Supporting Disabled National Guardsmen Act

I 118TH CONGRESS 1ST SESSION H. R. 3628 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 MAY 24, 2023 Mrs. BICE (for herself, Ms. SHERRILL, Ms. SLOTKIN, Ms. JACOBS, and Mr. PFLUGER) introduced the following bill; which was referred to the Com- mittee 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 jurisdic- tion 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Supporting Disabled 4 National Guardsmen Act’’. 5 VerDate Sep 11 2014 05:09 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3628.IH H3628 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3628 IH SEC. 2. ELIGIBILITY OF A MEMBER OF THE NATIONAL 1 GUARD FOR RETIREMENT FROM THE ARMED 2 FORCES BASED ON DISABILITY INCURRED 3 WHILE PERFORMING STATE ACTIVE DUTY. 4 Section 1204 of title 10, United States Code, is 5 amended— 6 (1) in paragraph (2)(B)(i)— 7 (A) by striking ‘‘active duty or inactive- 8 duty training;’’ and inserting an em dash; and 9 (B) by inserting before clause (ii) the fol- 10 lowing new subclauses: 11 ‘‘(I) active duty; 12 ‘‘(II) inactive-duty training; or 13 ‘‘(III) State active duty (as that 14 term is defined in section 4303 of title 15 38);’’; 16 (2) by inserting ‘‘(a) IN GENERAL.—’’ before 17 ‘‘Upon a determination’’; and 18 (3) by adding at the end the following new sub- 19 section: 20 ‘‘(b) LIMITATION.—In the case of a member retired 21 under this section based on a disability described in sub- 22 clause (III) of subsection (a)(2)(B)(i), the Secretary con- 23 cerned shall reduce retired pay, computed under section 24 1401 of this title and paid to such member, to the extent 25 that the Secretary concerned determines such retired pay 26 VerDate Sep 11 2014 05:09 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3628.IH H3628 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3628 IH duplicates any other Federal or State benefit to such 1 member based on such disability.’’. 2 SEC. 3. ELIGIBILITY OF A MEMBER OF THE NATIONAL 3 GUARD WHO INCURS A DISABILITY WHILE 4 PERFORMING STATE ACTIVE DUTY FOR 5 HEALTH CARE FURNISHED BY THE SEC- 6 RETARY OF VETERANS AFFAIRS. 7 (a) ESTABLISHMENT.—Subchapter VIII of chapter 8 17 of title 38, United States Code, is amended by adding 9 at the end the following new section: 10 ‘‘§ 1789A. Health care for members of the National 11 Guard who incur disabilities while per- 12 forming State active duty 13 ‘‘(a) IN GENERAL.—Subject to subsection (b), a 14 member of the National Guard who incurs a disability 15 while performing State active duty shall be eligible for hos- 16 pital care and medical services furnished by the Secretary 17 to treat such disability and any illness or condition arising 18 from such disability. 19 ‘‘(b) LIMITATION.—(1) The Secretary may only fur- 20 nish hospital care and medical services under subsection 21 (a) to the extent and in the amount provided in advance 22 in appropriations Acts for such purpose. 23 ‘‘(2) The Secretary may provide reimbursement for 24 hospital care or medical services provided to an individual 25 VerDate Sep 11 2014 05:09 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3628.IH H3628 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3628 IH under this section only after the individual or the provider 1 of such care or services has exhausted without success all 2 claims and remedies reasonably available to the individual 3 or provider against a third party (as defined in section 4 1725(f) of this title) for payment of such care or services, 5 including with respect to health-plan contracts (as defined 6 in such section). 7 ‘‘(c) STATE ACTIVE DUTY DEFINED.—In this sec- 8 tion, the term ‘State active duty’ has the meaning given 9 that term in section 4303 of this title.’’. 10 (b) CLERICAL AMENDMENT.—The table of sections 11 at the beginning of such chapter is amended by inserting 12 after the item relating to section 1789 the following new 13 item: 14 ‘‘1789A. Health care for members of the National Guard who incur disabilities while performing State active duty.’’. Æ VerDate Sep 11 2014 05:09 Jun 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3628.IH H3628 kjohnson on DSK79L0C42PROD with BILLS