Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Pay for America’s 
Troops Act’’. 
SEC. 2. ACTIVATION OF HIGH-DEPLOYMENT ALLOWANCE 
FOR MEMBERS OF THE ARMED FORCES AND 
EXPANSION OF ALLOWANCE TO COVER DE-
PLOYMENTS IN EXCESS OF ROTATION FRE-
QUENCIES. 
(a) TERMINATION OF NATIONAL SECURITY WAIV-
ER.—Subsection (f) of section 436 of title 37, United 
States Code, is amended to read as follows: 
‘‘(f) INAPPLICABILITY
OF
NATIONAL
SECURITY 
WAIVER.—The fact that the applicability of section 991 
of title 10 to a member is suspended under subsection (d) 
of that section may not be used to deny the payment of 
a high-deployment allowance to the member if the member 
otherwise satisfies the eligibility requirements of sub-
section (a).’’. 
(b) REMOVAL OF DISCRETION REGARDING RATE OF 
ALLOWANCE.—Subsection (c) of such section is amended 
by striking ‘‘determined by the Secretary concerned, not 
to exceed $1,000 per month’’ and inserting ‘‘equal to 
$1,000 per month’’. 
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(c) REPEAL OF AUTHORITY TO EXCLUDE CERTAIN 
DUTY ASSIGNMENTS.—Such section is further amended— 
(1) by striking subsection (g); and 
(2) by redesignating subsection (h) as sub-
section (g). 
(d) VIOLATION OF ROTATION FREQUENCIES.—Sub-
section (a)(2) of such section is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); 
(2) in subparagraph (C)— 
(A) by striking ‘‘or’’ at the end of clause 
(i); 
(B) by striking the period at the end of 
clause (ii) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) under a call or order to active 
duty for a period of more than 30 days 
that results in the member serving on ac-
tive duty in excess of the rotation fre-
quency for reserve component members of 
one year mobilized to five years demobi-
lized; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(D) in the case of a member of a regular 
component, is otherwise deployed in excess of 
the rotation frequency for regular component 
members of one year deployed to two years as-
signed to duty at the permanent duty station of 
the member.’’. 
(e) RETROACTIVE APPLICATION.— 
(1) EFFECTIVE DATE.—Except as provided in 
paragraph (2), the amendments made by this section 
shall take effect on the first day of the first month 
beginning more than 20 days after the date of the 
enactment of this Act. Service performed by mem-
bers of the Armed Forces before the effective date 
shall be counted for purposes of determining the eli-
gibility of members for the high-deployment allow-
ance under section 436 of title 37, United States 
Code, as amended by this section, on and after that 
date. 
(2) RETROACTIVE APPLICATION.—On the basis 
of the information maintained pursuant to section 
991 of title 10, United States Code, regarding mem-
bers of the Armed Forces deployed since September 
11, 2001, the Secretary of each military department 
shall pay a high-deployment allowance under section 
436 of title 37, United States Code, as amended by 
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this section, to each member of the Armed Forces 
for each month since that date through the effective 
date specified in paragraph (1) during which the 
member satisfied the eligibility requirements for the 
allowance under subsection (a) of such section 436. 
In the case of a member who is deceased as of the 
effective date specified in paragraph (1), the high- 
deployment allowance shall be paid to the next-of-kin 
of the member. 
Æ 
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