117 S4379 IS: No Guardsman Left Behind Act of 2022 U.S. Senate 2022-06-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 4379IN THE SENATE OF THE UNITED STATESJune 13, 2022Mr. Peters (for himself and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo include State active duty in the calculation of creditable service for members of the National Guard under certain circumstances.

1.

Short title

This Act may be cited as the No Guardsman Left Behind Act of 2022.

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..