AMERICANS Act

To amend the National Defense Authorization Act for Fiscal Year 2022 to modify the limitation on discharge of members of the Armed Forces solely on the basis of failure to obey a lawful order to receive a vaccine for COVID–19, and for other purposes. 1. Short title This Act may be cited as the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022 AMERICANS Act 2. Modification of limitation on actions based solely on failure to obey an order to receive a vaccine for COVID–19 Section 736 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (1) by amending the section heading to read as follows: Limitations on punishment solely on basis of failure to obey order to receive COVID–19 vaccine (2) in subsection (a)— (A) by striking a lawful an (B) by striking shall be shall be an honorable discharge (3) by redesignating subsection (b) as subsection (f); (4) by inserting after subsection (a) the following new subsections: (b) Prohibition on adverse action The Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID–19. (c) Remedies available for a covered member discharged or punished based on COVID–19 status At the election of a covered member and upon application through a process established by the Secretary of Defense, the Secretary shall— (1) adjust to honorable discharge (A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID–19; and (B) the discharge status of the member would have been an honorable discharge (2) reinstate the member at the grade held by the member immediately prior to the involuntary separation of the member; (3) expunge from the service record of the member any reference to any adverse action based solely on COVID–19 status, including involuntary separation; and (4) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member. (d) Attempt To avoid discharge The Secretary of Defense shall— (1) make every effort to retain members of the Armed Forces who are not vaccinated against COVID–19; (2) create an exemption to the requirement that members of the Armed Forces be vaccinated against COVID–19 for such members with natural immunity; and (3) recognize an exemption to the requirement that members of the Armed Forces be vaccinated against COVID–19 based on an underlying health condition or the sincerely held religious beliefs of an individual member. (e) Report on religious exemptions to COVID–19 vaccine Not later than 90 days after the date of the enactment of the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022 ; and (5) in subsection (f), as redesignated by paragraph (3)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) inserting before paragraph (2) the following new paragraph (1): (1) The term adverse action ; and (C) in paragraph (3), as redesignated by subparagraph (A)— (i) by striking means a member (A) a member ; (ii) in subparagraph (A), as designated by clause (i), by striking the period at the end and insert a semicolon; and (iii) by adding at the end the following new subparagraphs: (B) an individual enrolled at a military service academy; or (C) an individual enrolled in the Junior Reserve Officers’ Training Corps (JROTC) or Senior Reserve Officers’ Training Corps (SROTC) program. .

Summary: Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022 or the AMERICANS Act This bill modifies the classification of discharge and remedies available to specified individuals who were discharged for failing to obey an order to receive a COVID-19 vaccine. Such individuals include members of the Armed Forces, individuals enrolled at a military service academy, or individuals enrolled in the Junior Reserve Officers' Training Corps (JROTC) or Senior Reserve Officers' Training Corps (SROTC) program.