[Congressional Record Volume 167, Number 199 (Tuesday, November 16, 2021)]
[Senate]
[Page S8275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4683. Mr. LANKFORD 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. DELAY OF COVID-19 VACCINE MANDATE FOR MEMBERS OF 
                   THE ARMED FORCES AND ADDITIONAL REQUIREMENTS 
                   RELATING TO VACCINE MANDATES.

       (a) Delay of Vaccine Mandate.--The Secretary of Defense may 
     not require members of the Armed Forces to receive the 
     vaccination for coronavirus disease 2019 (commonly known as 
     ``COVID-19'') or penalize such members for not receiving such 
     vaccine until the date on which all religious and medical 
     accommodation requests seeking an exemption from such a 
     requirement have been individually evaluated with a final 
     determination and all appeal processes in connection with any 
     such requests have been exhausted.
       (b) Private Right of Action Relating to COVID-19 
     Vaccination.--A member of the Armed Forces whose religious 
     accommodation request relating to the vaccination for 
     coronavirus disease 2019 is denied without written 
     individualized consideration or consultation with the Office 
     of the Chief of Chaplains for the military department 
     concerned to confirm that there is a compelling interest in 
     having the member receive such vaccination and that mandating 
     vaccination is the least restrictive means of furthering that 
     interest shall have a cause of action for financial damages 
     caused by the harm to their military career, retirement, or 
     benefits.
       (c) Consultation With Offices of Chief of Chaplains 
     Regarding Religious Accommodations.--
       (1) In general.--The final accommodation authority for each 
     military department shall consult with the Office of the 
     Chief of Chaplains for the military department concerned 
     before denying any religious accommodation request.
       (2) Procedures for religious exemption requests.--The 
     Secretary of Defense shall consult with the members of the 
     Armed Forces Chaplains Board in determining the general 
     procedure for processing religious exemption requests.
       (3) Determinations relating to religious belief or 
     conscience.--No determinations shall be made regarding the 
     sincerity of the religious belief or conscience of a member 
     of the Armed Forces by the final accommodation authority 
     without the documented consultation of a chaplain with the 
     member.
       (d) Inspector General Investigation Regarding Religious 
     Accommodations.--Not later than 60 days after the date of the 
     enactment of this Act, the Inspector General of the 
     Department of Defense shall complete an investigation into 
     whether each of the military departments has complied with 
     Federal law (including the Religious Freedom Restoration Act 
     of 1993 (42 U.S.C. 2000bb et seq.)), Department of Defense 
     Instruction 1300.17, and other policies of the military 
     departments relevant to determining religious accommodations 
     for vaccination requirements.
                                 ______