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10 USC CHAPTER 50 - MISCELLANEOUS COMMAND

RESPONSIBILITIES 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 50 - MISCELLANEOUS COMMAND RESPONSIBILITIES

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CHAPTER 50 - MISCELLANEOUS COMMAND RESPONSIBILITIES

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Sec.

991. Management of deployments of members.

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10 USC Sec. 991 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 50 - MISCELLANEOUS COMMAND RESPONSIBILITIES

-HEAD-

Sec. 991. Management of deployments of members

-STATUTE-

(a) General or Flag Officer Responsibilities. - (1) The

deployment (or potential deployment) of a member of the armed

forces shall be managed, during any period when the member is a

high-deployment days member, by the officer in the chain of command

of that member who is the lowest-ranking general or flag officer in

that chain of command. That officer shall ensure that the member

is not deployed, or continued in a deployment, on any day on which

the total number of days on which the member has been deployed out

of the preceding 365 days would exceed 220. However, the member may

be deployed, or continued in a deployment, without regard to the

preceding sentence if such deployment, or continued deployment, is

approved -

(A) in the case of a member who is assigned to a combatant

command in a position under the operational control of the

officer in that combatant command who is the service component

commander for the members of that member's armed force in that

combatant command, by that officer; and

(B) in the case of a member not assigned as described in

subparagraph (A), by the service chief of that member's armed

force (or, if so designated by that service chief, by an officer

of the same armed force on active duty who is in the grade of

general or admiral or who is the personnel chief for that armed

force).

(2) In this section, the term ''high-deployment days member''

means a member who has been deployed 182 days or more out of the

preceding 365 days.

(3) In paragraph (1)(B), the term ''service chief'' means the

Chief of Staff of the Army, the Chief of Naval Operations, the

Chief of Staff of the Air Force, or the Commandant of the Marine

Corps.

(b) Deployment Defined. - (1) For the purposes of this section, a

member of the armed forces shall be considered to be deployed or in

a deployment on any day on which, pursuant to orders, the member is

performing service in a training exercise or operation at a

location or under circumstances that make it impossible or

infeasible for the member to spend off-duty time in the housing in

which the member resides when on garrison duty at the member's

permanent duty station or homeport, as the case may be.

(2) In the case of a member of a reserve component who is

performing active service pursuant to orders that do not establish

a permanent change of station, the housing referred to in paragraph

(1) is any housing (which may include the member's residence) that

the member usually occupies for use during off-duty time when on

garrison duty at the member's permanent duty station or homeport,

as the case may be.

(3) For the purposes of this section, a member is not deployed or

in a deployment when the member is -

(A) performing service as a student or trainee at a school

(including any Government school);

(B) performing administrative, guard, or detail duties in

garrison at the member's permanent duty station; or

(C) unavailable solely because of -

(i) a hospitalization of the member at the member's permanent

duty station or homeport or in the immediate vicinity of the

member's permanent residence; or

(ii) a disciplinary action taken against the member.

(4) The Secretary of Defense may prescribe a definition of

deployment for the purposes of this section other than the

definition specified in paragraphs (1) and (2). Any such definition

may not take effect until 90 days after the date on which the

Secretary notifies the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Representatives

of the revised standard definition of deployment.

(c) Recordkeeping. - The Secretary of each military department

shall establish a system for tracking and recording the number of

days that each member of the armed forces under the jurisdiction of

the Secretary is deployed.

(d) National Security Waiver Authority. - The Secretary of the

military department concerned may suspend the applicability of this

section to a member or any group of members under the Secretary's

jurisdiction when the Secretary determines that such a waiver is

necessary in the national security interests of the United States.

(e) Inapplicability to Coast Guard. - This section does not apply

to a member of the Coast Guard when the Coast Guard is not

operating as a service in the Navy.

-SOURCE-

(Added Pub. L. 106-65, div. A, title V, Sec. 586(a), Oct. 5, 1999,

113 Stat. 637; amended Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 574(a), (b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-136,

1654A-137; Pub. L. 107-107, div. A, title V, Sec. 515(a), Dec. 28,

2001, 115 Stat. 1093.)

