S.Amdt. 5781

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.”.