[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4172 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4172

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 SENATE OF THE UNITED STATES

                              May 10, 2022

 Mr. Cruz (for himself, Mr. Rubio, Mr. Hawley, Mr. Marshall, Mr. Scott 
 of Florida, Mr. Johnson, Mr. Crapo, Mr. Cramer, Mr. Paul, Mr. Hoeven, 
  Mr. Lankford, Mr. Risch, Mr. Braun, and Mr. Daines) introduced the 
 following bill; which was read twice and 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.''.
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