[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 208 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 208

 To amend title 10, United States Code, to ensure that members of the 
 reserve components of the Armed Forces who have served on active duty 
 or performed active service since September 11, 2001, in support of a 
 contingency operation or in other emergency situations receive credit 
 for such service in determining eligibility for early receipt of non-
          regular service retired pay, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2009

 Mr. Wilson of South Carolina (for himself and Mr. Bachus) introduced 
   the following bill; which was referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to ensure that members of the 
 reserve components of the Armed Forces who have served on active duty 
 or performed active service since September 11, 2001, in support of a 
 contingency operation or in other emergency situations receive credit 
 for such service in determining eligibility for early receipt of non-
          regular service retired pay, 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 Guardsmen and Reservists 
Parity for Patriots Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since September 11, 2001, members of the reserve 
        components of the Armed Forces have been sent into harm's way 
        and fought alongside members of the regular components of the 
        Armed Forces.
            (2) Between September 11, 2001, and January 28, 2008, more 
        than 600,000 members of the reserve components have been 
        mobilized in support of military operations in Iraq and 
        Afghanistan and for other contingency operations.
            (3) More than 142,000 members of the reserve components 
        have been mobilized more than once during this same period.
            (4) Section 647 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181, 122 Stat. 160) 
        consisted of an amendment to section 12731 of title 10, United 
        States Code, offering an earlier retirement benefit for members 
        of the reserve components who are mobilized in support of 
        contingency operations.
            (5) However, the amendment made by section 647 of the 
        National Defense Authorization Act for Fiscal Year 2008 only 
        considers service performed after the date of the enactment of 
        such Act, January 28, 2008, and this effective date fails to 
        recognize the service and sacrifice made by members of the 
        reserve components since September 11, 2001.

SEC. 3. CONSIDERATION OF SERVICE SINCE SEPTEMBER 11, 2001, IN 
              DETERMINING EARLY ELIGIBILITY FOR RECEIPT OF NON-REGULAR 
              SERVICE RETIRED PAY.

    Subsection (f) of section 12731 of title 10, United States Code, as 
added by section 647 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181, 122 Stat. 160), is amended in 
paragraph (2)(A)--
            (1) by striking ``the date of the enactment of the National 
        Defense Authorization Act for Fiscal Year 2008'' and inserting 
        ``September 11, 2001''; and
            (2) by striking ``in any fiscal year after such date'' and 
        inserting ``such duty or service after that date during fiscal 
        year 2002 and any subsequent fiscal year''.
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