[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1668 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1668

To amend title 38, United States Code, to provide for the inclusion of 
  certain active duty service in the Reserve components as qualifying 
 service for purposes of Post-9/11 Educational Assistance Program, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2009

  Mr. Bennet introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide for the inclusion of 
  certain active duty service in the Reserve components as qualifying 
 service for purposes of Post-9/11 Educational Assistance Program, and 
                          for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard Education Equality 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The National Guard, first established in 1636, is the 
        oldest component of the United States Armed Forces.
            (2) National Guard members have been ``Always Ready and 
        Always There'' to protect and defend the United States in times 
        of crisis, both foreign and domestic.
            (3) Thirty-five thousand members of the National Guard in 
        State status under title 32, United States Code, have served 
        the United States admirably since September 11, 2001, but do 
        not qualify for veterans educational assistance under chapter 
        33 of title 38, United States Code (commonly referred to as 
        ``Post-9/11 Educational Assistance'').
            (4) These National Guard members have dutifully served in 
        the following capacities while in State status:
                    (A) As domestic emergency responders, notably after 
                Hurricane Katrina in 2005.
                    (B) In homeland security missions, such as 
                Operation Jump Start, which deployed National Guard 
                members to secure the United States-Mexico border 
                during 2007 and 2008.
                    (C) In Operation Noble Eagle, an initiative by 
                United States Northern Command to monitor and protect 
                North American skies after September 11, 2001.

SEC. 3. INCLUSION OF CERTAIN ACTIVE DUTY SERVICE IN THE RESERVE 
              COMPONENTS AS QUALIFYING SERVICE FOR PURPOSES OF POST-9/
              11 EDUCATIONAL ASSISTANCE PROGRAM.

    Section 3301(1) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
                    ``(C) In the case of members of the Army National 
                Guard or Air National Guard of any State, full-time 
                duty under title 32, including such duty--
                            ``(i) under orders from the Governor of a 
                        State or territory of the United States in 
                        response to a domestic emergency;
                            ``(ii) as part of the Active Guard Reserve;
                            ``(iii) as part of Air Sovereignty Alert;
                            ``(iv) as part of Operation Jumpstart;
                            ``(v) in response to Hurricane Katrina;
                            ``(vi) as part of an airport security 
                        mission; or
                            ``(vii) as part of a counterdrug 
                        activity.''.
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