I 
117TH CONGRESS 
2D SESSION 
H. R. 7936 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2022 
Mr. JOHNSON of Louisiana introduced the following bill; which was referred 
to the Committee on Armed Services 
A BILL 
To amend the National Defense Authorization Act for Fiscal 
Year 2022 to modify the limitation on discharge of mem-
bers 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Allowing Military Ex-
emptions, Recognizing Individual Concerns About New 
Shots Act of 2022’’ or the ‘‘AMERICANS Act’’. 
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SEC. 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) is amend-
ed— 
(1) by amending the section heading to read as 
follows: ‘‘LIMITATIONS ON PUNISHMENT SOLELY 
ON BASIS OF FAILURE TO OBEY ORDER TO RE-
CEIVE COVID–19 VACCINE’’; 
(2) in subsection (a)— 
(A) by striking ‘‘a lawful’’ and inserting 
‘‘an’’; and 
(B) by striking ‘‘shall be’’ and all that fol-
lows through the period at the end and insert-
ing ‘‘shall be an honorable discharge’’; 
(3) by redesignating subsection (b) as sub-
section (f); 
(4) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) PROHIBITION ON ADVERSE ACTION.—The Sec-
retary 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 MEM-
BER DISCHARGED OR PUNISHED BASED ON COVID–19 
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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’ the status 
of the member if— 
‘‘(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’ but 
for the refusal to obtain such vaccine; 
‘‘(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 Sec-
retary of Defense shall— 
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‘‘(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 Exemp-
tions, Recognizing Individual Concerns About New Shots 
Act of 2022, the Secretary of Defense shall submit to Con-
gress a report on the number of religious exemptions sub-
mitted by members of Armed Forces for the requirement 
that such members be vaccinated against COVID–19, 
which shall include how many were approved and how 
many denied, disaggregated by religious denomination.’’; 
and 
(5) in subsection (f), as redesignated by para-
graph (3)— 
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(A) by redesignating paragraphs (1) and 
(2) as paragraphs (2) and (3), respectively; 
(B) inserting before paragraph (2) the fol-
lowing new paragraph (1): 
‘‘(1) The term ‘adverse action’ includes dis-
charge, punishment, retaliation, disparate treatment, 
a requirement to wear a mask, or a requirement to 
reside in sub-standard housing or endure sub-stand-
ard conditions.’’; and 
(C) in paragraph (3), as redesignated by 
subparagraph (A)— 
(i) by striking ‘‘means a member’’ and 
inserting ‘‘means— 
‘‘(A) a member’’; 
(ii) in subparagraph (A), as des-
ignated by clause (i), by striking the period 
at the end and insert a semicolon; and 
(iii) by adding at the end the fol-
lowing 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 
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Senior 
Reserve 
Officers’ 
Training 
Corps 
(SROTC) program.’’. 
Æ 
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