S.Amdt. 4863

SA 4863. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 proposed by Mr. Reed 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 G title V, add the following:

SEC. 596. PROHIBITION ON DISCHARGING OR WITHHOLDING PAY OR
BENEFITS FROM NATIONAL GUARD MEMBERS BASED ON
COVID-19 VACCINATION STATUS.

(a) In General.--The Secretary of Defense shall not, based
on whether or not a member of the National Guard has received
a COVID-19 vaccine, take any of the following actions:
(1) Involuntarily discharge or discipline the member under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).
(2) Withhold pay or benefits from the member.
(3) Prohibit the member from participating in training or
using equipment funded by amounts appropriated by an Act of
Congress.
(b) Pay and Benefits Included.--The pay and benefits
referred to in subsection (a)(2) include the following:
(1) Basic pay and special pay under title 37, United States
Code, or title 10, United States Code.
(2) Medical and dental care under chapter 55 of title 10,
United States Code.
(3) Transitional health benefits under section 1145 of such
title.
(4) Commissary and exchange benefits under section 1146 of
such title.
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