H.R. 4871

119th CONGRESS 1st Session

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 · Sponsor: Mr. Zinke

Table of contents

• H.R. 4871
  • SEC. 1. Short title
  • SEC. 2. Remedies for members of uniformed services discharged for not complying with COVID–19 vaccination mandate

SEC. 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:
    • 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.
    • The term , 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: covered discharge
    • The term covered member means any individual who—
    • The term COVID–19 vaccination mandate means—
    • The term pay has the meaning given that term in section 101 of title 37, United States Code.
    • 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—
      • 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
      • 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.
    • In general
  • (2) Monetary remedies
    • 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.
      • Compensation for inactive-duty training
    • (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:
      • 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).
      • 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—
        • to have completed 20 years of service; and
        • 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.
      • 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
• (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.