[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2780 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2780

  To amend title 10, United States Code, to prohibit certain adverse 
 personnel actions taken against members of the Armed Forces based on 
                    declining the COVID-19 vaccine.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2021

Mr. Marshall (for himself, Mr. Tuberville, Mr. Lankford, and Mr. Cruz) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to prohibit certain adverse 
 personnel actions taken against members of the Armed Forces based on 
                    declining the COVID-19 vaccine.

    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 ``COVID-19 Vaccine Dishonorable 
Discharge Prevention Act''.

SEC. 2. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN AGAINST MEMBERS 
              OF THE ARMED FORCES BASED ON DECLINING COVID-19 VACCINE.

    (a) Findings.--Congress finds the following:
            (1) The Secretary of Defense has announced a COVID-19 
        vaccine mandate will take effect for the Department of Defense.
            (2) Reports of adverse actions being taken, or threatened, 
        by military leadership at all levels are antithetical to our 
        fundamental American values.
            (3) Any discharge other than honorable denotes a 
        dereliction of duty or a failure to serve the United States and 
        its people to the best of the ability of an individual.
    (b) Prohibition.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1107a the following new section:
``Sec. 1107b. Prohibition on certain adverse personnel actions related 
              to COVID-19 vaccine requirement
    ``Notwithstanding any other provision of law, a member of the armed 
forces subject to discharge on the basis of the member choosing not to 
receive the COVID-19 vaccine may only receive an honorable 
discharge.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1107a the following new item:

``1107b. Prohibition on certain adverse personnel actions related to 
                            COVID-19 vaccine requirement.''.
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