S. 117 — AMERICANS Act

This section prohibits the Secretary of Defense from issuing a replacement COVID-19 vaccine mandate for the Armed Forces absent further congressional authorization and amends specified provisions of Section 736 of the National Defense Authorization Act for Fiscal Year 2022 (10 U.S.C. 1161 note prec.)—originally providing an honorable discharge for refusal to obey a lawful order to receive the COVID-19 vaccine—as follows: (1) Revises the section heading from one referencing "to obey lawful order to receive" to "to receive"; strikes "lawful order" for "order" in subsection (a); and specifies in subsection (a) that separation for refusing such an order results in an honorable discharge; (2) Prohibits adverse actions against covered members (i.e., Armed Forces members refusing the COVID-19 vaccine) based solely on such refusal; (3) Provides elected remedies, upon application, for covered members discharged or subject to adverse action based solely on COVID-19 vaccination status, including (A) upgrading discharge to honorable if it would have been honorable absent vaccine refusal, (B) reinstating to prior highest grade (excluding unrelated reductions) effective as of separation date, (C) for non-separation adverse actions restoring grade and compensating lost pay and benefits, (D) expunging all related adverse actions and references from records, and (E) crediting separation time toward retirement pay for reinstated members; (4) Requires retaining unvaccinated covered members with equal professional development, promotion, and leadership opportunities; limits consideration of vaccination status to foreign legal requirements for entry where presence is necessary, with exemptions for natural immunity, heightened health risks, or religious beliefs; (5) Releases former members separated for vaccine refusal from bonus repayment obligations and reimburses any prior repayments; and (6) Applies all prohibitions and remedies regardless of accommodation requests.