[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.''.
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