuntary separation
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based solely on the member’s COVID–19 vaccination
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status—
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‘‘(A) restore the member to the highest
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grade held prior to such adverse action, allow-
10
ing, however, for any reduction in rank that
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was not related to the member’s COVID–19
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vaccination status, with an effective date of re-
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instatement as of the date of involuntary sepa-
14
ration; and
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‘‘(B) compensate such member for any pay
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and benefits lost as a result of such adverse ac-
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tion;
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‘‘(4) expunge from the service record of the
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member any adverse action, to include non-punitive
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adverse action and involuntary separation, as well as
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any reference to any such adverse action, based sole-
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ly on COVID–19 vaccination status; and
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‘‘(5) include the time of involuntary separation
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of the member reinstated under paragraph (2) in the
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computation of the retired or retainer pay of the
1
member.
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‘‘(d)
RETENTION
AND
DEVELOPMENT
OF
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UNVACCINATED MEMBERS.—The Secretary of Defense
4
shall—
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‘‘(1) make every effort to retain covered mem-
6
bers who are not vaccinated against COVID–19 and
7
provide such members with professional develop-
8
ment, promotion and leadership opportunities, and
9
consideration equal to that of their peers;
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‘‘(2) only consider the COVID–19 vaccination
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status of a covered member in making deployment,
12
assignment, and other operational decisions where—
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‘‘(A) the law or regulations of a foreign
14
country require covered members to be vac-
15
cinated against COVID–19 in order to enter
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that country; and
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‘‘(B) the covered member’s presence in
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that foreign country is necessary in order to
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perform their assigned role; and
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‘‘(3) for purposes of deployments, assignments,
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and operations described in paragraph (2), create a
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process to provide COVID–19 vaccination exemp-
23
tions to covered members with—
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‘‘(A) a natural immunity to COVID–19;
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‘‘(B) an underlying health condition that
1
would make COVID–19 vaccination a greater
2
risk to that individual than the general popu-
3
lation; or
4
‘‘(C) sincerely held religious beliefs in con-
5
flict with receiving the COVID–19 vaccination.
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‘‘(e) APPLICABILITY OF REMEDIES CONTAINED IN
7
THIS SECTION.—The prohibitions and remedies described
8
in this section shall apply to covered members regardless
9
of whether or not they sought an accommodation to any
10
Department of Defense COVID–19 vaccination policy on
11
any grounds.’’.
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Æ
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