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-
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 2023’’ or the ‘‘AMERICANS Act’’. 
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SEC. 2. REMEDIES FOR MEMBERS OF THE ARMED FORCES 
DISCHARGED OR SUBJECT TO ADVERSE AC-
TION UNDER THE COVID–19 VACCINE MAN-
DATE. 
(a) LIMITATION
ON IMPOSITION
OF NEW MAN-
DATE.—The Secretary of Defense may not issue any 
COVID–19 vaccine mandate as a replacement for the 
mandate rescinded under section 525 of the James M. 
Inhofe National Defense Authorization Act for Fiscal Year 
2023 absent a further Act of Congress expressly author-
izing a replacement mandate. 
(b) REMEDIES.—Section 736 of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 117– 
81; 10 U.S.C. 1161 note prec.) is amended— 
(1) in the section heading, by striking ‘‘TO 
OBEY LAWFUL ORDER TO RECEIVE’’ and insert-
ing ‘‘TO RECEIVE’’; 
(2) in subsection (a)— 
(A) by striking ‘‘a lawful order’’ and in-
serting ‘‘an order’’; 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 (e); and 
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(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 SUBJECT
TO ADVERSE ACTION 
BASED ON COVID–19 STATUS.—At the election of a cov-
ered member discharged or subject to adverse action based 
on the member’s COVID–19 vaccination status, 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 to service at the 
highest grade held by the member immediately prior 
to the involuntary separation, allowing, however, for 
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any reduction in rank that was not related to the 
member’s COVID–19 vaccination status, with an ef-
fective date of reinstatement as of the date of invol-
untary separation; 
‘‘(3) for any member who was subject to any 
adverse action other than involuntary separation 
based solely on the member’s COVID–19 vaccination 
status— 
‘‘(A) restore the member to the highest 
grade held prior to such adverse action, allow-
ing, however, for any reduction in rank that 
was not related to the member’s COVID–19 
vaccination status, with an effective date of re-
instatement as of the date of involuntary sepa-
ration; and 
‘‘(B) compensate such member for any pay 
and benefits lost as a result of such adverse ac-
tion; 
‘‘(4) expunge from the service record of the 
member any adverse action, to include non-punitive 
adverse action and involuntary separation, as well as 
any reference to any such adverse action, based sole-
ly on COVID–19 vaccination status; and 
‘‘(5) include the time of involuntary separation 
of the member reinstated under paragraph (2) in the 
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computation of the retired or retainer pay of the 
member. 
‘‘(d) 
RETENTION
AND
DEVELOPMENT
OF 
UNVACCINATED MEMBERS.—The Secretary of Defense 
shall— 
‘‘(1) make every effort to retain covered mem-
bers who are not vaccinated against COVID–19 and 
provide such members with professional develop-
ment, promotion and leadership opportunities, and 
consideration equal to that of their peers; 
‘‘(2) only consider the COVID–19 vaccination 
status of a covered member in making deployment, 
assignment, and other operational decisions where— 
‘‘(A) the law or regulations of a foreign 
country require covered members to be vac-
cinated against COVID–19 in order to enter 
that country; and 
‘‘(B) the covered member’s presence in 
that foreign country is necessary in order to 
perform their assigned role; and 
‘‘(3) for purposes of deployments, assignments, 
and operations described in paragraph (2), create a 
process to provide COVID–19 vaccination exemp-
tions to covered members with— 
‘‘(A) a natural immunity to COVID–19; 
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‘‘(B) an underlying health condition that 
would make COVID–19 vaccination a greater 
risk to that individual than the general popu-
lation; or 
‘‘(C) sincerely held religious beliefs in con-
flict with receiving the COVID–19 vaccination. 
‘‘(e) APPLICABILITY OF REMEDIES CONTAINED IN 
THIS SECTION.—The prohibitions and remedies described 
in this section shall apply to covered members regardless 
of whether or not they sought an accommodation to any 
Department of Defense COVID–19 vaccination policy on 
any grounds.’’. 
Æ 
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