HR511-119

What This Bill Does

The AMERICANS Act addresses military COVID-19 vaccine mandate consequences. It prohibits the Defense Secretary from issuing a replacement COVID-19 vaccine mandate for the rescinded mandate unless Congress expressly authorizes one. It changes the fiscal year 2022 NDAA remedy for vaccine-related separations so qualifying members receive an honorable discharge. At a covered member's election and through a Defense Department application process, the Secretary must upgrade qualifying discharges, reinstate separated members at the highest grade held before separation, restore grade for other adverse actions, compensate members for lost pay and benefits, expunge COVID-19 vaccination-status adverse actions from service records, and count involuntary separation time for retired or retainer pay. DOD must make every effort to retain unvaccinated covered members and provide equal professional development, promotion, leadership, and consideration. Vaccination status can be considered for deployment or assignment only when foreign law requires vaccination for entry and the member's presence is necessary, and DOD must create exemption processes for natural immunity, health-risk, and sincerely held religious belief claims. Former members separated for refusing COVID-19 vaccination are released from bonus repayment obligations and reimbursed for prior repayments.

Who Benefits and How

Service members separated over COVID-19 vaccination status benefit from discharge upgrades, reinstatement, record expungement, and restored retirement credit. Unvaccinated covered service members benefit from protection against adverse action based solely on COVID-19 vaccine refusal. Former service members with bonus repayment obligations benefit because repayment duties are released and prior repayments reimbursed. Service members with natural immunity, health risks, or religious objections benefit from required exemption processes for certain deployments.

Who Bears the Burden and How

Defense Department personnel offices must create application processes, reinstate members, restore grades, pay lost benefits, and expunge records. Military commanders must retain unvaccinated covered members and limit operational use of vaccination status to foreign-entry situations. Defense payroll offices must reimburse bonus repayments and calculate lost pay, benefits, and retirement credit. Federal taxpayers bear the cost of back pay, benefits, reimbursements, and administrative corrections.

Key Provisions

• Prohibits a replacement DOD COVID-19 vaccine mandate unless Congress expressly authorizes one.
• Requires qualifying COVID-19 vaccine refusal separations to be treated as honorable discharges.
• Requires reinstatement, grade restoration, compensation, record expungement, and retirement-credit remedies.
• Requires equal retention, development, promotion, leadership, and consideration for unvaccinated covered members.
• Creates deployment exemption processes for natural immunity, health-risk, and religious-belief claims.
• Releases and reimburses bonus repayment obligations tied to COVID-19 vaccine refusal separations.