[Congressional Record Volume 167, Number 207 (Wednesday, December 1, 2021)]
[Senate]
[Page S8868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4863. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3867 proposed by Mr. Reed 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 G title V, add the following:

     SEC. 596. PROHIBITION ON DISCHARGING OR WITHHOLDING PAY OR 
                   BENEFITS FROM NATIONAL GUARD MEMBERS BASED ON 
                   COVID-19 VACCINATION STATUS.

       (a) In General.--The Secretary of Defense shall not, based 
     on whether or not a member of the National Guard has received 
     a COVID-19 vaccine, take any of the following actions:
       (1) Involuntarily discharge or discipline the member under 
     chapter 47 of title 10, United States Code (the Uniform Code 
     of Military Justice).
       (2) Withhold pay or benefits from the member.
       (3) Prohibit the member from participating in training or 
     using equipment funded by amounts appropriated by an Act of 
     Congress.
       (b) Pay and Benefits Included.--The pay and benefits 
     referred to in subsection (a)(2) include the following:
       (1) Basic pay and special pay under title 37, United States 
     Code, or title 10, United States Code.
       (2) Medical and dental care under chapter 55 of title 10, 
     United States Code.
       (3) Transitional health benefits under section 1145 of such 
     title.
       (4) Commissary and exchange benefits under section 1146 of 
     such title.
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