S. 3299

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.

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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