Herb Kohl: “I understand there has been some confusion about the application of section 647 of the National Defense Authorization…”

“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).”