II 

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 Post9/11 Educational Assistance Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard Edu5 cation Equality Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The National Guard, first established in 

2 1636, is the oldest component of the United States 

3 Armed Forces. 

4 (2) National Guard members have been ‘‘Al5 ways Ready and Always There’’ to protect and de6 fend the United States in times of crisis, both for7 eign and domestic. 

8 (3) Thirty-five thousand members of the Na9 tional Guard in State status under title 32, United 

10 States Code, have served the United States admi11 rably since September 11, 2001, but do not qualify 

12 for veterans educational assistance under chapter 33 

13 of title 38, United States Code (commonly referred 

14 to as ‘‘Post-9/11 Educational Assistance’’). 

15 (4) These National Guard members have duti16 fully served in the following capacities while in State 

17 status: 

18 (A) As domestic emergency responders, no19 tably after Hurricane Katrina in 2005. 

20 (B) In homeland security missions, such as 

21 Operation Jump Start, which deployed National 

22 Guard members to secure the United States23 Mexico border during 2007 and 2008. 

24 (C) In Operation Noble Eagle, an initiative 

25 by United States Northern Command to monVerDate Nov 24 2008 22:02 Sep 14, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1668.IS S1668

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1 itor and protect North American skies after 

2 September 11, 2001. 

3 SEC. 3. INCLUSION OF CERTAIN ACTIVE DUTY SERVICE IN 

4 THE RESERVE COMPONENTS AS QUALIFYING 

5 SERVICE FOR PURPOSES OF POST-9/11 EDU6 CATIONAL ASSISTANCE PROGRAM. 

7 Section 3301(1) of title 38, United States Code, is 

8 amended by adding at the end the following new subpara9 graph: 

10 ‘‘(C) In the case of members of the Army 

11 National Guard or Air National Guard of any 

12 State, full-time duty under title 32, including 

13 such duty— 

14 ‘‘(i) under orders from the Governor 

15 of a State or territory of the United States 

16 in response to a domestic emergency; 

17 ‘‘(ii) as part of the Active Guard Re18 serve; 

19 ‘‘(iii) as part of Air Sovereignty Alert; 

20 ‘‘(iv) as part of Operation Jumpstart; 

21 ‘‘(v) in response to Hurricane 

22 Katrina; 

23 ‘‘(vi) as part of an airport security 

24 mission; or 


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1 ‘‘(vii) as part of a counterdrug activ2 ity.’’. 

Æ 


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