The AMERICANS Act of 2025 seeks to provide remedies for members of the Armed Forces who faced adverse actions due to the COVID-19 vaccine mandate, while also preventing future mandates and ensuring equal opportunities for unvaccinated service members. It also mandates processes for COVID-19 vaccination exemptions based on natural immunity, underlying health conditions, or sincerely held religious beliefs.
Ted Cruz
Senator
TX
The "AMERICANS Act" aims to provide remedies for members of the Armed Forces who faced adverse actions due to the COVID-19 vaccine mandate. It restricts new mandates, prohibits negative actions against unvaccinated service members, and allows those discharged or negatively affected to apply for remedies such as discharge upgrades, reinstatement, compensation, and expungement of records. The Act prioritizes retaining unvaccinated members and limits consideration of vaccination status for deployment and assignment decisions, and provides exemptions for COVID-19 vaccination based on natural immunity, health conditions, or religious beliefs. Additionally, it terminates bonus repayment obligations for those separated for refusing the vaccine and reimburses any prior repayments.
AMERICANS Act: Relief for Service Members Affected by COVID-19 Vaccine Mandate, Limits Future DoD Authority
The "Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2025," or AMERICANS Act, significantly reshapes the military's handling of COVID-19 vaccination and provides recourse for service members impacted by previous mandates. The core of the bill prevents the Secretary of Defense from unilaterally imposing new COVID-19 vaccine mandates without explicit Congressional approval. It also prohibits any adverse actions against service members solely for refusing the COVID-19 vaccine.
Retroactive Remedies and Reinstatement
The bill provides several avenues of relief for those who faced discharge or other penalties due to their vaccination status. Service members can apply for an upgrade to an honorable discharge, reinstatement at their prior rank (with back pay calculated from the date of separation), and compensation for lost pay and benefits. Furthermore, any negative records tied to their vaccination status will be expunged. For example, a skilled mechanic discharged for refusing the vaccine could be reinstated, receive back pay, and have any record of the discharge removed, allowing them to continue their career progression seamlessly. The bill also explicitly includes the time of involuntary seperation in the calculation of retirement pay for reinstated members.
Retention, Deployment, and Exemptions
The AMERICANS Act prioritizes retaining unvaccinated service members. It mandates that these individuals receive equal opportunities for training, promotion, and leadership roles. The bill restricts using COVID-19 vaccination status in deployment decisions, except when required by the laws of a foreign country and the member's presence is deemed absolutely essential. Importantly, the bill establishes a clear process for exemptions based on natural immunity, existing health conditions, or sincerely held religious beliefs. This means a soldier with documented prior infection could be exempt from future requirements, based on their natural immunity.
Bonus Repayments and Broad Applicability
Crucially, the legislation addresses financial penalties. Service members discharged for vaccine refusal are released from any obligation to repay unearned portions of bonuses. Those who already made repayments will be reimbursed. The remedies and protections offered by the AMERICANS Act apply regardless of whether a service member previously sought an accommodation under the Department of Defense's COVID-19 vaccination policy (SEC. 2).