§ 436. — Per diem allowance for lengthy or numerous deployments.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC436]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 436. High-deployment allowance: lengthy or numerous
deployments; frequent mobilizations
(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 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) 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 (4) of that
section).
(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.
(d) Payment of Claims.--A claim of a member for payment of the high-
deployment 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 allowance
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 allowance may be paid under this
section to a member for any month during which the applicability of
section 991 of title 10 to the member is suspended under subsection (d)
of that section.
(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.
(Added Pub. L. 106-65, div. A, title V, Sec. 586(b), Oct. 5, 1999, 113
Stat. 638, Sec. 435; renumbered Sec. 436 and amended, Pub. L. 106-398,
Sec. 1 [[div. A], title V, Sec. 574(c), title X, Sec. 1087(b)(4)], Oct.
30, 2000, 114 Stat. 1654, 1654A-137, 1654A-292; Pub. L. 107-107, div. A,
title V, Sec. 592(a), Dec. 28, 2001, 115 Stat. 1125; Pub. L. 108-136,
div. A, title V, Sec. 541(b)(1)-(5)(A), Nov. 24, 2003, 117 Stat. 1476,
1477.)
Amendments
2003--Pub. L. 108-136, Sec. 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, Sec. 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, Sec. 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, Sec. 541(b)(4)(A), struck out ``per
diem'' before ``allowance''.
Subsec. (e). Pub. L. 108-136, Sec. 541(b)(4)(B), substituted
``allowance'' for ``per diem'' after ``high-deployment''.
Subsec. (f). Pub. L. 108-136, Sec. 541(b)(4)(C), substituted
``allowance'' for ``per diem'' and ``month during which'' for ``day on
which''.
Subsecs. (g), (h). Pub. L. 108-136, Sec. 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, Sec. 1 [[div. A], title X, Sec. 1087(b)(4)],
renumbered section 435 of this title as this section.
Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title V,
Sec. 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, Sec. 1 [[div. A], title V,
Sec. 574(c)(2)], substituted ``prescribed under paragraph (4)'' for
``prescribed under paragraph (3)''.
Effective Date
Pub. L. 106-65, div. A, title V, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in section 12503 of this title; title 10
section 487.
