II 111th CONGRESS 1st Session S. 1668 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.

1.

Short title

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

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.

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. .