I
107TH CONGRESS
1ST SESSION
H. R. 3164
To amend titles 10 and 37, United States Code, to repeal the authority
of the Secretary of a military department to suspend tracking and
recording the number of days that members of the armed forces are
deployed for purposes of determining the eligibility of such members
for the per diem allowance for lengthy or numerous deployments.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 23, 2001
Mr. MCKINNEY introduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To amend titles 10 and 37, United States Code, to repeal
the authority of the Secretary of a military department
to suspend tracking and recording the number of days
that members of the armed forces are deployed for pur-
poses of determining the eligibility of such members for
the per diem allowance for lengthy or numerous deploy-
ments.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. RESUMPTION OF TRACKING AND RECORDING
DEPLOYMENT DAYS OF MEMBERS OF THE
ARMED FORCES TO DETERMINE ELIGIBILITY
FOR HIGH DEPLOYMENT PER DIEM ALLOW-
ANCE.
(a) FINDINGS.—Congress finds the following:
(1) A per diem allowance for lengthy or numer-
ous deployments was enacted as part of the National
Defense Authorization Act for Fiscal Year 2000 to
provide an additional $100 per day to members of
the Armed Forces who are deployed more than 400
days in two years.
(2) Deployment often places members of the
Armed Forces in high risk environments, separates
the members from their families, and generally in-
creases the burdens placed upon the member, includ-
ing reduced morale and loss of recreation, commu-
nity, and education opportunities. The deployment of
members during combat periods further increases
the stresses and burdens associated with lengthy or
numerous deployments.
(3) The per diem allowance was intended to
recognize the challenges faced and contributions
made by these members of the Armed Forces, while
also providing an incentive for the Secretaries of the
military departments to reduce the extended deploy-
ment of these members and more evenly distribute
the deployment of all members.
(4) The per diem allowance can provide needed
assistance to the family of a member of the Armed
Forces who is deployed, such as providing needed
funds for child day care and lessening other hard-
ships associated with the member’s deployment.
(5) Through the issuance of Executive Order
13223 (66 Fed. Reg. 48201), and an October 8,
2001, memorandum from Deputy Secretary of De-
fense Paul Wolfowitz to the Secretaries of the mili-
tary departments, the availability of the high deploy-
ment per diem allowance, and the accumulation of
days counted towards the 400 day per two-year eligi-
bility requirement for the allowance, was suspended
until further notice.
(6) Despite the fact that a military pay raise
was recently approved, some members of the Armed
Forces are still eligible and rely upon food stamps
and other Government assistance, and could sub-
stantially benefit from the high deployment per diem
allowance.
(7) More than ever, the members of the Armed
Forces who are deployed in support of Operation
Enduring Freedom deserve and should receive the
high deployment per diem allowance that they earn
through their service to the United States.
(b) REPEAL OF AUTHORITY TO SUSPEND TRACKING
AND RECORDING DEPLOYMENT DAYS.—Section 991 of
title 10, United States Code, is amended by striking sub-
section (d).
(c) REPEAL OF AUTHORITY TO SUSPEND HIGH DE-
PLOYMENT PER DIEM.—Section 436 of title 37, United
States Code, is amended by striking subsection (f).
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect as of October 7, 2001.
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