AMERICANS Act
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S 29 — AMERICANS Act
Last action — Read twice and referred to the Committee on Armed Services.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress.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process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate.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.
Bill Text
- Introduced Introduced in Senate Current html January 24, 2023
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill introduces new provisions that prohibit adverse actions against military members based on COVID-19 vaccination status and offers remedies for those affected by such actions.
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10 U.S.C. 1161 note prec.
to obey lawful order to receive→ to receiveThis change modifies the section heading to remove the requirement to obey an order related to receiving the vaccine.
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10 U.S.C. 1161 note prec.
a lawful order→ an orderThis change simplifies the language regarding orders related to receiving the vaccine.
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10 U.S.C. 1161 note prec.
shall be→ shall be an honorable discharge.This change clarifies that the outcome for non-compliance with the vaccine mandate will be an honorable discharge.
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10 U.S.C. 1161 note prec.
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.
This addition prevents any adverse action against service members for refusing the COVID-19 vaccine.
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10 U.S.C. 1161 note prec.
At the election of a covered member discharged or subject to adverse action based on the member's COVID-19 vaccination status, and upon application through a process established by the Secretary of Defense, the Secretary shall—
This provision allows members affected by COVID-19 vaccination policies to seek specific remedies.
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10 U.S.C. 1161 note prec.
adjust to 'honorable discharge' the status of the member if—
This enables the adjustment of discharge status to honorable for those affected by vaccination mandate enforcement.
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10 U.S.C. 1161 note prec.
reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation...
This allows for reinstatement of members to their previous service status if discharged due to vaccination status.
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10 U.S.C. 1161 note prec.
restore the member to the highest grade held prior to such adverse action...
This enables restoration of rank for members subjected to adverse actions based on vaccination status.
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10 U.S.C. 1161 note prec.
expunge from the service record of the member any adverse action, to include non-punitive adverse action and involuntary separation...
This mandates the removal of any adverse records related to vaccination status.
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10 U.S.C. 1161 note prec.
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.
This ensures that reinstated members have their separation period counted for retirement pay calculations.
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10 U.S.C. 1161 note prec.
The Secretary of Defense shall—
This imposes new responsibilities on the Secretary of Defense regarding unvaccinated members.
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10 U.S.C. 1161 note prec.
make every effort to retain covered members who are not vaccinated against COVID-19...
This requires proactive measures to retain unvaccinated members in the military.
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10 U.S.C. 1161 note prec.
only consider the COVID-19 vaccination status of a covered member in making deployment, assignment, and other operational decisions...
This limits when vaccination status can influence deployment and assignment decisions.
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10 U.S.C. 1161 note prec.
create a process to provide COVID-19 vaccination exemptions to covered members with—
This introduces a framework for granting exemptions to service members based on various criteria.
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10 U.S.C. 1161 note prec.
The prohibitions and remedies described in this section shall apply to covered members regardless of whether or not they sought an accommodation...
This ensures that protections are afforded regardless of whether members sought exemptions from the policy.
Action History
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Introduced in Senate
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Read twice and referred to the Committee on Armed Services.
Sponsors
- Ted Cruz · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Cruz, Ted Republican
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does S 29 do?
- 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.
- Who sponsors S 29?
- S 29 is sponsored by Cruz, Ted (Republican).
- What is the current status of S 29?
- This bill died with 118th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track S 29?
- Track S 29 free on One Click Politics — get push/email alerts when it moves.
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