[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4378 Introduced in House (IH)]







108th CONGRESS
  2d Session
                                H. R. 4378

 To amend title 10, United States Code, to provide that members of the 
   National Guards who served in the counties declared disasters in 
 response to the September 11, 2001, terrorist attacks, and who served 
under State duty so that they could immediately assist in the response 
 to the terrorist attacks should have that service counted as Federal 
        active duty for purposes of military retirement credit.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2004

   Mrs. Maloney (for herself, Mr. King of New York, Mr. Hinchey, Mr. 
Towns, Mr. Walsh, Mr. Nadler, Mr. Serrano, Mr. Weiner, Mrs. McCarthy of 
  New York, and Mr. Israel) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to provide that members of the 
   National Guards who served in the counties declared disasters in 
 response to the September 11, 2001, terrorist attacks, and who served 
under State duty so that they could immediately assist in the response 
 to the terrorist attacks should have that service counted as Federal 
        active duty for purposes of military retirement credit.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE PERFORMED BY 
              MEMBERS OF THE NATIONAL GUARD ARISING FROM THE TERRORIST 
              ATTACKS OF SEPTEMBER 11, 2001.

    (a) Retirement Points.--Section 12732(a)(2)(A) of title 10, United 
States Code, is amended--
            (1) by striking ``or'' after clause (i);
            (2) by inserting ``or'' at the end of clause (ii); and
            (3) by adding at the end the following:
                            ``(iii) full-time service under title 32 
                        while performing duty to which the person was 
                        ordered immediately following the terrorist 
                        attacks on the United States of September 11, 
                        2001, in a county designated by the President 
                        by reason of such attacks as a Federal disaster 
                        area, while such service continued without a 
                        break in service;''.
    (b) Computation of Retirement.--Section 12733 of such title is 
amended by adding at the end the following:
            ``(6) The person's days of active service under title 32 
        described in clause (iii) of section 12732(a)(2)(A) of this 
        title.''.
    (c) Effective Date.--The amendments made by this section shall 
apply in the case of any person who became entitled to retired pay 
under chapter 1223 of title 10, United States Code, between September 
11, 2001, and the date of the enactment of this Act as if such 
amendments had been in effect on the day before the effective date of 
such person's entitlement to receive such retired pay.
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