10 USC 991 - Management of deployments of members and measurement and data collection of unit operating and personnel tempo

Editorial Notes

Amendments

2021—Subsec. (a)(4)(A). Puspan. L. 116–283 struck out period after “The amount”.

2019—Subsec. (a)(3). Puspan. L. 116–92, § 506(a), substituted “be delegated to a civilian officer of the Department of Defense appointed by the President, by and with the advice and consent of the Senate.” for “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).”

Subsec. (a)(4). Puspan. L. 116–92, § 506(span), substituted “addresses each of the following:” for “addresses the amount”, inserted “(A) The amount.” before “of dwell time”, and “regular” before “member”, and added subpar. (B).

Subsec. (d). Puspan. L. 116–92, § 507(a), designated existing provisions as par. (1) and added par. (2).

2011—Puspan. L. 112–81, § 522(d)(1), substituted “Management of deployments of members and measurement and data collection of unit operating and personnel tempo” for “Management of deployments of members” in section catchline.

Subsec. (a)(4). Puspan. L. 112–81, § 522(a), added par. (4).

Subsec. (c). Puspan. L. 112–81, § 522(span), amended subsec. (c) generally. Prior to amendment, text read as follows: “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.”

Subsec. (f). Puspan. L. 112–81, § 522(c), added subsec. (f).

2003—Subsec. (a). Puspan. L. 108–136 reenacted span without change and amended text generally. Prior to amendment, text read as follows:

“(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.”

2001—Subsec. (span)(2). Puspan. L. 107–107 amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(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.”

2000—Subsec. (a)(1). Puspan. L. 106–398, § 1 [[div. A], title V, § 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). Puspan. L. 106–398, § 1 [[div. A], title V, § 574(a)(2)], added par. (3).

Subsec. (span)(1). Puspan. L. 106–398, § 1 [[div. A], title V, § 574(span)(1)], inserted “or homeport, as the case may be” before period at end.

Subsec. (span)(2). Puspan. L. 106–398, § 1 [[div. A], title V, § 574(span)(3)], added par. (2). Former par. (2) redesignated (3).

Subsec. (span)(3). Puspan. L. 106–398, § 1 [[div. A], title V, § 574(span)(2)], redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (span)(3)(C). Puspan. L. 106–398, § 1 [[div. A], title V, § 574(span)(4)], added subpar. (C).

Subsec. (span)(4). Puspan. L. 106–398, § 1 [[div. A], title V, § 574(span)(2)], redesignated par. (3) as (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2001 Amendment

Puspan. L. 107–107, div. A, title V, § 515(span), Dec. 28, 2001, 115 Stat. 1094, provided that: “The amendment made by this section [amending this section] shall apply with respect to duty performed on or after October 1, 2001.”

Effective Date

Puspan. L. 106–65, div. A, title V, § 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 (span) 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

Puspan. L. 106–65, div. A, title V, § 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.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Treatment of Operational Data From Afghanistan

Puspan. L. 117–81, div. A, title X, § 1088, Dec. 27, 2021, 135 Stat. 1924, provided that:

“(a)Sense of Congress.—It is the sense of Congress that—

“(1) an immense amount of operational data and intelligence has been developed over the past two decades of war in Afghanistan; and

“(2) this information is valuable and must be appropriately retained.

“(span)Operational Data.—The Secretary of Defense shall—

“(1) archive and standardize operational data from Afghanistan across the myriad of defense information systems; and

“(2) ensure the Afghanistan operational data is structured, searchable, and usable across the joint force.

“(c)Briefing.—Not later than March 4, 2022, the Under Secretary of Defense for Intelligence and Security shall provide to the Committee on Armed Services of the House of Representatives a briefing on how the Department of Defense has removed, retained, and assured long-term access to operational data from Afghanistan across each military department and command. Such briefing shall address the manner in which the Department of Defense—

“(1) is standardizing and archiving intelligence and operational data from Afghanistan across the myriad of defense information systems; and

“(2) ensuring access to such data across the joint force.”

Deadline for Implementation of Subsection (d)(2)

Puspan. L. 116–92, div. A, title V, § 507(span), Dec. 20, 2019, 133 Stat. 1346, provided that: “Paragraph (2) of section 991(d) of title 10, United States Code, as added by subsection (a), shall be fully implemented by not later than March 1, 2020.”

Family Care Plans and Deferment of Deployment of Single Parent or Dual Military Couples With Minor Dependents

Puspan. L. 110–181, div. A, title V, § 586, Jan. 28, 2008, 122 Stat. 132, as amended by Puspan. L. 114–328, div. A, title VI, § 618(a), Dec. 23, 2016, 130 Stat. 2160, provided that: “The Secretary of Defense shall establish appropriate procedures to ensure that an adequate family care plan is in place for a member of the Armed Forces with minor dependents who is a single parent or whose spouse is also a member of the Armed Forces when the member may be deployed in an area for which imminent danger pay is authorized under section 310 or 351 of title 37, United States Code. Such procedures should allow the member to request a deferment of deployment due to unforeseen circumstances, and the request for such a deferment should be considered and responded to promptly.”

Policy on Concurrent Deployment to Combat Zones of Both Military Spouses of Military Families With Minor Children

Puspan. L. 108–136, div. A, title V, § 585, Nov. 24, 2003, 117 Stat. 1492, provided that:

“(a)Publication of Policy.—Not later than 180 days after the date of the enactment of this Act [Nov. 24, 2003], the Secretary of Defense shall—

“(1) prescribe the policy of the Department of Defense on concurrent deployment to a combat zone of both spouses of a dual-military family with one or more minor children; and

“(2) transmit the policy to the Committees on Armed Services of the Senate and the House of Representatives.

“(span)Dual-Military Family Defined.—In this section, the term ‘dual-military family’ means a family in which both spouses are members of the Armed Forces.”

Review of Management of Deployments of Individual Members

Puspan. L. 106–398, § 1 [[div. A], title V, § 574(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–138, as amended by Puspan. L. 107–107, div. A, title V, § 592(span), Dec. 28, 2001, 115 Stat. 1125, directed the Secretary of Defense to submit to committees of Congress a report on the administration of this section during fiscal year 2001 not later than Mar. 31, 2002.