
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 515(a)]
[Document affected by Public Law 107-107 Section 592(b)]
[Document affected by Public Law 107-107 Section 515(b)]
[CITE: 10USC991]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
           CHAPTER 50--MISCELLANEOUS COMMAND RESPONSIBILITIES
 
Sec. 991. Management of deployments of members

    (a) General or Flag Officer Responsibilities.--(1) The deployment 
(or potential deployment) of a member of the armed forces shall be 
managed, during any period when the member is a high-deployment days 
member, by the officer in the chain of command of that member who is the 
lowest-ranking general or flag officer in that chain of command. That 
officer shall ensure that the member is not deployed, or continued in a 
deployment, on any day on which the total number of days on which the 
member has been deployed out of the preceding 365 days would exceed 220. 
However, the member may be deployed, or continued in a deployment, 
without regard to the preceding sentence if such deployment, or 
continued deployment, is approved--
        (A) in the case of a member who is assigned to a combatant 
    command in a position under the operational control of the officer 
    in that combatant command who is the service component commander for 
    the members of that member's armed force in that combatant command, 
    by that officer; and
        (B) in the case of a member not assigned as described in 
    subparagraph (A), by the service chief of that member's armed force 
    (or, if so designated by that service chief, by an officer of the 
    same armed force on active duty who is in the grade of general or 
    admiral or who is the personnel chief for that armed force).

    (2) In this section, the term ``high-deployment days member'' means 
a member who has been deployed 182 days or more out of the preceding 365 
days.
    (3) In paragraph (1)(B), the term ``service chief'' means the Chief 
of Staff of the Army, the Chief of Naval Operations, the Chief of Staff 
of the Air Force, or the Commandant of the Marine Corps.
    (b) Deployment Defined.--(1) For the purposes of this section, a 
member of the armed forces shall be considered to be deployed or in a 
deployment on any day on which, pursuant to orders, the member is 
performing service in a training exercise or operation at a location or 
under circumstances that make it impossible or infeasible for the member 
to spend off-duty time in the housing in which the member resides when 
on garrison duty at the member's permanent duty station or homeport, as 
the case may be.
    (2) In the case of a member of a reserve component performing active 
service, the member shall be considered deployed or in a deployment for 
the purposes of paragraph (1) on any day on which, pursuant to orders 
that do not establish a permanent change of station, the member is 
performing the active service at a location that--
        (A) is not the member's permanent training site; and
        (B) is--
            (i) at least 100 miles from the member's permanent 
        residence; or
            (ii) a lesser distance from the member's permanent residence 
        that, under the circumstances applicable to the member's travel, 
        is a distance that requires at least three hours of travel to 
        traverse.

    (3) For the purposes of this section, a member is not deployed or in 
a deployment when the member is--
        (A) performing service as a student or trainee at a school 
    (including any Government school);
        (B) performing administrative, guard, or detail duties in 
    garrison at the member's permanent duty station; or
        (C) unavailable solely because of--
            (i) a hospitalization of the member at the member's 
        permanent duty station or homeport or in the immediate vicinity 
        of the member's permanent residence; or
            (ii) a disciplinary action taken against the member.

    (4) The Secretary of Defense may prescribe a definition of 
deployment for the purposes of this section other than the definition 
specified in paragraphs (1) and (2). Any such definition may not take 
effect until 90 days after the date on which the Secretary notifies the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives of the revised standard 
definition of deployment.
    (c) Recordkeeping.--The Secretary of each military department shall 
establish a system for tracking and recording the number of days that 
each member of the armed forces under the jurisdiction of the Secretary 
is deployed.
    (d) National Security Waiver Authority.--The Secretary of the 
military department concerned may suspend the applicability of this 
section to a member or any group of members under the Secretary's 
jurisdiction when the Secretary determines that such a waiver is 
necessary in the national security interests of the United States.
    (e) Inapplicability to Coast Guard.--This section does not apply to 
a member of the Coast Guard when the Coast Guard is not operating as a 
service in the Navy.

(Added Pub. L. 106-65, div. A, title V, Sec. 586(a), Oct. 5, 1999, 113 
Stat. 637; amended Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-136, 1654A-137.)


                               Amendments

    2000--Subsec. (a)(1). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(a)(1)], substituted ``. However, the member may be deployed, or 
continued in a deployment, without regard to the preceding sentence if 
such deployment, or continued deployment, is approved--'' and subpars. 
(A) and (B) for ``unless an officer in the grade of general or admiral 
in the member's chain of command approves the deployment, or continued 
deployment, of the member.''
    Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(a)(2)], added par. (3).
    Subsec. (b)(1). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(b)(1)], inserted ``or homeport, as the case may be'' before 
period at end.
    Subsec. (b)(2). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(b)(3)], added par. (2). Former par. (2) redesignated (3).
    Subsec. (b)(3). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(b)(2)], redesignated par. (2) as (3). Former par. (3) 
redesignated (4).
    Subsec. (b)(3)(C). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(b)(4)], added subpar. (C).
    Subsec. (b)(4). Pub. L. 106-398, Sec. 1 [[div. A], title V, 
Sec. 574(b)(2)], redesignated par. (3) as (4).


                             Effective Date

    Pub. L. 106-65, div. A, title V, Sec. 586(d)(1), Oct. 5, 1999, 113 
Stat. 639, provided that: ``Section 991 of title 10, United States Code 
(as added by subsection (a)), shall take effect on October 1, 2000. No 
day on which a member of the Armed Forces is deployed (as defined in 
subsection (b) of that section) before that date may be counted in 
determining the number of days on which a member has been deployed for 
purposes of that section.''


                               Regulations

    Pub. L. 106-65, div. A, title V, Sec. 586(e), Oct. 5, 1999, 113 
Stat. 639, provided that: ``Not later than June 1, 2000, the Secretary 
of each military department shall prescribe in regulations the policies 
and procedures for implementing such provisions of law for that military 
department.''


        Review of Management of Deployments of Individual Members

    Pub. L. 106-398, Sec. 1 [[div. A], title V, Sec. 574(d)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-138, provided that: ``Not later than March 
31, 2002, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
on the administration of section 991 of title 10, United States Code, 
during fiscal year 2001. The report shall include--
        ``(1) a discussion of the experience in tracking and recording 
    the deployments of members of the Armed Forces; and
        ``(2) any recommendations for revision of such section that the 
    Secretary considers appropriate.''

                  Section Referred to in Other Sections

    This section is referred to in title 37 section 435.
