Page:United States Statutes at Large Volume 114 Part 3.djvu/179

 PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-137 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)."; and (2) by adding at the end the following new paragraph: "(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) CLARIFICATION OF DEFINITION OF DEPLOYMENT.—Subsection (b) of such section is amended— (1) in paragraph (1), by inserting "or homeport, as the case may be" before the period at the end; (2) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (3) by inserting after paragraph (1) the following new paragraph (2): "(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."; and (4) in paragraph (3), as redesignated by paragraph (2) of this subsection— (A) by striking "or" at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting "; or"; and (C) by adding at the end the following new subparagraph: "(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.". (c) ASSOCIATED PER DIEM ALLOWANCE.—Section 435 of title 37, United States Code (as added to that title effective October 1, 2001, by section 586(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 638)) is amended—

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