[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 948 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 948

 To amend title 10, United States Code, to provide that members of the 
 National Guard who served in the counties declared Federal disasters 
 areas in response to the September 11, 2001, terrorist attacks on the 
   United States, 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

                           February 17, 2005

  Mrs. Maloney (for herself, Mr. King of New York, Mr. Ackerman, Mr. 
 Hinchey, Mr. Rangel, Mr. Nadler, Mr. Bishop of New York, Mr. Serrano, 
 Mrs. Lowey, Mrs. McCarthy, Mr. Towns, and Mr. McNulty) 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 Guard who served in the counties declared Federal disasters 
 areas in response to the September 11, 2001, terrorist attacks on the 
   United States, 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'' at the end of clause (i);
            (2) by inserting ``or'' at the end of clause (ii); and
            (3) by inserting after clause (ii) the following new 
        clause:
                            ``(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 new paragraph:
            ``(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.
                                 <all>