I 

115TH CONGRESS 

2D SESSION H. R. 5348 

To amend title 10, United States Code, to codify and make permanent 

the authority of the Secretaries of the military departments to conduct 

programs on career flexibility to enhance retention of members of the 

Armed Forces, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2018 

Mr. BANKS of Indiana introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to codify and make 

permanent the authority of the Secretaries of the military departments to conduct programs on career flexibility to enhance retention of members of the Armed 

Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Career Inter5 mission Program Act of 2018’’. 


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1 SEC. 2. PERMANENT CAREER INTERMISSION PROGRAM. 

2 (a) CODIFICATION AND PERMANENT AUTHORITY.— 

3 Chapter 40 of title 10, United States Code, is amended 

4 by adding at the end the following new section 710: 

5 ‘‘§ 710. Career flexibility to enhance retention of 

6 members 

7 ‘‘(a) PROGRAMS AUTHORIZED.—Each Secretary of a 

8 military department may carry out programs under which 

9 members of the regular components and members on Ac10 tive Guard and Reserve duty of the armed forces under 

11 the jurisdiction of such Secretary may be inactivated from 

12 active service in order to meet personal or professional 

13 needs and returned to active service at the end of such 

14 period of inactivation from active service. 

15 ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERV16 ICE; EFFECT OF INACTIVATION.—(1) The period of inac17 tivation from active service under a program under this 

18 section of a member participating in the program shall be 

19 such period as the Secretary of the military department 

20 concerned shall specify in the agreement of the member 

21 under subsection (c), except that such period may not ex22 ceed three years. 

23 ‘‘(2) Any service by a Reserve officer while partici24 pating in a program under this section shall be excluded 

25 from computation of the total years of service of that offi26 cer pursuant to section 14706(a) of this title. 


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1 ‘‘(3) Any period of participation of a member in a 

2 program under this section shall not count toward— 

3 ‘‘(A) eligibility for retirement or transfer to the 

4 Ready Reserve under either chapter 571 or 1223 of 

5 this title; or 

6 ‘‘(B) computation of retired or retainer pay 

7 under chapter 71 or 1223 of this title. 

8 ‘‘(c) AGREEMENT.—Each member of the armed 

9 forces who participates in a program under this section 

10 shall enter into a written agreement with the Secretary 

11 of the military department concerned under which agree12 ment that member shall agree as follows: 

13 ‘‘(1) To accept an appointment or enlist, as ap14 plicable, and serve in the Ready Reserve of the 

15 armed forces concerned during the period of the in16 activation of the member from active service under 

17 the program. 

18 ‘‘(2) To undergo during the period of the inac19 tivation of the member from active service under the 

20 program such inactive service training as the Sec21 retary concerned shall require in order to ensure 

22 that the member retains proficiency, at a level deter23 mined by the Secretary concerned to be sufficient, in 

24 the military skills, professional qualifications, and 


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1 physical readiness of the member during the inac2 tivation of the member from active service. 

3 ‘‘(3) Following completion of the period of the 

4 inactivation of the member from active service under 

5 the program, to serve two months as a member of 

6 the armed forces on active service for each month of 

7 the period of the inactivation of the member from 

8 active service under the program. 

9 ‘‘(d) CONDITIONS OF RELEASE.—The Secretary of 

10 Defense shall prescribe regulations specifying the guide11 lines regarding the conditions of release that must be con12 sidered and addressed in the agreement required by sub13 section (c). At a minimum, the Secretary shall prescribe 

14 the procedures and standards to be used to instruct a 

15 member on the obligations to be assumed by the member 

16 under paragraph (2) of such subsection while the member 

17 is released from active service. 

18 ‘‘(e) ORDER TO ACTIVE SERVICE.—Under regula19 tions prescribed by the Secretary of the military depart20 ment concerned, a member of the armed forces partici21 pating in a program under this section may, in the discre22 tion of such Secretary, be required to terminate participa23 tion in the program and be ordered to active service. 

24 ‘‘(f) PAY AND ALLOWANCES.—(1) During each 

25 month of participation in a program under this section, 


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1 a member who participates in the program shall be paid 

2 basic pay in an amount equal to two-thirtieths of the 

3 amount of monthly basic pay to which the member would 

4 otherwise be entitled under section 204 of title 37 as a 

5 member of the uniformed services on active service in the 

6 grade and years of service of the member when the mem7 ber commences participation in the program. 

8 ‘‘(2)(A) A member who participates in a program 

9 shall not, while participating in the program, be paid any 

10 special or incentive pay or bonus to which the member is 

11 otherwise entitled under an agreement under chapter 5 of 

12 title 37 that is in force when the member commences par13 ticipation in the program. 

14 ‘‘(B) The inactivation from active service of a mem15 ber participating in a program shall not be treated as a 

16 failure of the member to perform any period of service 

17 required of the member in connection with an agreement 

18 for a special or incentive pay or bonus under chapter 5 

19 of title 37 that is in force when the member commences 

20 participation in the program. 

