S. 3299Senate117th Congress (2021-2023)Introduced

A bill to prohibit the Department of Defense from discharging or withholding pay or benefits from members of the National Guard based on COVID-19 vaccination status.

Introduced December 1, 2021

AI-Generated Summary

Updated February 8, 2026 at 8:20 AM UTC

The bill bars the Department of Defense from taking any employment action against National Guard members because of their COVID‑19 vaccination status. It prevents the DoD from firing, disciplining, withholding pay or benefits, or limiting training and equipment use based on whether a guard member is vaccinated. The rule would apply to all National Guard service members and covers all pay and benefit types listed in the law.

Key Provisions

  • The Secretary of Defense cannot involuntarily discharge or discipline a National Guard member for not being vaccinated against COVID‑19.
  • The DoD may not withhold any pay or benefits—including basic pay, special pay, medical and dental care, transitional health benefits, and commissary or exchange privileges—based on vaccination status.
  • The DoD cannot bar a National Guard member from participating in training or using equipment that is funded by congressional appropriations because of vaccination status.

Legislative Activity

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2 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 174.

December 2, 2021

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SenateIntro Referral

Introduced in Senate

December 1, 2021

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

December 1, 2021

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 174.

December 2, 2021

Floor Debate

22 members

What members said about S. 3299 on the floor

10 Republicans12 Democrats
Dan Sullivan
Sen. Dan SullivanR-AK · Dec 2, 2021

Madam President, it is Thursday, and it is usually the day I get to come down to the Senate floor. Usually, the Senate is kind of wrapping up things; we are still pretty busy right now. But it is the…

James Lankford
Sen. James LankfordR-OK · Dec 2, 2021

Mr. President, we have a problem in our Air National Guard right now. This body knows full well where I have been on vaccine mandates coming down from the President. I have adamantly opposed the…

Tom Cotton
Sen. Tom CottonR-AR · Dec 2, 2021

Madam President, in a couple of hours, Senator Schumer is bringing to the floor one of the most dangerous pro-crime, anti-cop U.S. nominees in American history. The Senate floor leader wants to ram…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Dec 2, 2021

Mr. President, I want to spend a quick moment saying a fond thank-you and farewell to a staff member of mine who is leaving. My deep gratitude to Ashley Harrington, who is off to great adventures.…

Rob Portman
Sen. Rob PortmanR-OH · Dec 2, 2021

Mr. President, I am here on the Senate floor today to talk, once again, about the so-called Build Back Better legislation that the Democrats are trying to force through this system on a purely…

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Christopher Murphy
Sen. Christopher MurphyD-CT · Dec 2, 2021

Mr. President, I am on the floor today to ask for unanimous consent from my colleagues to proceed to H.R. 8, the House- passed, bipartisan, comprehensive background checks bill. I want to tell you…

Roy Blunt
Sen. Roy BluntR-MO · Dec 2, 2021

Mr. President, this is always a very busy time of the year if we are still here, and it has been a long time since the Congress wasn't here in the first of December. There have been years within the…

Elizabeth Warren
Sen. Elizabeth WarrenD-MA · Dec 2, 2021

Madam President, I rise today in support of Rachael Rollins, the U.S. attorney nominee for the District of Massachusetts. Rachael grew up in Massachusetts. Her dad fought in Vietnam, and then…

Mike Lee
Sen. Mike LeeR-UT · Dec 2, 2021

Mr. President, this always happens near the kick-the-can funding deadlines that we are now approaching. There is controversy surrounding what will and what will not make it into the continuing…

Gary C. Peters
Sen. Gary C. PetersD-MI · Dec 2, 2021

Madam President, there are no words that can capture the terror and the tragedy of the horrific events that unfolded at Oxford High School on Tuesday afternoon. In a matter of minutes, a routine…

Richard Blumenthal
Sen. Richard BlumenthalD-CT · Dec 2, 2021

Mr. President, I wish I could end this exchange on a hopeful note. I have come here so many times wishing that an exchange like this one could lead to progress. And we have offered again and again…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Dec 2, 2021

Mr. President, I rise in support of my Connecticut colleagues in their effort to pass the bipartisan background check bill, H.R. 8. I want to thank my friends Senator Murphy and Senator Blumenthal…

Jeanne Shaheen
Sen. Jeanne ShaheenD-NH · Dec 2, 2021

Mr. President, I also originally planned to come to the floor this afternoon to ask unanimous consent to support the nomination of Mark Gitenstein to be U.S. Ambassador to the European Union. Mark is…

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Chuck Grassley
Sen. Chuck GrassleyR-IA · Dec 2, 2021

Reserving the right to object, I would like to give some remarks. I want to start off with a process question to all the 100 Senators. Obviously, this is an important issue with a lot of people.…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Dec 2, 2021

Madam President, first, I want to thank my colleague from Massachusetts for her very important comments about a very important, well-qualified nominee. Oxford High School Shooting Madam President,…

Todd Young
Sen. Todd YoungR-IN · Dec 2, 2021

Madam President, I rise today in tribute to Rev. Melvin Girton, the dean of pastors, a servant of God, and a great Hoosier. His death on October 29 has left a terrible absence, one that cannot be…

Mitt Romney
Sen. Mitt RomneyR-UT · Dec 2, 2021

Mr. President, I come to the floor to echo the sentiments of my colleague, Senator Marco Rubio. Our annual national defense bill is being held up because Speaker Pelosi and Leader Schumer are…

Jack Reed
Sen. Jack ReedD-RI · Dec 2, 2021

Mr. President, reserving my right to object, the Senator from Oklahoma, as he always does, has very thoughtfully identified a problem that is affecting our military forces. And he has also identified…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 2, 2021

Mr. President, pursuant to S. Res. 27, the Senate Judiciary Committee being tied on the question of reporting, I move to discharge the Senate Judiciary Committee from further consideration of the…

Tim Kaine
Sen. Tim KaineD-VA · Dec 2, 2021

Mr. President, Parliamentary inquiry. This is impromptu because I wasn't aware of this until the Senator from New Hampshire just spoke. Is it the case that a Senator making a live UC on the floor to…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 2, 2021

Madam President, I understand that there is a bill at the desk that is due for a second reading. In order to place the bill on the calendar under the provisions of rule XIV, I would object to further…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Dec 1, 2021

Madam President, I understand that there is a bill at the desk, and I ask for its first reading. Madam President, I now ask for a second reading, and in order to place the bill on the calendar under…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Dec 2, 2021

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I ask unanimous consent that all remaining time be yielded back. Mr. President, I ask for the…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 2, 2021

Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

Latest available legislative text

Reading Mode
Latest
Placed on Calendar SenateIssued December 2, 2021

II

Calendar No. 174

117th CONGRESS

1st Session

S. 3299

IN THE SENATE OF THE UNITED STATES

December 1, 2021

Mr. Lankford introduced the following bill; which was read the first time

December 2, 2021

Read the second time and placed on the calendar

A BILL

To prohibit the Department of Defense from discharging or withholding pay or benefits from members of the National Guard based on COVID–19 vaccination status.

1.

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.

December 2, 2021

Read the second time and placed on the calendar