This bill prohibits the Department of Defense (DOD) from taking specified actions against a member of the National Guard based on whether the member has received a COVID-19 vaccine. Specifically, DOD may not (1) involuntarily discharge or discipline the member, (2) withhold pay or benefits from the member, or (3) prohibit the member from participating in training or using equipment.
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.
                                                       Calendar No. 174

117th CONGRESS

  1st Session

                                S. 3299

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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.
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.
Official Titles - Senate
Official Title as 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.
Sen. Lankford, James