[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4093. Mr. MARSHALL (for himself, Mr. Lankford, Mr. Scott of 
Florida, Mr. Wicker, Mr. Tuberville, Mr. Cruz, Mr. Johnson, Mr. Cramer, 
and Mr. Kennedy) submitted an amendment intended to be proposed to 
amendment SA 3867 submitted by Mr. Reed and intended to be proposed to 
the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle C of title VII, add the following:

     SEC. 744. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN 
                   AGAINST MEMBERS OF THE ARMED FORCES BASED ON 
                   DECLINING COVID-19 VACCINE.

       (a) In General.--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.''.
       (b) 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.''.
       (c) Applicability.--The prohibition under section 1107b of 
     title 10, United States Code, as added by subsection (a), 
     shall apply with respect to any discharge received on or 
     after December 11, 2020.
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