[Congressional Record Volume 168, Number 195 (Thursday, December 15, 2022)]
[Senate]
[Page S7260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6526. Mr. JOHNSON (for himself, Mr. Cruz, Mr. Risch, Mr. Marshall, 
Mr. Braun, Mr. Crapo, Mr. Daines, Mrs. Hyde-Smith, Mr. Paul, Mr. 
Hoeven, Mr. Hawley, Ms. Lummis, Mr. Graham, Mr. Lee, Mr. Scott of 
Florida, Mr. Rubio, and Mr. Lankford) proposed an amendment to the bill 
H.R. 7776, to provide for improvements to the rivers and harbors of the 
United States, to provide for the conservation and development of water 
and related resources, and for other purposes; as follows:

       Insert after section 525 the following:

     SEC. 525A. REMEDIES FOR MEMBERS OF THE ARMED FORCES 
                   DISCHARGED OR SUBJECT TO PUNISHMENT UNDER THE 
                   COVID-19 VACCINE MANDATE.

       (a) Limitation on Imposition of New Mandate.--The Secretary 
     of Defense may not issue any COVID-19 vaccine mandate as a 
     replacement for the rescinded mandates under this Act absent 
     a further act of Congress expressly authorizing a replacement 
     mandate.
       (b) Remedies.--Section 736 of the National Defense 
     Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 
     U.S.C. 1161 note prec.) is amended--
       (1) in the section heading, by striking ``to obey lawful 
     order to receive'' and inserting ``to receive'';
       (2) in subsection (a)--
       (A) by striking ``a lawful order'' and inserting ``an 
     order''; 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 (e); and
       (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 to service at the highest grade 
     held by the member immediately prior to the involuntary 
     separation, allowing, however, for any demotion that was not 
     related to the member's COVID-19 vaccination status, with an 
     effective date of reinstatement as of the date of involuntary 
     separation;
       ``(3) for any member who was subject to any punishment 
     other than involuntary separation based solely on the 
     member's COVID-19 vaccination status--
       ``(A) restore the member to the highest grade held prior to 
     such punishment, allowing, however, for any demotion that was 
     not related to the member's COVID-19 vaccination status, with 
     an effective date of reinstatement as of the date of 
     involuntary separation; and
       ``(B) compensate such member for any pay and benefits lost 
     as a result of such punishment;
       ``(4) expunge from the service record of the member any 
     reference to any adverse action based solely on COVID-19 
     status, including involuntary separation; and
       ``(5) 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 make every effort to retain members of the Armed Forces 
     who are not vaccinated against COVID-19.''.
       (c) Immediate Rescission of Mandate.--Notwithstanding the 
     deadline provided for in section 525, the rescission of the 
     COVID-19 mandate shall take effect immediately.
                                 ______