[Congressional Record Volume 157, Number 185 (Monday, December 5, 2011)]
[Senate]
[Page S8179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         DEFENSE AUTHORIZATION


                              Section 647

  Mr. KOHL. Mr. President, I understand there has been some confusion 
about the application of section 647 of the National Defense 
Authorization Act for Fiscal Year 2008, which is codified in 10 U.S.C. 
12731(f). This law reduces the eligibility age for retired pay for non-
regular service, to provide a benefit to Reserve component members 
called to Active Duty in support of a contingency operation. Mr. 
President, 10 U.S.C. 101(a)(13)(B) defines contingency operation to 
include section 688 relating to the ordering of retired members to 
Active Duty but does not include section 688a, added in response to 9/
11 and relating to the ordering to Active Duty of retired members in 
high-demand, low-density assignments.
  I filed an amendment to resolve this inconsistency by including 
mobilizations under section 688a to qualify for earlier receipt of 
Reserve retired pay under 10 U.S.C. 12731(f). However, I would withdraw 
my amendment if we can clarify that the provisions of 10 U.S.C. 
12731(f) should include mobilizations under 10 U.S.C. 688a.
  I ask the chairman of the Armed Services Committee whether he 
understands that Reserve retirees recalled to Active Duty in support of 
a contingency operation should qualify for earlier receipt of reserve 
retired pay under section 12731(f).
  Mr. LEVIN. I agree that the authorities allowing for earlier receipt 
of Reserve retired pay should apply to members of the retired Reserve 
called to Active Duty in support of a contingency operation to the same 
extent it applies to other members of the reserves.
  Mr. KOHL. I agree with the chairman.

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