What This Bill Does
This bill provides remedies to military members who were discharged or punished because they refused a COVID-19 vaccine. It stops the Secretary of Defense from issuing a new COVID-19 vaccine mandate without approval from Congress. The bill allows affected military members to apply for changes to their discharge status, reinstatement, back pay and other relief.
Who It Affects
Military members discharged or facing punishment based on 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• The Secretary of Defense cannot issue a new COVID-19 vaccine mandate to replace the one that was rescinded without Congress passing a new law authorizing it (Sec. 2(a))
• The Secretary of Defense cannot punish any military member solely for refusing a COVID-19 vaccine (Sec. 2(b))
• Military members discharged for refusing the vaccine can apply to change their discharge status to "honorable discharge" if they would have received an honorable discharge otherwise (Sec. 2(c)(1))
• Military members can apply to be reinstated to their highest rank before being discharged, with back pay and benefits for any losses, and have all records of COVID-19 vaccine-related punishment removed (Sec. 2(c)(2-4))
• The Secretary of Defense must make efforts to keep unvaccinated military members, provide them equal opportunities for advancement, and create exemption processes for members with natural immunity, health conditions, or religious beliefs opposing vaccination (Sec. 2(d))
What Changes
If this becomes law, military members discharged for vaccine refusal could get honorable discharges, get reinstated to their previous ranks, receive back pay and benefits, and have punishment records erased. The military would be required to retain and develop unvaccinated members equally and create exemption processes for certain groups. The Defense Secretary could not create a new vaccine mandate without Congress first passing a law to allow it.
Important Definitions
The bill defines "covered member" as military members discharged or subject to adverse action (punishment) based on COVID-19 vaccination status.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 453
To provide remedies to members of the Armed Forces discharged or subject
to adverse action under the COVID–19 vaccine mandate.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 24, 2023
Mr. BISHOP of North Carolina (for himself, Mr. JOHNSON of Louisiana, Mr.
GOSAR, Mr. GAETZ, Mr. HARRIS, Mr. HUNT, Mr. BIGGS, Mrs. BOEBERT,
Mr. DUNCAN, and Mrs. LUNA) introduced the following bill; which was
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-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Allowing Military Ex-
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emptions, Recognizing Individual Concerns About New
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Shots Act of 2023’’ or the ‘‘AMERICANS Act’’.
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•HR 453 IH
SEC. 2. REMEDIES FOR MEMBERS OF THE ARMED FORCES
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DISCHARGED OR SUBJECT TO ADVERSE AC-
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TION UNDER THE COVID–19 VACCINE MAN-
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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
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COVID–19 vaccine mandate as a replacement for the
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mandate rescinded under section 525 of the James M.
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Inhofe National Defense Authorization Act for Fiscal Year
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2023 absent a further Act of Congress expressly author-
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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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•HR 453 IH
(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
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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
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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
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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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•HR 453 IH
any reduction in rank that was not related to the
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member’s COVID–19 vaccination status, with an ef-
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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-
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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-
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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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•HR 453 IH
computation of the retired or retainer pay of the
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member.
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‘‘(d)
RETENTION
AND
DEVELOPMENT
OF
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UNVACCINATED MEMBERS.—The Secretary of Defense
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shall—
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‘‘(1) make every effort to retain covered mem-
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bers who are not vaccinated against COVID–19 and
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provide such members with professional develop-
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ment, promotion and leadership opportunities, and
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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,
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assignment, and other operational decisions where—
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‘‘(A) the law or regulations of a foreign
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country require covered members to be vac-
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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-
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tions to covered members with—
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‘‘(A) a natural immunity to COVID–19;
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•HR 453 IH
‘‘(B) an underlying health condition that
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would make COVID–19 vaccination a greater
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risk to that individual than the general popu-
3
lation; or
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‘‘(C) sincerely held religious beliefs in con-
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flict with receiving the COVID–19 vaccination.
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‘‘(e) APPLICABILITY OF REMEDIES CONTAINED IN
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THIS SECTION.—The prohibitions and remedies described
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in this section shall apply to covered members regardless
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of whether or not they sought an accommodation to any
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Department of Defense COVID–19 vaccination policy on
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any grounds.’’.
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Æ
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