S.Amdt. 4548

SA 4548. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
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. 744. DELAY OF COVID-19 VACCINE MANDATE FOR MEMBERS OF
THE ARMED FORCES AND ADDITIONAL REQUIREMENTS
RELATING TO RELIGIOUS ACCOMMODATIONS.

(a) Delay of Vaccine Mandate.--The Secretary of Defense may
not require members of the Armed Forces to receive the
vaccination for coronavirus disease 2019 (commonly known as
``COVID-19'') or penalize such members for not receiving such
vaccine until the date on which all religious and medical
accommodation requests filed before December 1, 2022, seeking
an exemption from such a requirement have been individually
evaluated with a final determination and all appeal processes
in connection with any such requests have been exhausted.
(b) Private Right of Action Relating to COVID-19
Vaccination.--A member of the Armed Forces whose religious
accommodation request relating to the vaccination for
coronavirus disease 2019 is denied without written
individualized consideration or consultation with the Office
of the Chief of Chaplains for the military department
concerned to confirm that there is a compelling interest in
having the member receive such vaccination and that mandating
vaccination is the least restrictive means of furthering that
interest shall have a cause of action for financial damages
caused by the harm to their military career, retirement, or
benefits.
(c) Consultation With Offices of Chief of Chaplains
Regarding Religious Accommodations.--
(1) In general.--The final accommodation authority for each
military department shall consult with the Office of the
Chief of Chaplains for the military department concerned
before denying any religious accommodation request.
(2) Procedures for religious exemption requests.--The
Secretary of Defense shall consult with the members of the
Armed Forces Chaplains Board in determining the general
procedure for processing religious exemption requests.
(3) Determinations relating to religious belief or
conscience.--No determinations shall be made regarding the
sincerity of the religious belief or conscience of a member
of the Armed Forces by the final accommodation authority
without the documented consultation of a chaplain with the
member.
(d) Inspector General Investigation Regarding Religious
Accommodations for COVID-19 Vaccination Mandate.--Not later
than 60 days after the date of the enactment of this Act, the
Inspector General of the Department of Defense shall complete
an investigation into whether each of the military
departments has complied with Federal law (including the
Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb
et seq.)), Department of Defense Instruction 1300.17, and
other policies of the military departments relevant to
determining religious accommodations for the requirement that
members of the Armed Forces receive the vaccination for
coronavirus disease 2019.
______