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HCR 3

A concurrent resolution to urge Congress to amend 38 U.S.C. § 5304 and 10 U.S.C. § 12316 to permit members of the United States reserves and National Guard to receive full or partial active service pay in tandem with disability compensation from the Department of Veterans Affairs.

2025-2026 Regular Session Introduced by Joey Andrews and 27 co-sponsors

Urges Congress to amend 38 U.S.C. §5304 and 10 U.S.C. §12316 to let Reserve and National Guard members receive VA disability pay concurrently with active-duty pay, full or partial.

referred to Committee on Government Operations
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Bill Summary · HCR 3

Summary — HCR 3 (House Concurrent Resolution No. 3)

Status: Introduced August 18, 2025; referred to Committee on Government Operations
Type: State concurrent resolution (non‑binding)
Primary purpose: Urge the U.S. Congress to amend 38 U.S.C. § 5304 and 10 U.S.C. § 12316 so members of the U.S. Reserves and National Guard may receive full or partial active service pay concurrently with Department of Veterans Affairs (VA) disability compensation.

Purpose / intent

The resolution asks Congress to change federal law that currently prevents many reservists and National Guard members from receiving VA disability payments for periods when they are paid active service pay. The sponsors characterize the prohibition as a disincentive to continued service and seek to allow simultaneous receipt of both forms of compensation (full or partial), removing what they describe as a “bitter choice” between financial security and continuing service.

Key provisions

  • Urges Congress to amend:
    • 38 U.S.C. § 5304 (limits on payment of VA benefits during active service), and
    • 10 U.S.C. § 12316 (statute governing certain pay and allowances for members of the Ready Reserve and National Guard), to permit members of the reserves and National Guard to receive VA disability compensation concurrently with active service pay (either full or partial).
  • Directs that copies of the resolution be transmitted to the President, the Secretary of Veterans Affairs, congressional leadership, and the state's congressional delegation.

Background / current law

  • Under current federal law (38 U.S.C. § 5304(c) and 10 U.S.C. § 12316), VA disability compensation generally may not be paid for periods when a veteran receives active service pay. A narrow exception exists for extended active duty during a declared war or national emergency.
  • As a result, reservists and Guard members called to active duty often must waive VA benefits for those periods or risk recoupment of excess payments.

Who would be affected

  • Primary beneficiaries would be veterans serving in the U.S. Reserves or National Guard who receive VA disability compensation and who perform active service (full‑time training, drills, active duty tours).
  • Federal agencies potentially affected: Department of Veterans Affairs (payment administration) and Department of Defense (pay policies).
  • State impact is primarily advocacy/statement of position; the resolution does not itself change federal law.

Potential impacts

  • Policy: Would remove a statutory barrier that can disincentivize veteran participation in reserve components, potentially improving retention and recruitment among disabled veterans who want to serve.
  • Fiscal: Amending federal law to permit concurrent payments could increase federal expenditures (VA/DoD). The resolution does not include any fiscal estimates.
  • Administrative: Changes would require coordination between VA and DoD pay systems and possibly new rules to govern partial offsets, verification of service periods, and preventing duplicate payments for the same compensation purpose.

Procedural notes

  • As a state concurrent resolution, HCR 3 is non‑binding on the federal government; it serves to express the legislature’s policy preference and to urge federal legislative action.
  • If adopted by the state legislature, the resolution would be transmitted to federal officials and the state’s congressional delegation for consideration.
  • Introduced Aug 18, 2025; referred to Committee on Government Operations. Sponsors include Representatives Tate, Rogers, Xiong, Young and many others.

Supporting details cited in the resolution

  • The resolution cites Michigan data (2023): 83.1% of Reserve/National Guard members were under age 41, and 31,155 individuals aged 17–44 in Michigan received VA disability compensation — used to illustrate the population that could benefit from the change.

Compiled from official sources — confirm details with the bill’s official record.

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