HR 3164 IH

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

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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 purposes of determining the eligibility of such members for the per diem allowance for lengthy or numerous deployments.

Be it enacted by the Senate and House of Representatives 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 ALLOWANCE.

(a) FINDINGS- Congress finds the following:

(1) A per diem allowance for lengthy or numerous 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 increases the burdens placed upon the member, including reduced morale and loss of recreation, community, 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 deployment 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 hardships 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 Defense Paul Wolfowitz to the Secretaries of the military departments, the availability of the high deployment per diem allowance, and the accumulation of days counted towards the 400 day per two-year eligibility 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 substantially 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 subsection (d).

(c) REPEAL OF AUTHORITY TO SUSPEND HIGH DEPLOYMENT 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.