[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5257]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5781. Mr. MARSHALL 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. PROHIBITION ON ADVERSE PERSONNEL ACTIONS TAKEN 
                   AGAINST MEMBERS OF THE ARMED FORCES BASED ON 
                   DECLINING COVID-19 VACCINE.

       (a) Findings.--Congress finds the following:
       (1) The Secretary of Defense has announced a COVID-19 
     vaccine mandate will take effect for the Department of 
     Defense.
       (2) Reports of adverse actions being taken, or threatened, 
     by military leadership at all levels are antithetical to our 
     fundamental American values.
       (3) Any discharge other than honorable denotes a 
     dereliction of duty or a failure to serve the United States 
     and its people to the best of the ability of an individual.
       (b) Prohibition.--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.''.
       (c) 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.''.



 =========================== NOTE =========================== 

  
  On page S5257, September 28, 2022, beginning in the first 
column, the following appears: SA 5781. Mr. MARSHALL 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 D 
of title I, add the following: SEC. 144. PROCUREMENT AUTHORITY FOR 
COMMERCIAL ENGINEERING SOFTWARE. 4 (a) PROCUREMENT AUTHORITY. -- 
The Secretary of the Air Force may enter into one or more 
contracts for 6 the procurement of commercial engineering software 
to 7 meet the digital transformation goals and objectives of the 8 
Department of the Air Force. (b) INCLUSION OF PROGRAM ELEMENT IN 
BUDGET MATERIALS. -- In the materials submitted by the Secretary 
of the Air Force in support of the budget of the President 2 for 
fiscal year 2024 (as submitted to Congress pursuant 3 to section 
1105 of title 31, United States Code), the Secretary shall include 
a program element dedicated to the 5 procurement and management of 
the commercial engineer- 6 ing software described in subsection 
(a). (c) REVIEW. -- ln carrying out subsection (a), the Secretary 
of the Air Force shall -- (1) review the commercial physics-based 
simulation marketspace; and (2) conduct research on providers of 
commercial software capabilities that have the potential to 
expedite the progress of digital engineering initiatives across 
the weapon system enterprise, with a particular focus on 
capabilities that have the potential to generate significant life-
cycle cost savings, streamline and accelerate weapon system 
acquisition, and provide data-driven approaches to inform 
investments by the Department of the Air Force. (d) REPORT. -- Not 
later than March 1, 2023, the Secretary of the Air Force shall 
submit to the congressional defense committees a report that 
includes- (1) an analysis of specific physics-based simulation 
capability manufacturers that deliver high mis sion impact with 
broad reach into the weapon system enterprise of the Department of 
the Air Force; and (2) a prioritized list of programs and offices 
of the Department of the Air Force that could better utilize 
commercial physics-based modeling and simulation and opportunities 
for the implementation of such modeling and simulation 
capabilities within the Department.
  
  The online Record has been corrected to read: SA 5781. Mr. 
MARSHALL 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. PROHIBITION ON ADVERSE PERSONNEL ACTIONS 
TAKEN AGAINST MEMBERS OF THE ARMED FORCES BASED ON DECLINING 
COVID-19 VACCINE. (a) FINDINGS. -- Congress finds the following: 
(1) The Secretary of Defense has announced a COVID<3-line }>19 
vaccine mandate will take effect for the Department of Defense. 
(2) Reports of adverse actions being taken, or threatened, by 
military leadership at all levels are antithetical to our 
fundamental American values. (3) Any discharge other than 
honorable denotes a dereliction of duty or a failure to serve the 
United States and its people to the best of the ability of an 
individual. (b) PROHIBITION. -- 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.''. (c) 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.''.


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