HR 8281
Guard Equal Benefits for Federal Missions Act
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Bill overview
This bill aims to ensure that National Guard members who perform full-time duty in support of federal law enforcement operations receive the same benefits as those serving during a national emergency. Specifically, it redefines ‘national emergency service’ to include full-time National Guard duty undertaken for the purpose of addressing significant criminal activity or other public safety threats in coordination with various federal agencies. This would extend eligibility for several federal benefits, such as retirement age reductions and the Post-9/11 GI Bill.
Key provisions
- Defines full-time National Guard duty supporting federal law enforcement as ‘national emergency service’ for benefit eligibility.
- Specifies covered federal law enforcement agencies (ICE, DEA, ATF, and others).
- Requires duty to be authorized by the President or Secretary of Defense.
- Extends eligibility for retirement age reduction (section 12731 of title 10).
- Extends eligibility for the Transitional Assistance Management Program (section 1145 of title 10).
- Extends eligibility for the Post-9/11 GI Bill (chapter 33 of title 38).
- Broadens the definition of qualifying service to include other federal benefits requiring emergency service.
Who is affected
- National Guard members
- Federal law enforcement agencies (ICE, DEA, ATF, etc.)
- Veterans and service members eligible for federal benefits
Notable changes
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119th CONGRESS — 2d Session
H. R. 8281
IN THE HOUSE OF REPRESENTATIVES
A BILL
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.
This Act may be cited as the Guard Equal Benefits for Federal Missions Act
.
Chapter 5 of title 32, United States Code, is amended by adding at the end the following new section:
For 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—
is authorized by the President or the Secretary of Defense; and
is performed in direct support of Federal law enforcement operations, including operations conducted in coordination with—
U.S. Immigration and Customs Enforcement;
the Drug Enforcement Administration;
the Bureau of Alcohol, Tobacco, Firearms and Explosives; or
any other Federal law enforcement agency designated by the Secretary of Defense; and
is carried out for the purpose of addressing—
significant criminal activity;
drug trafficking;
organized crime; or
other threats to public safety as determined by the Secretary of Defense.
Service described in subsection (a) shall be deemed qualifying service for purposes of—
section 12731 of title 10 (retirement age reduction);
section 1145 of title 10 (Transitional Assistance Management Program);
chapter 33 of title 38 (Post-9/11 GI Bill); and
any other Federal benefit requiring service in response to a national emergency.
Nothing in this section shall be construed to limit the authority of the President to declare a national emergency.
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: