S117-119

1. Short title This Act may be cited as the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025 or the AMERICANS Act.

2. Remedies for members of the Armed Forces discharged or subject to adverse action under the COVID–19 vaccine mandate The Secretary of Defense may not issue any COVID–19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 absent a further Act of Congress expressly authorizing a replacement mandate. 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— in the section heading, by striking to obey lawful order to receive and inserting to receive; in subsection (a)— by striking a lawful order and inserting an order; and by striking shall be and all that follows through the period at the end and inserting shall be an honorable discharge.; by redesignating subsection (b) as subsection (g); and by inserting after subsection (a) the following new subsections: 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. At the election of a covered 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— adjust to honorable discharge the status of the member if— 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 the discharge status of the member would have been an honorable discharge but for the refusal to obtain such vaccine; reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; for any member who was subject to any adverse action other than involuntary separation based solely on the member’s COVID–19 vaccination status— restore the member to the highest grade held prior to such adverse action, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and compensate such member for any pay and benefits lost as a result of such adverse action; 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 solely on COVID–19 vaccination status; and 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. The Secretary of Defense shall— make every effort to retain covered members who are not vaccinated against COVID–19 and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers; only consider the COVID–19 vaccination status of a covered member in making deployment, assignment, and other operational decisions where— the law or regulations of a foreign country require covered members to be vaccinated against COVID–19 in order to enter that country; and the covered member’s presence in that foreign country is necessary in order to perform their assigned role; and for purposes of deployments, assignments, and operations described in paragraph (2), create a process to provide COVID–19 vaccination exemptions to covered members with— a natural immunity to COVID–19; an underlying health condition that would make COVID–19 vaccination a greater risk to that individual than the general population; or sincerely held religious beliefs in conflict with receiving the COVID–19 vaccination. A former member of the Armed Forces who was separated from the Armed Forces because the former member refused to obtain a COVID–19 vaccine shall be released for any obligation to repay any bonus received by the former member. A former member of the Armed Forces described in subsection (a) who, before the date of the enactment of this Act, repaid any portion of a bonus described in that subsection shall be reimbursed for such repayment. 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. (b)Prohibition on adverse actionThe 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 subject to adverse action based on COVID–19 statusAt the election of a covered 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 any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary 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, allowing, however, for any reduction in rank that was not related to the member’s COVID–19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and(B)compensate such member for any pay and benefits lost as a result of such adverse action;(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 solely on COVID–19 vaccination status; and(5)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)Retention and development of unvaccinated membersThe Secretary of Defense shall—(1)make every effort to retain covered members who are not vaccinated against COVID–19 and provide such members with professional development, 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 vaccinated 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 exemptions to covered members with—(A)a natural immunity to COVID–19;(B)an underlying health condition that would make COVID–19 vaccination a greater risk to that individual than the general population; or (C)sincerely held religious beliefs in conflict with receiving the COVID–19 vaccination.(e)Termination of obligation To repay bonuses of members separated for refusing covid–19 vaccine(1)In generalA former member of the Armed Forces who was separated from the Armed Forces because the former member refused to obtain a COVID–19 vaccine shall be released for any obligation to repay any bonus received by the former member.(2)Reimbursement of repaymentsA former member of the Armed Forces described in subsection (a) who, before the date of the enactment of this Act, repaid any portion of a bonus described in that subsection shall be reimbursed for such repayment. (f)Applicability of remedies contained in this sectionThe 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..