2011 US Code
Title 37 - Pay and Allowances of the Uniformed Services
Chapter 7 - ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES (§§ 401 - 439)
Section 436 - High-deployment allowance: lengthy or numerous deployments; frequent mobilizations
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES CHAPTER 7 - ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES Sec. 436 - High-deployment allowance: lengthy or numerous deployments; frequent mobilizations |
Contains | section 436 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 106-65, div. A, title V, §586(b), Oct. 5, 1999, 113 Stat. 638, §435; renumbered §436 and amended Pub. L. 106-398, §1 [[div. A], title V, §574(c), title X, §1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A-137, 1654A-292; Pub. L. 107-107, div. A, title V, §592(a), Dec. 28, 2001, 115 Stat. 1125; Pub. L. 108-136, div. A, title V, §541(b)(1)-(5)(A), Nov. 24, 2003, 117 Stat. 1476, 1477; Pub. L. 112-81, div. A, title V, §530(a), Dec. 31, 2011, 125 Stat. 1403. |
Statutes at Large References | 113 Stat. 638, 639 114 Stat. 1654 115 Stat. 1125 117 Stat. 1476 125 Stat. 1403 |
Public Law References | Public Law 106-65, Public Law 106-398, Public Law 107-107, Public Law 108-136, Public Law 112-81 |
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(a)
(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 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.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(Added Pub. L. 106–65, div. A, title V, §586(b), Oct. 5, 1999, 113 Stat. 638, §435; renumbered §436 and amended Pub. L. 106–398, §1 [[div. A], title V, §574(c), title X, §1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–137, 1654A–292; Pub. L. 107–107, div. A, title V, §592(a), Dec. 28, 2001, 115 Stat. 1125; Pub. L. 108–136, div. A, title V, §541(b)(1)–(5)(A), Nov. 24, 2003, 117 Stat. 1476, 1477; Pub. L. 112–81, div. A, title V, §530(a), Dec. 31, 2011, 125 Stat. 1403.)
Amendments2011—Subsec. (a). Pub. L. 112–81 substituted “may pay” for “shall pay” in introductory provisions.
2003—Pub. L. 108–136, §541(b)(5)(A), substituted “High-deployment allowance: lengthy or numerous deployments; frequent mobilizations” for “Per diem allowance for lengthy or numerous deployments” in section catchline.
Subsec. (a). Pub. L. 108–136, §541(b)(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “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 401 or more days out of the preceding 730 days. The Secretary shall pay the allowance from appropriations available for operation and maintenance for the armed force in which the member serves.”
Subsec. (c). Pub. L. 108–136, §541(b)(2), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The amount of the high-deployment per diem payable to a member under this section is $100.”
Subsec. (d). Pub. L. 108–136, §541(b)(4)(A), struck out “per diem” before “allowance”.
Subsec. (e). Pub. L. 108–136, §541(b)(4)(B), substituted “allowance” for “per diem” after “high-deployment”.
Subsec. (f). Pub. L. 108–136, §541(b)(4)(C), substituted “allowance” for “per diem” and “month during which” for “day on which”.
Subsecs. (g), (h). Pub. L. 108–136, §541(b)(3), added subsecs. (g) and (h).
2001—Subsec. (a). Pub. L. 107–107 inserted at end “The Secretary shall pay the allowance from appropriations available for operation and maintenance for the armed force in which the member serves.”
2000—Pub. L. 106–398, §1 [[div. A], title X, §1087(b)(4)], renumbered section 435 of this title as this section.
Subsec. (a). Pub. L. 106–398, §1 [[div. A], title V, §574(c)(1)], substituted “401 or more days out of the preceding 730 days” for “251 days or more out of the preceding 365 days”.
Subsec. (b). Pub. L. 106–398, §1 [[div. A], title V, §574(c)(2)], substituted “prescribed under paragraph (4)” for “prescribed under paragraph (3)”.
Effective Date of 2011 AmendmentPub. L. 112–81, div. A, title V, §530(b), Dec. 31, 2011, 125 Stat. 1403, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 31, 2011].”
Effective DatePub. L. 106–65, div. A, title V, §586(d)(2), Oct. 5, 1999, 113 Stat. 639, provided that: “Section 435 [now 436] of title 37, United States Code (as added by subsection (b)) [this section], shall take effect on October 1, 2001.”
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