S. 4285
To ensure National Guard members performing full-time National Guard duty in support of Federal law enforcement operations receive benefits equivalent to those provided for service during a national emergency.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the Guard Equal Benefits for Federal Missions Act.
SEC. 2. TREATMENT OF CERTAIN TITLE 32 SERVICE AS NATIONAL EMERGENCY SERVICE.
- (a)In general—
Chapter 5 of title 32, United States Code, is amended by adding at the end the following new section:
511.Treatment of certain full-time National Guard duty for benefit eligibility(a)In generalFor purposes of any provision of law that provides benefits based on service in response to a national emergency, full-time National Guard duty performed under section 502(f) shall be treated as service in response to a national emergency if such duty—(1)is authorized by the President or the Secretary of Defense; and(2)is performed in direct support of Federal law enforcement operations, including operations conducted in coordination with—(A)U.S. Immigration and Customs Enforcement;(B)the Drug Enforcement Administration;(C)the Bureau of Alcohol, Tobacco, Firearms and Explosives; or(D)any other Federal law enforcement agency designated by the Secretary of Defense; and(3)is carried out for the purpose of addressing—(A)significant criminal activity;(B)drug trafficking;(C)organized crime; or(D)other threats to public safety as determined by the Secretary of Defense.(b)Benefits coveredService described in subsection (a) shall be deemed qualifying service for purposes of—(1)section 12731 of title 10 (retirement age reduction);(2)section 1145 of title 10 (Transitional Assistance Management Program);(3)chapter 33 of title 38 (Post-9/11 GI Bill); and(4)any other Federal benefit requiring service in response to a national emergency.(c)Rule of constructionNothing in this section shall be construed to limit the authority of the President to declare a national emergency.
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- (b)Clerical amendment—
The table of sections at the beginning of chapter 5 of title 32, United States Code, is amended by inserting after the item relating to section 510 the following new item:
511. Treatment of certain full-time National Guard duty for benefit eligibility.
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