21 ‘‘(3)(A) Subject to subparagraph (B), upon the re22 turn of a member to active service after completion by the 

23 member of participation in a program— 

24 ‘‘(i) any agreement entered into by the member 

25 under chapter 5 of title 37 for the payment of a speVerDate Sep 11 2014 00:43 Mar 29, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5348.IH H5348

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1 cial or incentive pay or bonus that was in force when 

2 the member commenced participation in the program 

3 shall be revived, with the term of such agreement 

4 after revival being the period of the agreement re5 maining to run when the member commenced par6 ticipation in the program; and 

7 ‘‘(ii) any special or incentive pay or bonus shall 

8 be payable to the member in accordance with the 

9 terms of the agreement concerned for the term spec10 ified in clause (i). 

11 ‘‘(B)(i) Subparagraph (A) shall not apply to any spe12 cial or incentive pay or bonus otherwise covered by that 

13 subparagraph with respect to a member if, at the time 

14 of the return of the member to active service as described 

15 in that subparagraph— 

16 ‘‘(I) such pay or bonus is no longer authorized 

17 by law; or 

18 ‘‘(II) the member does not satisfy eligibility cri19 teria for such pay or bonus as in effect at the time 

20 of the return of the member to active service. 

21 ‘‘(ii) Subparagraph (A) shall cease to apply to any 

22 special or incentive pay or bonus otherwise covered by that 

23 subparagraph with respect to a member if, during the 

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1 paragraph (A)(i), such pay or bonus ceases being author2 ized by law. 

3 ‘‘(C) A member who is ineligible for payment of a 

4 special or incentive pay or bonus otherwise covered by this 

5 paragraph by reason of subparagraph (B)(i)(II) shall be 

6 subject to the requirements for repayment of such pay or 

7 bonus in accordance with the terms of the applicable 

8 agreement of the member under chapter 5 of title 37. 

9 ‘‘(D) Any service required of a member under an 

10 agreement covered by this paragraph after the member re11 turns to active service as described in subparagraph (A) 

12 shall be in addition to any service required of the member 

13 under an agreement under subsection (c). 

14 ‘‘(4)(A) Subject to subparagraph (B), a member who 

15 participates in a program is entitled, while participating 

16 in the program, to the travel and transportation allow17 ances authorized by section 474 of title 37 for— 

18 ‘‘(i) travel performed from the residence of the 

19 member, at the time of release from active service to 

20 participate in the program, to the location in the 

21 United States designated by the member as his resi22 dence during the period of participation in the pro23 gram; and 


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1 ‘‘(ii) travel performed to the residence of the 

2 member upon return to active service at the end of 

3 the participation of the member in the program. 

4 ‘‘(B) An allowance is payable under this paragraph 

5 only with respect to travel of a member to and from a 

6 single residence. 

7 ‘‘(5) A member who participates in a program is enti8 tled to carry forward the leave balance existing as of the 

9 day on which the member begins participation and accu10 mulated in accordance with section 701 of this title, but 

11 not to exceed 60 days. 

12 ‘‘(g) PROMOTION.—(1)(A) An officer participating in 

13 a program under this section shall not, while participating 

14 in the program, be eligible for consideration for promotion 

15 under chapter 36 or 1405 of this title. 

16 ‘‘(B) Upon the return of an officer to active service 

17 after completion by the officer of participation in a pro18 gram— 

19 ‘‘(i) the Secretary of the military department 

20 concerned shall adjust the date of rank of the officer 

21 in such manner as the Secretary of Defense shall 

22 prescribe in regulations for purposes of this section; 

23 and 

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1 petitive category, grade, and seniority are eligible for 

2 consideration for promotion. 

3 ‘‘(2) An enlisted member participating in a program 

4 shall not be eligible for consideration for promotion during 

5 the period that— 

6 ‘‘(A) begins on the date of the inactivation of 

7 the member from active service under the program; 

8 and 

9 ‘‘(B) ends at such time after the return of the 

10 member to active service under the program that the 

11 member is treatable as eligible for promotion by rea12 son of time in grade and such other requirements as 

13 the Secretary of the military department concerned 

14 shall prescribe in regulations for purposes of the 

15 program. 

16 ‘‘(h) CONTINUED ENTITLEMENTS.—A member par17 ticipating in a program under this section shall, while par18 ticipating in the program, be treated as a member of the 

19 armed forces on active duty for a period of more than 30 

20 days for purposes of— 

21 ‘‘(1) the entitlement of the member and of the 

22 dependents of the member to medical and dental 

23 care under the provisions of chapter 55 of this title; 

24 and 


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1 ‘‘(2) retirement or separation for physical dis2 ability under the provisions of chapters 55 and 61 

3 of this title.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections 

5 at the beginning of such chapter is amended by inserting 

6 after the item relating to section 709a the following new 

7 item: 

710. Career flexibility to enhance retention of members. 

Æ 


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