[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2097 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 2097

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2025

  Mr. Sheehy introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 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>