[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4379 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4379

 To include State active duty in the calculation of creditable service 
     for members of the National Guard under certain circumstances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2022

 Mr. Peters (for himself and Mrs. Blackburn) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To include State active duty in the calculation of creditable service 
     for members of the National Guard under certain circumstances.

    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 ``No Guardsman Left Behind Act of 
2022''.

SEC. 2. INCLUSION OF STATE ACTIVE DUTY IN CALCULATION OF CREDITABLE 
              SERVICE FOR MEMBERS OF NATIONAL GUARD.

    Section 12732 of title 10, United States Code, is amended--
            (1) in subsection (b)(4), by striking ``Service'' and 
        inserting ``Except as provided in subsection (c), service''; 
        and
            (2) by adding at the end the following new subsection:
    ``(c) Special Rule for State Active Duty.--
            ``(1) In general.--Subject to regulations prescribed by the 
        Secretary of Defense, in the case of a member of the National 
        Guard who serves on State active duty during a one-year period 
        during which the member would, but for this subsection, be 
        credited with fewer than 50 points under subsection (a), such 
        service may be counted under subsection (a).
            ``(2) Computation.--Subject to paragraph (3), a member of 
        the National Guard described in paragraph (1) shall be credited 
        with 1 point for each day of State active duty during a one-
        year period described in that paragraph.
            ``(3) Limitation.--A member of the National Guard described 
        in paragraph (1) may be credited in a one-year period under 
        this subsection not more than the lesser of--
                    ``(A) the number of points required for the member 
                to be credited with 50 points under this section for 
                that one-year period; or
                    ``(B) 15 points.
            ``(4) State active duty defined.--In this subsection, the 
        term `State active duty' means full-time service at the order 
        of the Governor of a State or the Commonwealth of Puerto Rico, 
        Guam, or the Virgin Islands, or the commanding general of the 
        District of Columbia National Guard, pursuant to the law of the 
        State, the Commonwealth of Puerto Rico, Guam, the Virgin 
        Islands, or the District of Columbia, as the case may be.''.
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