Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022 or the AMERICANS Act
This bill modifies the classification of discharge and remedies available to specified individuals who were discharged for failing to obey an order to receive a COVID-19 vaccine. Such individuals include members of the Armed Forces, individuals enrolled at a military service academy, or individuals enrolled in the Junior Reserve Officers' Training Corps (JROTC) or Senior Reserve Officers' Training Corps (SROTC) program.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7936 Introduced in House (IH)]
<DOC>
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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allowing Military Exemptions,
Recognizing Individual Concerns About New Shots Act of 2022'' or the
``AMERICANS Act''.
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 amended--
(1) by amending the section heading to read as follows:
``limitations on punishment solely on basis of failure to obey
order to receive covid-19 vaccine'';
(2) in subsection (a)--
(A) by striking ``a lawful'' and inserting ``an'';
and
(B) by striking ``shall be'' and all that follows
through the period at the end and inserting ``shall be
an honorable discharge'';
(3) by redesignating subsection (b) as subsection (f);
(4) by inserting after subsection (a) the following new
subsections:
``(b) Prohibition on Adverse Action.--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.
``(c) Remedies Available for a Covered Member Discharged or
Punished Based on COVID-19 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 Secretary of Defense shall--
``(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 Exemptions, Recognizing Individual Concerns About New Shots
Act of 2022, the Secretary of Defense shall submit to Congress a report
on the number of religious exemptions submitted 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 paragraph (3)--
(A) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(B) inserting before paragraph (2) the following
new paragraph (1):
``(1) The term `adverse action' includes discharge,
punishment, retaliation, disparate treatment, a requirement to
wear a mask, or a requirement to reside in sub-standard housing
or endure sub-standard 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 designated by
clause (i), by striking the period at the end
and insert a semicolon; and
(iii) by adding at the end the following
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 Senior Reserve
Officers' Training Corps (SROTC) program.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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