Supporting Disabled National Guardsmen Act

Bill Number

H.R. 1824

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Armed Forces and National Security

Status

Introduced

Latest Action

2025-03-27: Referred to the Subcommittee on Health.

Last Updated

2026-07-01T08:08:03Z

AI-Generated Summary

Purpose of the Legislation

The "Supporting Disabled National Guardsmen Act" (H.R. 1824) aims to provide federal retirement and health care benefits to National Guard members who suffer disabilities while on "State active duty." This is duty ordered by a state governor for state-specific missions, such as disaster response, which is distinct from federal military service. The bill extends protections to these members who previously might not qualify for such benefits.

Key Provisions

• Retirement Eligibility (Amendments to Title 10, U.S. Code, Section 1204):
• Adds "State active duty" as a qualifying type of service for disability retirement from the Armed Forces.
• Allows the Secretary of the military department (e.g., Army or Air Force) to retire a National Guard member if they incur a disability during this duty that makes them unfit for service.
• Limitation: Retired pay (a monthly pension based on years of service and disability rating) must be reduced if it overlaps with other federal or state benefits for the same disability, to avoid double payments.

• Health Care Eligibility (New Section 1789A in Title 38, U.S. Code):
• Makes National Guard members eligible for hospital care and medical services from the Department of Veterans Affairs (VA) to treat disabilities incurred during State active duty, including any related illnesses or conditions.
• Limitations:
• Services are provided only to the extent funded by Congress in annual budget laws (appropriations Acts).
• Reimbursement for care is available only after the member or provider has unsuccessfully pursued payment from third parties, such as private insurance (defined as any non-government payer, including health plans).
• Defines "State active duty" by reference to existing law (38 U.S.C. § 4303), meaning duty under state authority without federal pay or benefits.

Significant Changes to Existing Law

• Expansion of Coverage: Current law (10 U.S.C. § 1204) limits disability retirement to injuries from federal "active duty" (full-time federal orders) or "inactive-duty training" (part-time drills). This bill adds State active duty, closing a gap for state-ordered service.
• New VA Benefit Category: Title 38 previously did not explicitly cover VA health care for state-duty disabilities. The addition of § 1789A creates a dedicated provision, similar to benefits for federal service, but with strict funding and third-party payer requirements to control costs.
• No changes to disability ratings or overall benefit calculations; focuses solely on eligibility triggers.

Potential Impacts

• On Government Agencies:
• Department of Defense (DoD): Increased administrative burden to process retirement claims for state-duty injuries; potential higher costs for retired pay, offset by the duplication reduction clause.
• Department of Veterans Affairs (VA): Expanded eligibility could strain health care resources, but limited by appropriations and insurance exhaustion rules, potentially increasing wait times or costs if funding is insufficient.
• On Citizens:
• National Guard members and their families gain access to federal benefits for state-service injuries, improving financial and medical support (e.g., pensions and VA treatment without out-of-pocket costs after insurance).
• Broader public may see indirect benefits through better-prepared Guard units for state emergencies, as members face less personal risk.
• On International Relations: No direct impact, as the bill focuses on domestic state duties unrelated to foreign affairs.

Main Stakeholders Affected

• Primary Beneficiaries: National Guard members (part-time service personnel) who incur disabilities during state-ordered missions, such as natural disasters or civil unrest.
• Government Entities: DoD (handles retirements), VA (provides health care), and Congress (controls funding).
• States and Local Governments: Governors and state agencies that activate the Guard; they may see reduced state benefit costs due to federal offsets but could face coordination challenges.
• Secondary Groups: Families of affected Guard members (for dependent benefits) and private insurers (required to pay first before VA reimbursement).

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens uniformity in military benefits under federal law, potentially reducing litigation over gaps between state and federal service. The third-party payer and duplication clauses align with existing anti-fraud measures in veterans' laws, ensuring fiscal responsibility.
• Constitutional: Supports the federal government's role in equipping state militias (National Guard) per Article I, Section 8 of the U.S. Constitution, without infringing on state authority over activations.
• Political: Bipartisan sponsorship (introduced by Rep. Bice with Democrats) signals broad support for military personnel. Could set precedent for further expansions of federal benefits to state service, influencing future budgets amid debates on veteran care funding. No major controversies noted, as it addresses a recognized equity issue without broad entitlement changes.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bice, Stephanie I. [R-OK-5]

Cosponsors (6)

Rep. Sherrill, Mikie [D-NJ-11], Rep. Houlahan, Chrissy [D-PA-6], Rep. Gottheimer, Josh [D-NJ-5], Rep. Davis, Donald G. [D-NC-1], Rep. Sorensen, Eric [D-IL-17], Rep. Craig, Angie [D-MN-2]

Recent Actions

• 2025-03-27: Referred to the Subcommittee on Health.
• 2025-03-04: 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.
• 2025-03-04: 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.
• 2025-03-04: Introduced in House
• 2025-03-04: Introduced in House

Bill Versions

• Supporting Disabled National Guardsmen Act — issued 2025-03-04 — PDF (4 pages)