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AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-107 amended par. (2)

generally. Prior to amendment, par. (2) read as follows:

''(2) In the case of a member of a reserve component performing

active service, the member shall be considered deployed or in a

deployment for the purposes of paragraph (1) on any day on which,

pursuant to orders that do not establish a permanent change of

station, the member is performing the active service at a location

that -

''(A) is not the member's permanent training site; and

''(B) is -

''(i) at least 100 miles from the member's permanent

residence; or

''(ii) a lesser distance from the member's permanent

residence that, under the circumstances applicable to the

member's travel, is a distance that requires at least three

hours of travel to traverse.''

2000 - Subsec. (a)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

V, Sec. 574(a)(1)), substituted ''. However, the member may be

deployed, or continued in a deployment, without regard to the

preceding sentence if such deployment, or continued deployment, is

approved - '' and subpars. (A) and (B) for ''unless an officer in

the grade of general or admiral in the member's chain of command

approves the deployment, or continued deployment, of the member.''

Subsec. (a)(3). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

574(a)(2)), added par. (3).

Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

574(b)(1)), inserted ''or homeport, as the case may be'' before

period at end.

Subsec. (b)(2). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

574(b)(3)), added par. (2). Former par. (2) redesignated (3).

Subsec. (b)(3). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

574(b)(2)), redesignated par. (2) as (3). Former par. (3)

redesignated (4).

Subsec. (b)(3)(C). Pub. L. 106-398, Sec. 1 ((div. A), title V,

Sec. 574(b)(4)), added subpar. (C).

Subsec. (b)(4). Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec.

574(b)(2)), redesignated par. (3) as (4).

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-107, div. A, title V, Sec. 515(b), Dec. 28, 2001,

115 Stat. 1094, provided that: ''The amendment made by this section

(amending this section) shall apply with respect to duty performed

on or after October 1, 2001.''

EFFECTIVE DATE

Pub. L. 106-65, div. A, title V, Sec. 586(d)(1), Oct. 5, 1999,

113 Stat. 639, provided that: ''Section 991 of title 10, United

States Code (as added by subsection (a)), shall take effect on

October 1, 2000. No day on which a member of the Armed Forces is

deployed (as defined in subsection (b) of that section) before that

date may be counted in determining the number of days on which a

member has been deployed for purposes of that section.''

REGULATIONS

Pub. L. 106-65, div. A, title V, Sec. 586(e), Oct. 5, 1999, 113

Stat. 639, provided that: ''Not later than June 1, 2000, the

Secretary of each military department shall prescribe in

regulations the policies and procedures for implementing such

provisions of law for that military department.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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REVIEW OF MANAGEMENT OF DEPLOYMENTS OF INDIVIDUAL MEMBERS

Pub. L. 106-398, Sec. 1 ((div. A), title V, Sec. 574(d)), Oct.

30, 2000, 114 Stat. 1654, 1654A-138, as amended by Pub. L. 107-107,

div. A, title V, Sec. 592(b), Dec. 28, 2001, 115 Stat. 1125,

provided that: ''Not later than March 31, 2002, the Secretary of

Defense shall submit to the Committees on Armed Services of the

Senate and the House of Representatives a report on the

administration of section 991 of title 10, United States Code,

during fiscal year 2001. The report shall include -

''(1) a discussion of the experience in tracking and recording

the deployments of members of the Armed Forces and the payment of

the per diem allowance for lengthy or numerous deployments in

accordance with section 436 of title 37, United States Code;

''(2) specific comments regarding the effect of section 991 of

title 10, United States Code, and section 436 of title 37, United

States Code, on the readiness of the Navy and Marine Corps given

the deployment intensive mission of these services; and

''(3) any recommendations for revision of section 991 of title

10, United States Code, or section 436 of title 37, United States

Code, that the Secretary considers appropriate.''

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 37 section 436.

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