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[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.
<all>
Introduced in House
Introduced in House
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.
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.
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