[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3381 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3381

 To terminate the national security waiver that has been used to deny 
 the payment of the high-deployment allowance to members of the Armed 
  Forces serving lengthy or numerous deployments since September 11, 
  2001, and to extend the allowance to members who have been deployed 
   since that date in excess of the rotation frequencies for reserve 
 component members of one year mobilized to five years demobilized and 
for regular component members of one year deployed to two years at the 
            permanent duty station, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 3, 2007

Mr. Braley of Iowa introduced the following bill; which was referred to 
                    the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To terminate the national security waiver that has been used to deny 
 the payment of the high-deployment allowance to members of the Armed 
  Forces serving lengthy or numerous deployments since September 11, 
  2001, and to extend the allowance to members who have been deployed 
   since that date in excess of the rotation frequencies for reserve 
 component members of one year mobilized to five years demobilized and 
for regular component members of one year deployed to two years at the 
            permanent duty station, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 
              DEPLOYMENTS IN EXCESS OF ROTATION FREQUENCIES.

    (a) Termination of National Security Waiver.--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 subsection (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''.
    (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 subsection (g).
    (d) Violation of Rotation Frequencies.--Subsection (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 active duty in 
                        excess of the rotation frequency for reserve 
                        component members of one year mobilized to five 
                        years demobilized; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(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 assigned 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 
        members of the Armed Forces before the effective date shall be 
        counted for purposes of determining the eligibility of members 
        for the high-deployment allowance 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 members 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 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.
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