117 STAT. 1476
PUBLIC LAW 108–136—NOV. 24, 2003
in a deployment, on any day on which the total number of days on which the member has been deployed— ‘‘(A) out of the preceding 365 days would exceed the oneyear high-deployment threshold; or ‘‘(B) out of the preceding 730 days would exceed the twoyear high-deployment threshold. ‘‘(2) In this subsection: ‘‘(A) The term ‘one-year high-deployment threshold’ means— ‘‘(i) 220 days; or ‘‘(ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. ‘‘(B) The term ‘two-year high-deployment threshold’ means— ‘‘(i) 400 days; or ‘‘(ii) a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. ‘‘(3) A member may be deployed, or continued in a deployment, without regard to paragraph (1) if the deployment, or continued deployment, is approved by the Secretary of Defense. The authority of the Secretary under the preceding sentence may only be delegated to— ‘‘(A) a civilian officer of the Department of Defense appointed by the President, by and with the advise and consent of the Senate, or a member of the Senior Executive Service; or ‘‘(B) a general or flag officer in that member’s chain of command (including an officer in the grade of colonel, or in the case of the Navy, captain, serving in a general or flag officer position who has been selected for promotion to the grade of brigadier general or rear admiral (lower half) in a report of a selection board convened under section 611(a) or 14101(a) of this title that has been approved by the President).’’. (b) CHANGES FROM PER DIEM TO HIGH-DEPLOYMENT ALLOWANCE.—(1) Subsection (a) of section 436 of title 37, United States Code, is amended to read as follows: ‘‘(a) MONTHLY ALLOWANCE.—The Secretary of the military department concerned shall pay a high-deployment allowance to a member of the armed forces under the Secretary’s jurisdiction for each month during which the member— ‘‘(1) is deployed; and ‘‘(2) at any time during that month— ‘‘(A) has been deployed for 191 or more consecutive days (or a lower number of consecutive days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); ‘‘(B) has been deployed, out of the preceding 730 days, for a total of 401 or more days (or a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); or ‘‘(C) in the case of a member of a reserve component, is on active duty— ‘‘(i) under a call or order to active duty for a period of more than 30 days that is the second (or
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