Pub. L. 108-136, div. A, tit. V, subtit. D, sec. 541

HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.

EnactedYear: 2003Length: 954 wordsOfficial source
SEC. 541. HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE.(a) Deployment Management.—Subsection (a) of section 991 of title 10, United States Code, is amended to read as follows:“(a) Management Responsibilities.—(1) The deployment (or potential deployment) of a member of the armed forces shall be managed to ensure that the member is not deployed, or continued 117 STAT. 1476 in a deployment, on any day on which the total number of days on which the member has been deployed—“(A) out of the preceding 365 days would exceed the one-year high-deployment threshold; or“(B) out of the preceding 730 days would exceed the two-year high-deployment threshold.“(2) In this subsection:“(A) The term ‘one-year high-deployment threshold’ means—“(i) 220 days; or“(ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness.“(B) The term ‘two-year high-deployment threshold’ means—“(i) 400 days; or“(ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness.“(3) A member may be deployed, or continued in a deployment, without regard to paragraph (1) if the deployment, or continued deployment, is approved by the Secretary of Defense. The authority of the Secretary under the preceding sentence may only be delegated to—“(A) a civilian officer of the Department of Defense appointed by the President, by and with the advise and consent of the Senate, or a member of the Senior Executive Service; or“(B) a general or flag officer in that member’s chain of command (including an officer in the grade of colonel, or in the case of the Navy, captain, serving in a general or flag officer position who has been selected for promotion to the grade of brigadier general or rear admiral (lower half) in a report of a selection board convened under section 611(a) or 14101(a) of this title that has been approved by the President).”.(b) Changes From Per Diem to High-Deployment Allowance.—(1) Subsection (a) of section 436 of title 37, United States Code, is amended to read as follows:“(a) Monthly Allowance.—The Secretary of the military department concerned shall pay a high-deployment allowance to a member of the armed forces under the Secretary’s jurisdiction for each month during which the member—“(1) is deployed; and“(2) at any time during that month—“(A) has been deployed for 191 or more consecutive days (or a lower number of consecutive days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); “(B) has been deployed, out of the preceding 730 days, for a total of 401 or more days (or a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); or“(C) in the case of a member of a reserve component, is on active duty—“(i) under a call or order to active duty for a period of more than 30 days that is the second (or 117 STAT. 1477 later) such call or order to active duty (whether voluntary or involuntary) for that member in support of the same contingency operation; or“(ii) for a period of more than 30 days under a provision of law referred to in section 101(a)(13)(B) of title 10, if such period begins within one year after the date on which the member was released from previous service on active duty for a period of more than 30 days under a call or order issued under such a provision of law.”.(2) Subsection (c) of such section is amended to read as follows:“(c) Rate.—The monthly rate of the allowance payable to a member under this section shall be determined by the Secretary concerned, not to exceed $1,000 per month.”.(3) Such section is further amended by adding at the end the following new subsections:“(g) Authority to Exclude Certain Duty Assignments.—The Secretary concerned may exclude members serving in specified duty assignments from eligibility for the high-deployment allowance while serving in those assignments. Any such specification of duty assignments may only be made with the approval of the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. Specification of a particular duty assignment for purposes of this subsection may not be implemented so as to apply to the member serving in that position at the time of such specification.“(h) Payment From Operation and Maintenance Funds.—The monthly allowance payable to a member under this section shall be paid from appropriations available for operation and maintenance for the armed force in which the member serves.”.(4) Such section is further amended—(A) in subsection (d), by striking “per diem”; (B) in subsection (e), by striking “per diem” and inserting “allowance”; and(C) in subsection (f)—(i) by striking “per diem” and inserting “allowance”; and(ii) by striking “day on which” and inserting “month during which”.(5)(A) The heading of such section is amended to read as follows:“§ 436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations” .(B) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: “436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations.”. (c) Changes to Reporting Requirement.—Section 487(b)(5) of title 10, United States Code, is amended to read as follows:“(5) For each of the armed forces, the description shall indicate, for the period covered by the report—“(A) the number of members who received the high-deployment allowance under section 436 of title 37;117 STAT. 1478“(B) the number of members who received each rate of allowance paid; “(C) the number of members who received the allowance for one month, for two months, for three months, for four months, for five months, for six months, and for more than six months; and“(D) the total amount spent on the allowance.”.
Pub. L. 108-136, div. A, tit. V, subtit. D, sec. 541: HIGH-TEMPO PERSONNEL MANAGEMENT AND ALLOWANCE. | Justis AI