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This bill would expand certain federal benefits for National Guard members who become disabled while serving on State active duty. It would allow those members to qualify for disability retirement in some cases and make them eligible for Department of Veterans Affairs health care to treat the disability and related conditions. The bill also includes limits to avoid paying the same benefit twice and says VA care would depend on available funding. In simple terms, it is meant to give National Guard members better support if they are injured while responding to state missions.
- It changes military retirement rules so a National Guard member disabled during State active duty can be considered for disability retirement.
- If the retired pay would overlap with other federal or state benefits for the same disability, the pay would be reduced to avoid double payment.
- It makes these members eligible for VA hospital care and medical services for the disability and any related illness or condition.
- VA care under this bill would be limited by future funding levels, and the VA could seek payment from other responsible third parties first when possible.
Official Summaries
Supporting Disabled National Guardsmen Act
This bill provides disability pay and medical care for members of the National Guard who were physically disabled as a result of state active duty. State active duty includes training or other duty in service to the governor of a state for which the member is not entitled to federal pay, but excludes required drills and field exercises.
The bill expands eligibility for Department of Defense retired pay to such members who are physically disabled as a result of state active duty after September 23, 1996. Such pay must be reduced if it is determined to duplicate any other federal or state benefit to such members based on disability.
The bill also makes such members eligible for hospital care and medical services from the Department of Veterans Affairs (VA) to treat the disability and any illness or condition arising from the disability. The VA may provide reimbursement for hospital care or medical services provided to such members only after a member or the provider of care has exhausted (without success) all claims and remedies reasonably available against a third party.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1824 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1824
To amend titles 10 and 38, United States Code, to extend certain
benefits to members of the National Guard who incur disabilities while
performing State active duty.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 4, 2025
Mrs. Bice (for herself, Ms. Sherrill, Ms. Houlahan, Mr. Gottheimer, and
Mr. Davis of North Carolina) introduced the following bill; which was
referred to the Committee on Armed Services, and in addition to the
Committee on Veterans' Affairs, 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 amend titles 10 and 38, United States Code, to extend certain
benefits to members of the National Guard who incur disabilities while
performing State active duty.
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 ``Supporting Disabled National
Guardsmen Act''.
SEC. 2. ELIGIBILITY OF A MEMBER OF THE NATIONAL GUARD FOR RETIREMENT
FROM THE ARMED FORCES BASED ON DISABILITY INCURRED WHILE
PERFORMING STATE ACTIVE DUTY.
Section 1204 of title 10, United States Code, is amended--
(1) in paragraph (2)(B)(i)--
(A) by striking ``active duty or inactive-duty
training;'' and inserting an em dash; and
(B) by inserting before clause (ii) the following
new subclauses:
``(I) active duty;
``(II) inactive-duty training; or
``(III) State active duty (as that
term is defined in section 4303 of
title 38);'';
(2) by inserting ``(a) In General.--'' before ``Upon a
determination''; and
(3) by adding at the end the following new subsection:
``(b) Limitation.--In the case of a member retired under this
section based on a disability described in subclause (III) of
subsection (a)(2)(B)(i), the Secretary concerned shall reduce retired
pay, computed under section 1401 of this title and paid to such member,
to the extent that the Secretary concerned determines such retired pay
duplicates any other Federal or State benefit to such member based on
such disability.''.
SEC. 3. ELIGIBILITY OF A MEMBER OF THE NATIONAL GUARD WHO INCURS A
DISABILITY WHILE PERFORMING STATE ACTIVE DUTY FOR HEALTH
CARE FURNISHED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Establishment.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 1789A. Health care for members of the National Guard who incur
disabilities while performing State active duty
``(a) In General.--Subject to subsection (b), a member of the
National Guard who incurs a disability while performing State active
duty shall be eligible for hospital care and medical services furnished
by the Secretary to treat such disability and any illness or condition
arising from such disability.
``(b) Limitation.--(1) The Secretary may only furnish hospital care
and medical services under subsection (a) to the extent and in the
amount provided in advance in appropriations Acts for such purpose.
``(2) The Secretary may provide reimbursement for hospital care or
medical services provided to an individual under this section only
after the individual or the provider of such care or services has
exhausted without success all claims and remedies reasonably available
to the individual or provider against a third party (as defined in
section 1725(f) of this title) for payment of such care or services,
including with respect to health-plan contracts (as defined in such
section).
``(c) State Active Duty Defined.--In this section, the term `State
active duty' has the meaning given that term in section 4303 of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1789 the following new item:
``1789A. Health care for members of the National Guard who incur
disabilities while performing State active
duty.''.
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