S.Amdt. 6514

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

   Adds a section

   In H.R. 7776 · Engrossed Amendment House

   Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall rescind the mandate that members of the Armed Forces be vaccinated against COVID-19 pursuant to the memorandum dated August 24, 2021, regarding "Mandatory Coronavirus Disease 2019 Vaccination of Department of Defense Service Members".

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

   Inserted: (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of New Mandate.--The Secretary of Defense may not issue any COVID-19 vaccine mandate as a replacement for the rescinded mandates under this Act absent a further act of Congress expressly authorizing a replacement mandate.

   Inserted: (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--

   Inserted: (1) in the section heading, by striking "to obey lawful order to receive" and inserting "to receive";

   Inserted: (2) in subsection (a)--

   Inserted: (A) by striking "a lawful order" and inserting "an order"; and

   Inserted: (B) by striking "shall be" and all that follows through the period at the end and inserting "shall be an honorable discharge.";

   Inserted: (3) by redesignating subsection (b) as subsection (e); and

   Inserted: (4) by inserting after subsection (a) the following new subsections:

   Inserted: "(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.

   Inserted: "(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--

   Inserted: "(1) adjust to 'honorable discharge' the status of the member if--

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   Inserted: "(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

   Inserted: "(B) the discharge status of the member would have been an 'honorable discharge' but for the refusal to obtain such vaccine;

   Inserted: "(2) reinstate the member at the grade held by the member immediately prior to the involuntary separation or any other punishment received by the member based on the member's vaccine status;

   Inserted: "(3) expunge from the service record of the member any reference to any adverse action based solely on COVID-19 status, including involuntary separation; and

   Inserted: "(4) 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.

   Inserted: "(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.".

   Inserted: (c) Immediate Rescission of Mandate.--Notwithstanding the deadline provided for in section 525, the rescission of the COVID-19 mandate shall take effect immediately.

   Original wording

   Insert after section 525 the following:

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As printed