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 mili-
tary departments to conduct programs on career flexi-
bility to enhance retention of members of the Armed 
Forces, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Career Inter-
mission Program Act of 2018’’. 
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SEC. 2. PERMANENT CAREER INTERMISSION PROGRAM. 
(a) CODIFICATION AND PERMANENT AUTHORITY.— 
Chapter 40 of title 10, United States Code, is amended 
by adding at the end the following new section 710: 
‘‘§ 710. Career flexibility to enhance retention of 
members 
‘‘(a) PROGRAMS AUTHORIZED.—Each Secretary of a 
military department may carry out programs under which 
members of the regular components and members on Ac-
tive Guard and Reserve duty of the armed forces under 
the jurisdiction of such Secretary may be inactivated from 
active service in order to meet personal or professional 
needs and returned to active service at the end of such 
period of inactivation from active service. 
‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERV-
ICE; EFFECT OF INACTIVATION.—(1) The period of inac-
tivation from active service under a program under this 
section of a member participating in the program shall be 
such period as the Secretary of the military department 
concerned shall specify in the agreement of the member 
under subsection (c), except that such period may not ex-
ceed three years. 
‘‘(2) Any service by a Reserve officer while partici-
pating in a program under this section shall be excluded 
from computation of the total years of service of that offi-
cer pursuant to section 14706(a) of this title. 
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‘‘(3) Any period of participation of a member in a 
program under this section shall not count toward— 
‘‘(A) eligibility for retirement or transfer to the 
Ready Reserve under either chapter 571 or 1223 of 
this title; or 
‘‘(B) computation of retired or retainer pay 
under chapter 71 or 1223 of this title. 
‘‘(c) AGREEMENT.—Each member of the armed 
forces who participates in a program under this section 
shall enter into a written agreement with the Secretary 
of the military department concerned under which agree-
ment that member shall agree as follows: 
‘‘(1) To accept an appointment or enlist, as ap-
plicable, and serve in the Ready Reserve of the 
armed forces concerned during the period of the in-
activation of the member from active service under 
the program. 
‘‘(2) To undergo during the period of the inac-
tivation of the member from active service under the 
program such inactive service training as the Sec-
retary concerned shall require in order to ensure 
that the member retains proficiency, at a level deter-
mined by the Secretary concerned to be sufficient, in 
the military skills, professional qualifications, and 
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physical readiness of the member during the inac-
tivation of the member from active service. 
‘‘(3) Following completion of the period of the 
inactivation of the member from active service under 
the program, to serve two months as a member of 
the armed forces on active service for each month of 
the period of the inactivation of the member from 
active service under the program. 
‘‘(d) CONDITIONS OF RELEASE.—The Secretary of 
Defense shall prescribe regulations specifying the guide-
lines regarding the conditions of release that must be con-
sidered and addressed in the agreement required by sub-
section (c). At a minimum, the Secretary shall prescribe 
the procedures and standards to be used to instruct a 
member on the obligations to be assumed by the member 
under paragraph (2) of such subsection while the member 
is released from active service. 
‘‘(e) ORDER TO ACTIVE SERVICE.—Under regula-
tions prescribed by the Secretary of the military depart-
ment concerned, a member of the armed forces partici-
pating in a program under this section may, in the discre-
tion of such Secretary, be required to terminate participa-
tion in the program and be ordered to active service. 
‘‘(f) PAY
AND
ALLOWANCES.—(1) During each 
month of participation in a program under this section, 
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a member who participates in the program shall be paid 
basic pay in an amount equal to two-thirtieths of the 
amount of monthly basic pay to which the member would 
otherwise be entitled under section 204 of title 37 as a 
member of the uniformed services on active service in the 
grade and years of service of the member when the mem-
ber commences participation in the program. 
‘‘(2)(A) A member who participates in a program 
shall not, while participating in the program, be paid any 
special or incentive pay or bonus to which the member is 
otherwise entitled under an agreement under chapter 5 of 
title 37 that is in force when the member commences par-
ticipation in the program. 
‘‘(B) The inactivation from active service of a mem-
ber participating in a program shall not be treated as a 
failure of the member to perform any period of service 
required of the member in connection with an agreement 
for a special or incentive pay or bonus under chapter 5 
of title 37 that is in force when the member commences 
participation in the program. 
‘‘(3)(A) Subject to subparagraph (B), upon the re-
turn of a member to active service after completion by the 
member of participation in a program— 
‘‘(i) any agreement entered into by the member 
under chapter 5 of title 37 for the payment of a spe-
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cial or incentive pay or bonus that was in force when 
the member commenced participation in the program 
shall be revived, with the term of such agreement 
after revival being the period of the agreement re-
maining to run when the member commenced par-
ticipation in the program; and 
‘‘(ii) any special or incentive pay or bonus shall 
be payable to the member in accordance with the 
terms of the agreement concerned for the term spec-
ified in clause (i). 
‘‘(B)(i) Subparagraph (A) shall not apply to any spe-
cial or incentive pay or bonus otherwise covered by that 
subparagraph with respect to a member if, at the time 
of the return of the member to active service as described 
in that subparagraph— 
‘‘(I) such pay or bonus is no longer authorized 
by law; or 
‘‘(II) the member does not satisfy eligibility cri-
teria for such pay or bonus as in effect at the time 
of the return of the member to active service. 
‘‘(ii) Subparagraph (A) shall cease to apply to any 
special or incentive pay or bonus otherwise covered by that 
subparagraph with respect to a member if, during the 
term of the revived agreement of the member under sub-
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‘‘(ii) travel performed to the residence of the 
member upon return to active service at the end of 
the participation of the member in the program. 
‘‘(B) An allowance is payable under this paragraph 
only with respect to travel of a member to and from a 
single residence. 
‘‘(5) A member who participates in a program is enti-
tled to carry forward the leave balance existing as of the 
day on which the member begins participation and accu-
mulated in accordance with section 701 of this title, but 
not to exceed 60 days. 
‘‘(g) PROMOTION.—(1)(A) An officer participating in 
a program under this section shall not, while participating 
in the program, be eligible for consideration for promotion 
under chapter 36 or 1405 of this title. 
‘‘(B) Upon the return of an officer to active service 
after completion by the officer of participation in a pro-
gram— 
‘‘(i) the Secretary of the military department 
concerned shall adjust the date of rank of the officer 
in such manner as the Secretary of Defense shall 
prescribe in regulations for purposes of this section; 
and 
‘‘(ii) the officer shall be eligible for consider-
ation for promotion when officers of the same com-
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petitive category, grade, and seniority are eligible for 
consideration for promotion. 
‘‘(2) An enlisted member participating in a program 
shall not be eligible for consideration for promotion during 
the period that— 
‘‘(A) begins on the date of the inactivation of 
the member from active service under the program; 
and 
‘‘(B) ends at such time after the return of the 
member to active service under the program that the 
member is treatable as eligible for promotion by rea-
son of time in grade and such other requirements as 
the Secretary of the military department concerned 
shall prescribe in regulations for purposes of the 
program. 
‘‘(h) CONTINUED ENTITLEMENTS.—A member par-
ticipating in a program under this section shall, while par-
ticipating in the program, be treated as a member of the 
armed forces on active duty for a period of more than 30 
days for purposes of— 
‘‘(1) the entitlement of the member and of the 
dependents of the member to medical and dental 
care under the provisions of chapter 55 of this title; 
and 
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‘‘(2) retirement or separation for physical dis-
ability under the provisions of chapters 55 and 61 
of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 709a the following new 
item: 
710. Career flexibility to enhance retention of members. 
Æ 
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