§436 — Title 37 Pay and Allowances of the Uniformed Services | U.S. Code

Summary

A military Secretary may pay a monthly high-deployment allowance to a service member for months when the member is deployed and meets one of these tests: they have been deployed 191 or more consecutive days (or a shorter number set by the Secretary of Defense); they have been deployed 401 or more days in the past 730 days (or a shorter number set by the Secretary of Defense); or, for reserve members, they are on active duty for more than 30 days that is a second or later call for the same operation, or they are on active duty over 30 days under 10 U.S.C. 12304b (or related law) that starts within one year after release from a prior qualifying active duty. “Deployed” means as defined in 10 U.S.C. 991(b). The allowance amount is set by the Secretary but cannot exceed $1,000 per month. If records do not fully prove a claim, the Secretary can accept other evidence and pay. The allowance is extra pay, not a substitute. No payment is allowed if 10 U.S.C. 991 is suspended for the member. The Secretary can exclude certain jobs from eligibility with the Secretary of Defense’s approval, but cannot apply that exclusion to someone already in the job. Payments come from the service’s operation and maintenance funds.

Title 37, §436

Pay and Allowances of the Uniformed Services — Source: USLM XML via OLRC

(a)The Secretary of the military department concerned may 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 section 12304b of title 10 or 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)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)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)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)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2018—Subsec. (a)(2)(C)(ii). Pub. L. 115–232 inserted “section 12304b of title 10 or” before “a provision of law referred to”. 2011—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)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 Amendment 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].”

Effective Date

Pub. 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.”

§436 High-deployment Allowance: Lengthy or Numerous Deployments; Frequent Mobilizations

Summary

Title 37, §436

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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