§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 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.

(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.

(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.

(2) 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); or

(B) performing administrative, guard, or detail duties in garrison at the member's permanent duty station.

(3) 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, §586(a), Oct. 5, 1999, 113 Stat. 637 .)

Effective Date

Pub. 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 (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, §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."