110 HR 3381 IH: Fair Pay for America’s Troops U.S. House of Representatives 2007-08-03 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 3381 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.

1.

Short title

This Act may be cited as the Fair Pay for America’s Troops Act.

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.