I
119THCONGRESS
1
STSESSION 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
MARCH4, 2025
Mrs. B
ICE(for herself, Ms. SHERRILL, Ms. HOULAHAN, Mr. GOTTHEIMER,
and Mr. D
AVISof 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 deter-
mined 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 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
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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) I
NGENERAL.—’’ before 17
‘‘Upon a determination’’; and 18
(3) by adding at the end the following new sub-19
section: 20
‘‘(b) L
IMITATION.—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
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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) E
STABLISHMENT.—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) I
NGENERAL.—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) L
IMITATION.—(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
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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) S
TATEACTIVEDUTYDEFINED.—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) C
LERICALAMENDMENT.—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
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