Supporting Disabled National Guardsmen Act

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.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4247 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4247

   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

                             June 30, 2021

  Mrs. Bice of Oklahoma (for herself, Ms. Sherrill, Mrs. Cammack, Mr. 
    Pfluger, Mr. Lucas, Ms. Jacobs of California, and Mr. Palazzo) 
 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 OF 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. 1789. 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 
1788 the following new item:

``1789. Health care for members of the National Guard who incur 
                            disabilities while performing State active 
                            duty.''.
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