[Congressional Record Volume 168, Number 156 (Tuesday, September 27, 2022)]
[Senate]
[Pages S5080-S5081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5709. Mr. CRUZ (for himself, Mr. Rubio, Mr. Risch, Mr. Hoeven, Mr. 
Johnson, and Mr. Cramer) submitted an amendment intended to be proposed 
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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. 753. 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; 135 Stat. 1800) 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;

[[Page S5081]]

       ``(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) create and 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) by inserting before paragraph (2) the following new 
     paragraph:
       ``(1) The term `adverse action' includes discharge, 
     punishment, retaliation, disparate treatment, a requirement 
     to wear a mask, or a requirement to reside in substandard 
     housing or endure substandard 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.''.
                                 ______