Modification of limitation on actions based solely on failure to obey an order to receive a vaccine for COVID–19

Section 736 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) is amended—(1)by amending the section heading to read as follows:

Limitations on punishment solely on basis of failure to obey order to receive COVID–19 vaccine

;(2)in subsection (a)—(A)by striking a lawful and inserting an; and(B)by striking shall be and all that follows through the period at the end and inserting shall be an honorable discharge;(3)by redesignating subsection (b) as subsection (f); (4)by inserting after subsection (a) the following new subsections:

(b)

Prohibition on adverse action

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.(c)

Remedies available for a covered member discharged or punished based on COVID–19 status

At the election of a covered member and upon application through a process established by the Secretary of Defense, the Secretary shall— (1)adjust to honorable discharge the status of the member if—(A)the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID–19; and(B)the discharge status of the member would have been an honorable discharge but for the refusal to obtain such vaccine;(2)reinstate the member at the grade held by the member immediately prior to the involuntary separation of the member;(3)expunge from the service record of the member any reference to any adverse action based solely on COVID–19 status, including involuntary separation; and(4)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.(d)

Attempt To avoid discharge

The Secretary of Defense shall—(1)make every effort to retain members of the Armed Forces who are not vaccinated against COVID–19; (2)create an exemption to the requirement that members of the Armed Forces be vaccinated against COVID–19 for such members with natural immunity; and (3)recognize an exemption to the requirement that members of the Armed Forces be vaccinated against COVID–19 based on an underlying health condition or the sincerely held religious beliefs of an individual member. (e)

Report on religious exemptions to COVID–19 vaccine

Not later than 90 days after the date of the enactment of the Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2022, the Secretary of Defense shall submit to Congress a report on the number of religious exemptions submitted by members of Armed Forces for the requirement that such members be vaccinated against COVID–19, which shall include how many were approved and how many denied, disaggregated by religious denomination.

; and

(5)in subsection (f), as redesignated by paragraph (3)—(A)by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;(B)inserting before paragraph (2) the following new paragraph (1):

(1)The term adverse action includes discharge, punishment, retaliation, disparate treatment, a requirement to wear a mask, or a requirement to reside in sub-standard housing or endure sub-standard conditions.

; and

(C)in paragraph (3), as redesignated by subparagraph (A)—(i)by striking means a member and inserting “means—

(A)a member

;

(ii)in subparagraph (A), as designated by clause (i), by striking the period at the end and insert a semicolon; and(iii)by adding at the end the following new subparagraphs:

(B)an individual enrolled at a military service academy; or(C)an individual enrolled in the Junior Reserve Officers’ Training Corps (JROTC) or Senior Reserve Officers’ Training Corps (SROTC) program.