To provide remedies to members of the Armed Forces discharged or subject to punishment under the COVID-19 vaccine mandate.

SA 6526. Mr. JOHNSON (for himself, Mr. Cruz, Mr. Risch, Mr. Marshall,
Mr. Braun, Mr. Crapo, Mr. Daines, Mrs. Hyde-Smith, Mr. Paul, Mr.
Hoeven, Mr. Hawley, Ms. Lummis, Mr. Graham, Mr. Lee, Mr. Scott of
Florida, Mr. Rubio, and Mr. Lankford) proposed an amendment to the bill
H.R. 7776, to provide for improvements to the rivers and harbors of the
United States, to provide for the conservation and development of water
and related resources, and for other purposes; as follows:

Insert after section 525 the following:

SEC. 525A. REMEDIES FOR MEMBERS OF THE ARMED FORCES
DISCHARGED OR SUBJECT TO PUNISHMENT 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replacement for the rescinded mandates under this Act absent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
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--
``(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 demotion 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 punishment
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 punishment, allowing, however, for any demotion 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 punishment;
``(4) expunge from the service record of the member any
reference to any adverse action based solely on COVID-19
status, including involuntary separation; 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) 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.''.
(c) Immediate Rescission of Mandate.--Notwithstanding the
deadline provided for in section 525, the rescission of the
COVID-19 mandate shall take effect immediately.
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