Pub. L. 106-65, div. A, tit. V, subtit. J, sec. 586

MEMBERS UNDER BURDENSOME PERSONNEL TEMPO.

EnactedYear: 1999Length: 1,020 wordsOfficial source
SEC. 586. MEMBERS UNDER BURDENSOME PERSONNEL TEMPO. (a) Management of Deployments of Individual Members.—Part II of subtitle A of title 10, United States Code, is amended by inserting after chapter 49 the following new chapter: “CHAPTER 50—MISCELLANEOUS COMMAND RESPONSIBILITIES “Sec. “991. Management of deployments of members. “§ 991. Management of deployments of members “(a) General or Flag Officer Responsibilities.—(1) The deployment (or potential deployment) of a member of the armed forces shall be managed, during any period when the member is a high-deployment days member, by the officer in the chain of command of that member who is the lowest-ranking general or flag officer in that chain of command. That officer shall ensure that the member is not deployed, or continued in a deployment, on any day on which the total number of days on which the member has been deployed out of the preceding 365 days would exceed 220 unless an officer in the grade of general or admiral in the member’s chain of command approves the deployment, or continued deployment, of the member. “(2) In this section, the term ‘high-deployment days member’ means a member who has been deployed 182 days or more out of the preceding 365 days. “(b) Deployment Defined.—(1) For the purposes of this section, a member of the armed forces shall be considered to be deployed or in a deployment on any day on which, pursuant to orders, the member is performing service in a training exercise or operation at a location or under circumstances that make it impossible or infeasible for the member to spend off-duty time in the housing in which the member resides when on garrison duty at the member’s permanent duty station. “(2) For the purposes of this section, a member is not deployed or in a deployment when the member is— “(A) performing service as a student or trainee at a school (including any Government school); or “(B) performing administrative, guard, or detail duties in garrison at the member’s permanent duty station. “(3) The Secretary of Defense may prescribe a definition of deployment for the purposes of this section other than the definition 113 STAT. 638specified in paragraphs (1) and (2). Any such definition may not take effect until 90 days after the date on which the Secretary notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives of the revised standard definition of deployment. “(c) Recordkeeping.—The Secretary of each military department shall establish a system for tracking and recording the number of days that each member of the armed forces under the jurisdiction of the Secretary is deployed. “(d) National Security Waiver Authority.—The Secretary of the military department concerned may suspend the applicability of this section to a member or any group of members under the Secretary’s jurisdiction when the Secretary determines that such a waiver is necessary in the national security interests of the United States. “(e) Inapplicability to Coast Guard.—This section does not apply to a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy.”. (b) Per Diem Allowance for Lengthy or Numerous Deployments.—Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section: “§ 435. Per diem allowance for lengthy or numerous deployments “(a) Per Diem Required.—The Secretary of the military department concerned shall pay a high-deployment per diem allowance to a member of the armed forces under the Secretary’s jurisdiction for each day on which the member (1) is deployed, and (2) has, as of that day, been deployed 251 days or more out of the preceding 365 days. “(b) Definition of Deployed.—In this section, the term ‘deployed’, with respect to a member, means that the member is deployed or in a deployment within the meaning of section 991(b) of title 10 (including any definition of ‘deployment’ prescribed under paragraph (3) of that section). “(c) Amount of Per Diem.—The amount of the high-deployment per diem payable to a member under this section is $100. “(d) Payment of Claims.—A claim of a member for payment of the high-deployment per diem allowance that is not fully substantiated by the recordkeeping system applicable to the member under section 991(c) of title 10 shall be paid if the member furnishes the Secretary concerned with other evidence determined by the Secretary as being sufficient to substantiate the claim. “(e) Relationship to Other Allowances.—A high-deployment per diem payable to a member under this section is in addition to any other pay or allowance payable to the member under any other provision of law. “(f) National Security Waiver.—No per diem may be paid under this section to a member for any day on which the applicability of section 991 of title 10 to the member is suspended under subsection (d) of that section.”. (c) Clerical Amendments.—(1) The tables of chapters at the beginning of subtitle A of title 10, United States Code, and the beginning of part II of such subtitle are amended by inserting after the item relating to chapter 49 the following new item: “50. Miscellaneous Command Responsibilities 991”.113 STAT. 639 (2) The table of sections at the beginning of chapter 7 of title 37, United States Code, is amended by inserting after the item relating to section 434 the following new item: “435. Per diem allowance for lengthy or numerous deployments.”. (d) Effective Date.—(1) Section 991 of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2000. No day on which a member of the Armed Forces is deployed (as defined in subsection (b) of that section) before that date may be counted in determining the number of days on which a member has been deployed for purposes of that section. (2) Section 435 of title 37, United States Code (as added by subsection (b)), shall take effect on October 1, 2001. (e) Implementing Regulations.—Not later than June 1, 2000, the Secretary of each military department shall prescribe in regulations the policies and procedures for implementing such provisions of law for that military department.
Pub. L. 106-65, div. A, tit. V, subtit. J, sec. 586: MEMBERS UNDER BURDENSOME PERSONNEL TEMPO. | Justis AI