119-hr4871

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4871 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4871

To provide remedies to members of the uniformed services discharged for 
 not complying with the COVID-19 vaccination mandate.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 August 1, 2025

 Mr. Zinke (for himself, Mr. McCormick, Mr. Weber of Texas, Mr. Gosar, 
 Mr. Cloud, and Mr. Patronis) introduced the following bill; which was 
 referred to the Committee on the Judiciary, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
 fall within the jurisdiction of the committee concerned

_______________________________________________________________________

 A BILL

To provide remedies to members of the uniformed services discharged for 
 not complying with the COVID-19 vaccination mandate.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``COVID-19 Military Backpay Act of 
2025''.

SEC. 2. REMEDIES FOR MEMBERS OF UNIFORMED SERVICES DISCHARGED FOR NOT 
 COMPLYING WITH COVID-19 VACCINATION MANDATE.

    (a) 

=== Definitions. ===
-In this section:

    (1) Benefit.--The term ``benefit'' means any benefit 
 available under title 10 or 37, United States Code, including 
 retirement points earned as described in 

section 12732 of title 
 10, United States Code, medical and dental care under chapter 
 55 of that title, and educational assistance programs under 
 part IV of subtitle E of that title.

    (2) Covered discharge.--The term ``covered discharge'', 
 with respect to a covered member, means any the following, 
 resulting, in whole or in part, from the noncompliance of the 
 member with the COVID-19 vaccination mandate or from the COVID-
 19 vaccination status of the member:
        (A) Discharge or separation (including any 
 separation that may be considered to be voluntary) of 
 the member from a uniformed service.
        (B) Any cancellation or curtailment of active-duty 
 orders issued to the member.
            (C) Transfer of the member from an active to 
 inactive status.

    (3) Covered member.--The term ``covered member'' means any 
 individual who--
        (A) is or was a member of an active or reserve 
 component of a uniformed service or the National Guard; 
 and
        (B) was at any time subject to the COVID-19 
 vaccination mandate.

    (4) COVID-19 vaccination mandate.--The term ``COVID-19 
 vaccination mandate'' means--
        (A) the requirement of the Secretary of Defense to 
 receive a COVID-19 vaccination pursuant to the 
 memorandum dated August 24, 2021, and entitled 
 ``Mandatory Coronavirus Disease 2019 Vaccination of 
 Department of Defense Service Members''; and
        (B) any order or other requirement issued by any 
 uniformed service to implement the requirement 
 described in subparagraph
        (A) .

    (5) Pay.--The term ``pay'' has the meaning given that term 
 in 

section 101 of title 37, United States Code.

    (6) Uniformed services.--The term ``uniformed services'' 
 has the meaning given that term in 

section 101 of title 37, 
 United States Code.

    (b) Civil Actions.--

    (1) In general.--A covered member may file a civil action 
 in the Court of Federal Claims for a determination that the 
 covered discharge of the member was involuntary or unlawful.

    (2) Special rules for claims of involuntary discharge.--In 
 a claim that the covered discharge of a covered member was 
 involuntary--
        (A) it shall not be a defense that the discharge 
 was voluntary if the discharge resulted solely from the 
 noncompliance of the member with the COVID-19 
 vaccination mandate or the COVID-19 vaccination status 
 of the member; and
        (B) it shall be conclusive evidence that the 
 discharge was involuntary if the discharge 
 documentation of the member states that the member was 
 discharged for the convenience of the Government, for 
 failure to be world-wide deployable, or for misconduct.
            (c) Remedies.--

    (1) In general.--If the Court of Federal Claims determines 
 that the covered discharge of a covered member was involuntary 
 or unlawful, the Court shall award the member the remedies 
 specified in this subsection and such other remedies as may be 
 available at law or in equity from the Court.

    (2) Monetary remedies.--
        (A) Compensation for inactive-duty training.--In 
 the case of a covered member who is or was a member of 
 a reserve component of a uniformed service or the 
 National Guard, upon a determination by the Court of 
 Federal Claims that the covered discharge of the member 
 was involuntary or unlawful, the member is entitled to 
 compensation under 

section 206 of title 37, United 
 States Code, for inactive-duty training the member did 
 not perform if the member did not perform such training 
 as a result, in whole or in part, of the covered 
 discharge.
        (B) No reduction of claim for other compensation.--
 The amount paid to a covered member under subparagraph
        (A) shall not be reduced or offset by any amounts 
 received by the member from civilian employment after 
 the covered discharge.

    (3) Other remedies.--In addition to the other remedies 
 provided for under this subsection, the Court of Federal Claims 
 shall award the following to a covered member if the Court 
 determines that the covered discharge of the member was 
 involuntary or unlawful:
        (A) The member shall be deemed to have served for 
 the period beginning on the date of the covered 
 discharge of the member and ending at the end of the 
 member's term of service or enlistment contract, plus 
 the term of reenlistment or extension of service under 
 subparagraph
            (D) .
        (B) If the member would have completed 20 years of 
 service during the term of service or enlistment 
 contract during which the covered discharge occurred, 
 or during the term of reenlistment or extension of 
 service under subparagraph
            (D) , the member shall--
            (i) be deemed--
            (I) to have completed 20 years of 
 service; and
            (II) to have requested and received 
 the approval of the Secretary of 
 Defense for a retirement date 
 commencing on the first day of the 
 calendar month following the completion 
 of 20 years of service; and
            (ii) be paid retired pay or retainer pay 
 and other retirement benefits commensurate with 
 the member's rank and years of service.
            (C) If the member would have completed 18 years of 
 service during the term of service or enlistment 
 contract during which the covered discharge occurred, 
 or during the term of reenlistment or extension of 
 service under subparagraph
            (D) , the member shall be 
 deemed--
            (i) to have completed 18 years of service;
            (ii) to have requested and received the 
 approval of the Secretary of Defense for a 
 retirement date commencing on the first day of 
 the calendar month following the completion of 
 20 years of service; and
            (iii) in the case of an enlisted member, to 
 be eligible for retention in accordance with 
 

section 1176 of title 10, United States Code.
            (D) The member shall, notwithstanding any reentry 
 or reenlistment code on the discharge documentation of 
 the member--
            (i) be eligible to reenlist or otherwise 
 extend the service of the member; and
            (ii) be deemed to have reenlisted or 
 extended the service of the member for an 
 additional term of two years commencing on the 
 day after the end of the term of service or 
 enlistment contract of the member during which 
 the covered discharge occurred.
        (E) The member shall be awarded involuntary 
 separation pay under 

section 1174 of title 10, United 
 States Code, and the time in service and time in rank 
 for such pay shall be calculated to include service 
 through the end of the term of service or enlistment 
 contract during which the covered discharge occurred, 
 plus the term of reenlistment or extension of service 
 under subparagraph
            (D) .
            (d) Jurisdiction.--Notwithstanding 

section 1500 of title 28, United 
States Code, the Court of Federal Claims shall have jurisdiction over 
any civil action brought by a covered member relating to a covered 
discharge.

    (e) Coordination With Executive Order 14184.--The remedies 
available under this section are in addition to any remedies available 
pursuant to Executive Order 14184 (90 Fed. Reg. 8761; relating to 
reinstating service members discharged under the military's COVID-19 
vaccination mandate).

    (f) Applicability.--This section applies with respect to claims 
relating to covered discharges pending before the Court of Federal 
Claims on or after the date of the enactment of this Act.
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