US Federal 2023-2024 Regular Session

US Federal House Bill HB453

Introduced
1/24/23  

Caption

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This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress.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process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate.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.

Impact

If enacted, the bill would formally adjust the discharge status of any service member who was separated solely due to noncompliance with the COVID-19 vaccine mandate to 'honorable discharge.' Additionally, individuals who were subject to adverse actions related to their vaccination status would be able to seek remedies to restore their positions and receive pay and benefits lost due to such actions. The intention is to protect service members from punitive measures based on their vaccination choices, which has been a deeply contentious issue during the pandemic.

Summary

House Bill 453, known as the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023, aims to address the treatment of members of the Armed Forces who have been discharged or subjected to adverse actions under the COVID-19 vaccine mandate. The bill prohibits the Department of Defense (DOD) from reinstating any new COVID-19 vaccine mandates, which ensures that members cannot face consequences for their vaccination status unless expressly authorized by Congress. This aspect of the bill highlights the balance between military protocol and individual rights concerning health decisions.

Contention

Debates surrounding HB453 are likely to involve significant discussion about the implications of allowing military personnel exemptions from mandated health policies. Proponents argue that it safeguards individual rights and acknowledges legitimate health concerns such as natural immunity or personal beliefs. Conversely, opponents might contend that it could undermine military readiness and the health protocols designed to protect service members and the broader public from COVID-19. Thus, the bill encapsulates a broader debate about public health versus personal choice within the military context.

Companion Bills

US SB29

Identical bill 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.

Previously Filed As

US SB117

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.

US HF860

Income tax subtraction of back pay allowed for military members discharged due to the military's COVID-19 vaccination mandate.

US SF1590

Income tax subtraction of back pay permission for military members discharged due to the military's COVID-29 vaccination mandate

US H5856

Prohibits any person mandating a COVID-19 vaccination without providing individual exemptions that allow a person to opt out of such mandate.

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 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 HB05340

An Act Prohibiting The State From Mandating A Covid-19 Vaccination.

US HB121

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 HB3705

Relating to prohibiting vaccination mandates for members of the national guard.

US HB119

Freedom from Mandates Act This bill nullifies certain executive orders regarding COVID-19 safety and prohibits the Departments of Labor and Health and Human Services (HHS) from taking specified actions with respect to vaccination against COVID-19. Specifically, the bill nullifies Executive Order 14042 (relating to ensuring adequate COVID-19 safety protocols for federal contractors) and Executive Order 14043 (requiring COVID-19 vaccination for federal employees). Labor may not issue any rule requiring employers to mandate vaccination of employees against COVID-19 or requiring testing of employees who are unvaccinated. HHS may not (1) require a health care provider, as a condition of participation in the Medicare or Medicaid program, to mandate vaccination of employees against COVID-19 or require testing of employees who are unvaccinated; or (2) otherwise penalize such a provider for failure to mandate such vaccination or require such testing.

Similar Bills

No similar bills found.