37 USC 436 - High-deployment allowance: lengthy or numerous deployments; frequent mobilizations

Editorial Notes

Amendments

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

2011—Subsec. (a). Puspan. L. 112–81 substituted “may pay” for “shall pay” in introductory provisions.

2003—Puspan. L. 108–136, § 541(span)(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). Puspan. L. 108–136, § 541(span)(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). Puspan. L. 108–136, § 541(span)(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). Puspan. L. 108–136, § 541(span)(4)(A), struck out “per diem” before “allowance”.

Subsec. (e). Puspan. L. 108–136, § 541(span)(4)(B), substituted “allowance” for “per diem” after “high-deployment”.

Subsec. (f). Puspan. L. 108–136, § 541(span)(4)(C), substituted “allowance” for “per diem” and “month during which” for “day on which”.

Subsecs. (g), (h). Puspan. L. 108–136, § 541(span)(3), added subsecs. (g) and (h).

2001—Subsec. (a). Puspan. 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—Puspan. L. 106–398, § 1 [[div. A], title X, § 1087(span)(4)], renumbered section 435 of this title as this section.

Subsec. (a). Puspan. 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. (span). Puspan. 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

Puspan. L. 112–81, div. A, title V, § 530(span), 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

Puspan. 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 (span)) [this section], shall take effect on October 1, 2001.”