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-
tives 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’’. 
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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— 
(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 fol-
lowing 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 sub-
section: 
‘‘(b) LIMITATION.—In the case of a member retired 
under this section based on a disability described in sub-
clause (III) of subsection (a)(2)(B)(i), the Secretary con-
cerned 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 
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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 SEC-
RETARY 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: 
‘‘§ 1789A. Health care for members of the National 
Guard who incur disabilities while per-
forming 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 hos-
pital 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 fur-
nish 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 
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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 sec-
tion, 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 1789 the following new 
item: 
‘‘1789A. Health care for members of the National Guard who incur disabilities 
while performing State active duty.’’. 
Æ 
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