PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1477
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.’’. (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.’’. (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.’’. (4) Such section is further amended— (A) in subsection (d), by striking ‘‘per diem’’; (B) in subsection (e), by striking ‘‘per diem’’ and inserting ‘‘allowance’’; and (C) in subsection (f)— (i) by striking ‘‘per diem’’ and inserting ‘‘allowance’’; and (ii) by striking ‘‘day on which’’ and inserting ‘‘month during which’’. (5)(A) The heading of such section is amended to read as follows: ‘‘§ 436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations’’. (B) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: ‘‘436. High-deployment allowance: lengthy or numerous deployments; frequent mobilizations.’’.
(c) CHANGES TO REPORTING REQUIREMENT.—Section 487(b)(5) of title 10, United States Code, is amended to read as follows: ‘‘(5) For each of the armed forces, the description shall indicate, for the period covered by the report— ‘‘(A) the number of members who received the high-deployment allowance under section 436 of title 37;
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