Section 1 Short title
This Act may be cited as the “Supporting Disabled National Guardsmen Act”.
Supporting Disabled National Guardsmen Act
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.
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—
in paragraph (2)(B)(i)—
by striking “active duty or inactive-duty training;” and inserting an em dash; and
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);”
by inserting “(a) In general.—” before “Upon a determination”; and
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
Establishment— Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
“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.”
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: