United States 117th Congress Status: In Committee 1 R cosponsors

HR 4247 — Supporting Disabled National Guardsmen Act

Last action — Referred to the Subcommittee on Health.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Sections of law this bill changes

1 section in 1 law

From the bill's own amending language, matched to the official United States Code (current through Public Law 119-121).

Retirement or separation for physical disability · 10 U.S.C. ch. 61 1 section
  • § 1204 Members on active duty for 30 days or less or on inactive-duty training: retirement Amends

    10 U.S.C. § 1204

    The law today

    Upon a determination by the Secretary concerned that a member of the armed forces not covered by section 1201, 1202, or 1203 of this title is unfit to perform the duties of his office, grade, rank, or rating because of physical disability, the Secretary may retire the member with retired pay computed under section 1401 of this title, if the Secretary also determines that— (1) based upon accepted medical principles, the disability is of a permanent nature and stable; (2) the disability— (A) was incurred before September 24, 1996, as the proximate result of— (i) performing active duty or inactive-duty training; (ii) traveling directly to or from the place at which such duty is performed; or (iii) an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence; (B) is a result of an injury, illness, or disease incurred or aggravated in line of duty after September 23, 1996— (i) while performing active duty or inactive-duty training; (ii) while traveling directly to or from the place at which such duty is performed; or (iii) while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training; or (C) is a result of an injury, illness, or disease incurred or aggravated in line of duty— (i) while the member was serving on funeral honors duty under section 12503 of this title or section 115 of title 32; (ii) while the member was traveling to or from the place at which the member was to so serve; or (iii) while the member remained overnight at or in the vicinity of that place immediately before so serving, if the place is outside reasonable commuting distance from the member’s residence; (3) the disability is not the result of the member’s intentional misconduct or willful neglect, and was not incurred during a period of unauthorized absence; and (4) either— (A) the member has at least 20 years of service computed under section 1208 of this title; or (B) the disability is at least 30 percent under the standard schedule of rating disabilities in use by the Department of Veterans Affairs at the time of the determination.

    2 other bills also change this section · Follow it → Official text at uscode.house.gov ↗

How this bill changes current law

4 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill amends existing law to extend benefits for National Guard members who incur disabilities while on State active duty.

  • 10 U.S.C. § 1204

    active duty or inactive-duty training; → — active duty; inactive-duty training; or State active duty (as that term is defined in section 4303 of title 38);

    The amendment expands the categories of service that could result in disability retirement to include State active duty.

  • 10 U.S.C. § 1204

    (a) In General.--

    This addition introduces a structural change to delineate the general provisions for the retirement of members.

  • 10 U.S.C. § 1204

    (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.

    This provision establishes that retired pay may be reduced if it duplicates other benefits the member receives for their disability.

  • 38 U.S.C. § 1789

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

    This creates a new section that ensures National Guard members disabled during State active duty receive health care from the Secretary of Veterans Affairs.

Action History

  1. Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

  2. Referred to the Subcommittee on Health.

  3. Introduced in House

  4. Introduced in House

  5. 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.

  6. 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.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

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Frequently asked questions

What does HR 4247 do?
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.
Who sponsors HR 4247?
HR 4247 is sponsored by Bice, Stephanie I. (Republican).
What is the current status of HR 4247?
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 4247?
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