Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB117

Introduced
1/16/25  

Caption

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025 or the AMERICANS ActThis bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate.Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason.DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers.Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions.Members who were separated from the Armed Forces for refusing to receive a COVID-19 vaccine are not required to repay any bonuses and must be reimbursed if they repaid any portion of a bonus prior to this bill's enactment.This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

Impact

The proposed legislation outlines remedies for those members who were separated from service or faced adverse actions strictly due to their refusal to comply with the COVID-19 vaccine mandate. It allows for those affected to have their discharge statuses adjusted to 'honorable discharge,' reinstatement to service under specified conditions, and compensation for lost pay and benefits. The aim is to restore rights and benefits to individuals who arguably faced punitive measures for health-related decisions.

Summary

SB117, known as the AMERICANS Act (Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025), aims to address issues faced by members of the Armed Forces who were discharged or faced adverse actions due to their COVID-19 vaccination status. The bill specifically prohibits the Department of Defense from issuing any new COVID-19 vaccine mandates, unless authorized by Congress, thereby seeking to protect military personnel against potential unjust actions surrounding vaccination requirements.

Contention

Debate surrounding SB117 centers on the tension between military readiness and individual rights. Supporters argue that the bill upholds the principles of personal choice and accountability, highlighting the uniqueness of the military environment. However, critics may view the legislation as a challenge to the authority of military leaders and a potential impediment to public health initiatives within the armed forces. Overall, the bill seeks to redress perceived grievances while navigating the implications of vaccination policies and military discipline.

Congress_id

119-S-117

Policy_area

Armed Forces and National Security

Introduced_date

2025-01-16

Companion Bills

US HB511

Identical bill AMERICANS Act Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025

Previously Filed As

US HB453

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate. Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason. Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions. This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

US SB29

Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate. Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason. Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions. This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.

US HB434

Service Restoration Act This bill prohibits the use of federal funds to require a member of the Armed Forces, or a cadet or midshipman at a military service academy, to receive a COVID-19 vaccination. Additionally, no such individuals may be subject to adverse action solely on the basis of a refusal to receive a COVID-19 vaccination. At the request of an individual who was involuntarily separated from an Armed Force solely because of a refusal to receive a COVID-19 vaccination, the military department concerned must reinstate the individual as a member of the Armed Force in the same rank and grade the individual held at the time of separation, expunge from the individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination, and include the period between the involuntary separation and reinstatement in the computation of retired or retainer pay of the individual. The bill requires that the discharge of members due to the failure to obey a lawful order to receive a COVID-19 vaccination must be categorized as an honorable discharge, including for individuals who were discharged prior to the enactment of this bill.

US SB4754

A bill to terminate the obligation to repay bonuses of former members of the Armed Forces separated for refusing the COVID-19 vaccine.

US HB297

This bill requires the military departments to reinstate individuals (upon their request) who were involuntarily separated from the Armed Forces solely based on their refusal to receive a COVID-19 vaccination. Such individuals must be reinstated in the grade they held prior to the separation.

US HB117

This bill prohibits any entity that receives specified COVID-19 relief funds from mandating COVID-19 vaccines for its employees. An entity that violates this prohibition must return the funding it received.

US HB291

Vaccine Discharge Parity Act This bill ensures that members of the Armed Forces who were granted a general discharge under honorable conditions (on the sole basis that the members failed to obey a lawful order to receive a vaccine for COVID-19) are eligible for Department of Veterans Affairs (VA) educational assistance under the Montgomery GI Bill-Active Duty and Post-9/11 GI Bill programs. The bill also extends certain loan fee rates through March 1, 2031, under the VA's home loan program.

US HB403

No Mandates Act This bill prohibits federal agencies and certain entities that receive federal funding from requiring COVID-19 vaccinations. Specifically, federal agencies may not issue rules, regulations, or guidance that require an individual to receive a COVID-19 vaccination. The bill also prohibits requiring a COVID-19 vaccination to access federal property and services or congressional grounds and services. Additionally, an entity that received federal COVID-19 relief funds or receives other federal funds after this bill's enactment may not require a COVID-19 vaccination as a condition of providing any service to an individual.

US HB118

No Vaccine Passports Act This bill prohibits certain actions related to vaccine passports and proof of COVID-19 vaccination. Specifically, a federal agency may not issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying the COVID-19 vaccination status of a U.S. citizen to a third party, or otherwise publish or share any COVID-19 vaccination record of a U.S. citizen or similar health information. Additionally, proof of COVID-19 vaccination shall not be required to access federal or congressional property or services.

US HB271

Restoring Normalcy in America Act This bill provides civil rights and employment protections for individuals based on their refusal to receive a COVID-19 vaccine and addresses other matters concerning the COVID-19 pandemic. Specifically, the bill prohibits discrimination in places of public accommodation and in federally assisted programs based on an individual's COVID-19 vaccine refusal. In addition, the bill prohibits employers from discriminating against such individuals, including discrimination related to hiring, compensation, advancement, or other employment opportunities. Further, the bill makes it unlawful for an employer to fail to offer any employee who was discharged for a COVID-19 vaccine refusal a position at an equal level and rate of pay to the position the employee held prior to discharge. In particular, the bill provides for the reinstatement of any member of the Armed Forces or federal employee who was involuntarily separated because of a COVID-19 vaccine refusal at the request of an affected individual. Any adverse action related to a COVID-19 vaccine refusal must be removed from an affected individual's military record or personnel file. Additionally, the bill (1) terminates the authority of the Food and Drug Administration to authorize under emergency procedures any drugs, biological products, or devices to prevent or treat COVID-19; and (2) requires the Department of Health and Human Services to study the effectiveness of COVID-19 vaccines and treatments, preparedness for future pandemics, and related matters. The Government Accountability Office must also audit certain federal funding for COVID-19 activities and programs.

Similar Bills

No similar bills found.