[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 421. Mr. CRUZ (for himself, Mr. Marshall, Mr. Scott of Florida, 
Mr. Risch, Mr. Paul, Mr. Daines, Mr. Crapo, Mr. Barrasso, Mr. Braun, 
Ms. Lummis, and Mrs. Blackburn) submitted an amendment intended to be 
proposed by him to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 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 appropriate place in title V, insert the following:

     SEC. __. REMEDIES FOR MEMBERS OF THE ARMED FORCES DISCHARGED 
                   OR SUBJECT TO ADVERSE ACTION 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     replacement for the mandate rescinded under section 525 of 
     the James M. Inhofe National Defense Authorization Act for 
     Fiscal Year 2023 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 
     Subject to Adverse Action Based on COVID-19 Status.--At the 
     election of a covered member discharged or subject to adverse 
     action based on the member's COVID-19 vaccination status, 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 reduction in rank 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 adverse action 
     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 adverse action, allowing, however, for any reduction in 
     rank 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 adverse action;
       ``(4) expunge from the service record of the member any 
     adverse action, to include non-punitive adverse action and 
     involuntary separation, as well as any reference to any such 
     adverse action, based solely on COVID-19 vaccination status; 
     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) Retention and Development of Unvaccinated Members.--
     The Secretary of Defense shall--
       ``(1) make every effort to retain covered members who are 
     not vaccinated against COVID-19 and provide such members with 
     professional development, promotion and leadership 
     opportunities, and consideration equal to that of their 
     peers;
       ``(2) only consider the COVID-19 vaccination status of a 
     covered member in making deployment, assignment, and other 
     operational decisions where--
       ``(A) the law or regulations of a foreign country require 
     covered members to be vaccinated against COVID-19 in order to 
     enter that country; and
       ``(B) the covered member's presence in that foreign country 
     is necessary in order to perform their assigned role; and
       ``(3) for purposes of deployments, assignments, and 
     operations described in paragraph (2), create a process to 
     provide COVID-19 vaccination exemptions to covered members 
     with--
       ``(A) a natural immunity to COVID-19;
       ``(B) an underlying health condition that would make COVID-
     19 vaccination a greater risk to that individual than the 
     general population; or
       ``(C) sincerely held religious beliefs in conflict with 
     receiving the COVID-19 vaccination.
       ``(e) Applicability of Remedies Contained in This 
     Section.--The prohibitions and remedies described in this 
     section shall apply to covered members regardless of whether 
     or not they sought an accommodation to any Department of 
     Defense COVID-19 vaccination policy on any grounds.''.
                                 ______