AMERICANS Act

It would bar the Department of Defense (DOD) from issuing a new COVID-19 vaccine mandate to replace the 2021 policy unless Congress expressly authorizes one, and it would create processes for exemptions, retention, and compensation remedies for affected members.

• Members discharged or subject to adverse action for refusing a COVID-19 vaccine would be able to choose remedies such as adjustment to an honorable discharge, reinstatement to their highest prior grade with back pay, expungement of adverse records, and crediting separation time toward retirement pay.
• The DOD would be required to try to retain unvaccinated members and give them equal professional development, promotion, and leadership opportunities, limit vaccine-based deployment decisions to cases where foreign law requires vaccination or the member is needed for a role, and set up exemption processes for natural immunity, medical risk, or sincere religious beliefs.
• Members separated for vaccine refusal would not have to repay bonuses and would be reimbursed for any repayments already made, and the bill's protections would apply to all service members regardless of whether they sought an accommodation.