§ 436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1999

   Pub. L. 106–65 div. A title V § 586(b) · 113 Stat. 512

   Enacted · 37 U.S.C. § 436

   Added Pub. L. 106–65, div. A, title V, § 586(b), Oct. 5, 1999, 113 Stat. 638, § 435

   Source evidence

   Code source credit
   Added Pub. L. 106–65, div. A, title V, § 586(b), Oct. 5, 1999, 113 Stat. 638, § 435

   Enacted provision · exact public law section
   (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.”.

2. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Changed · 37 U.S.C. § 436

   Pub. L. 106–398, § 1 [[div. A], title X, § 1087(b)(4)], renumbered section 435 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 106–398, § 1 [[div. A], title X, § 1087(b)(4)], renumbered section 435 of this title as this section.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

3. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 37 U.S.C. § 436(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”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

4. 2000

   Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

   Substituted · 37 U.S.C. § 436(b)

   Pub. L. 106–398, § 1 [[div. A], title V, § 574(c)(2)], substituted “prescribed under paragraph (4)” for “prescribed under paragraph (3)”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title V, § 574(c)(2)], substituted “prescribed under paragraph (4)” for “prescribed under paragraph (3)”.

   Enacted provision · exact public law section
   SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

5. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title V § 592(a) · 115 Stat. 1012

   Inserted · 37 U.S.C. § 436(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Funding Source for Allowance.— Section 436(a) of title 37, United States Code, is amended by adding at the end the following new sentence: “The Secretary shall pay the allowance from appropriations available for operation and maintenance for the armed force in which the member serves.”.

6. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 541(b)(5)(A) · 117 Stat. 1392

   Substituted · 37 U.S.C. § 436

   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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (A) The heading of such section is amended to read as follows: “§ 436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations” .

7. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 541(b)(1) · 117 Stat. 1392

   Amended · 37 U.S.C. § 436(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (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 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.” .

8. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 541(b)(2) · 117 Stat. 1392

   Amended · 37 U.S.C. § 436(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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (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.” .

9. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 541(b)(4)(A) · 117 Stat. 1392

   Struck · 37 U.S.C. § 436(d)

   Pub. L. 108–136, § 541(b)(4)(A), struck out “per diem” before “allowance”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–136, § 541(b)(4)(A), struck out “per diem” before “allowance”.

   Enacted provision · exact public law section
   (A) in subsection (d), by striking “per diem”;

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 541(b)(4)(B) · 117 Stat. 1392

    Substituted · 37 U.S.C. § 436(e)

    Pub. L. 108–136, § 541(b)(4)(B), substituted “allowance” for “per diem” after “high-deployment”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–136, § 541(b)(4)(B), substituted “allowance” for “per diem” after “high-deployment”.

    Enacted provision · exact public law section
    (B) in subsection (e), by striking “per diem” and inserting “allowance”; and

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 541(b)(4)(C) · 117 Stat. 1392

    1. Substituted · 37 U.S.C. § 436(f)

       Pub. L. 108–136, § 541(b)(4)(C), substituted “allowance” for “per diem”

    2. Substituted · 37 U.S.C. § 436(f)

       Pub. L. 108–136, § 541(b)(4)(C), substituted “month during which” for “day on which”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–136, § 541(b)(4)(C), substituted “allowance” for “per diem” and “month during which” for “day on which”.

    Enacted provision · exact public law section
    (C) in subsection (f)— (i) by striking “per diem” and inserting “allowance”; and (ii) by striking “day on which” and inserting “month during which”.

12. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 541(b)(3) · 117 Stat. 1392

    Added · 37 U.S.C. § 436(g); 37 U.S.C. § 436(h)

    Pub. L. 108–136, § 541(b)(3), added subsecs. (g) and (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 108–136, § 541(b)(3), added subsecs. (g) and (h).

    Enacted provision · exact public law section
    (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.” .

13. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 div. A title V § 530(a) · 125 Stat. 1298

    Substituted · 37 U.S.C. § 436(a)

    Pub. L. 112–81 substituted “may pay” for “shall pay” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–81 substituted “may pay” for “shall pay” in introductory provisions.

    Enacted provision · exact public law section
    (a) Conversion.— Section 436(a) of title 37, United States Code, is amended by striking “shall pay” and inserting “may pay”.

    Effective date note
    Pub. 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].”

14. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VI § 602 · 132 Stat. 1636

    Inserted · 37 U.S.C. § 436(a)(2)(C)(ii)

    Pub. L. 115–232 inserted “section 12304b of title 10 or” before “a provision of law referred to”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(C)(ii). Pub. L. 115–232 inserted “section 12304b of title 10 or” before “a provision of law referred to”.

    Enacted provision · exact public law section
    SEC. 602. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR HIGH-DEPLOYMENT ALLOWANCE FOR LENGTHY OR NUMEROUS DEPLOYMENTS AND FREQUENT MOBILIZATIONS.   Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting “section 12304b of title 10 or” after “under” the first place it appears.

15 of 15 references resolved to an enrolled provision