[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5348 Introduced in House (IH)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Career Intermission Program 
Act of 2018''.

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:
``Sec. 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 Active 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 Service; Effect of 
Inactivation.--(1) The period of inactivation 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 exceed three years.
    ``(2) Any service by a Reserve officer while participating in a 
program under this section shall be excluded from computation of the 
total years of service of that officer pursuant to section 14706(a) of 
this title.
    ``(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 
agreement that member shall agree as follows:
            ``(1) To accept an appointment or enlist, as applicable, 
        and serve in the Ready Reserve of the armed forces concerned 
        during the period of the inactivation of the member from active 
        service under the program.
            ``(2) To undergo during the period of the inactivation of 
        the member from active service under the program such inactive 
        service training as the Secretary concerned shall require in 
        order to ensure that the member retains proficiency, at a level 
        determined by the Secretary concerned to be sufficient, in the 
        military skills, professional qualifications, and physical 
        readiness of the member during the inactivation 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 guidelines regarding the 
conditions of release that must be considered and addressed in the 
agreement required by subsection (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 regulations prescribed by the 
Secretary of the military department concerned, a member of the armed 
forces participating in a program under this section may, in the 
discretion of such Secretary, be required to terminate participation 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, 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 member 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 
participation in the program.
    ``(B) The inactivation from active service of a member 
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 return 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 special 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 
        remaining to run when the member commenced participation 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 specified in clause (i).
    ``(B)(i) Subparagraph (A) shall not apply to any special 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 criteria 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 subparagraph (A)(i), such pay or bonus ceases being 
authorized by law.
    ``(C) A member who is ineligible for payment of a special or 
incentive pay or bonus otherwise covered by this paragraph by reason of 
subparagraph (B)(i)(II) shall be subject to the requirements for 
repayment of such pay or bonus in accordance with the terms of the 
applicable agreement of the member under chapter 5 of title 37.
    ``(D) Any service required of a member under an agreement covered 
by this paragraph after the member returns to active service as 
described in subparagraph (A) shall be in addition to any service 
required of the member under an agreement under subsection (c).
    ``(4)(A) Subject to subparagraph (B), a member who participates in 
a program is entitled, while participating in the program, to the 
travel and transportation allowances authorized by section 474 of title 
37 for--
            ``(i) travel performed from the residence of the member, at 
        the time of release from active service to participate in the 
        program, to the location in the United States designated by the 
        member as his residence during the period of participation in 
        the program; and
            ``(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 entitled to carry 
forward the leave balance existing as of the day on which the member 
begins participation and accumulated 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 program--
            ``(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 consideration for 
        promotion when officers of the same competitive 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 reason 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 participating in a program 
under this section shall, while participating 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
            ``(2) retirement or separation for physical disability 
        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.
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