Sec. 525. Marine Corps permeability pilot program
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/bill/118/hr/8070/rds/section-525·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Commandant of the Marine Corps (hereinafter Commandant ) may carry out a pilot program under which a member may move between the active component and reserve components of the Marine Corps more easily, in accordance with the following: Up to 50 officers and 200 enlisted members of the regular component of the Marine Corps may be transferred to the Selected Reserve of the Marine Corps and returned to active duty at the end of the period of transfer under subsection (b). An officer in a grade below O-6 who returns to active duty at the end of such period of transfer shall be reappointed as a regular officer by the President.
The Commandant may not approve a transfer under the pilot program after September 30, 2028. The period of transfer from active duty under a pilot program under this section shall be such period as the Commandant shall specify in the agreement of the member under subsection (c), except that such period may not exceed three years. Any service by a transferred reserve officer while participating in a pilot program under this section shall be included in computation of the total years of service of such officer pursuant to section 14706(a) of title 10, United States Code.
Any period of participation of a transferred member in a program under this section shall count toward— eligibility for retirement or transfer to the Ready Reserve under chapter 841 or 1223 of title 10, United States Code; or computation of retired or retainer pay under chapter 841 or 1223 of title 10, United States Code. Each member of the Marine Corps who participates in a pilot program under this section shall enter into a written agreement with the Commandant, under which the member shall agree to terms including the following:
To undergo, during a period of transfer under subsection (b), such training as the Commandant shall require, including requirements under section 10147 of title 10, United States Code. Following completion of a period of transfer under subsection (b), to serve up to two months as a member of the Marine Corps on active duty for each month of such period of transfer. Following completion of an initial period of transfer, a member may request a waiver of the period of obligated service under this paragraph.
If the Commandant waives such period of obligated service, the member shall remain in the Selected Reserve, entitled to pay, allowances, and benefits of a member of the uniformed services in the grade and years of service of such member. During a period of transfer under subsection (b), a member shall receive any applicable pay or allowance other than a travel and transportation allowance under title 37, United States Code, for a reserve member of the uniformed services in the grade and years of service of the member.
A member who participates in a pilot program under this section shall not be determined to violate an existing agreement to remain on active duty relating to special or incentive pay under chapter 5 of title 37, United States Code, solely on the basis of such participation. The period of such agreement shall be suspended for the period of transfer under subsection (b), resume at the end of such period of transfer, and be in addition to any period of obligated service under subsection (c).
If, at the end of a period of transfer under subsection (b), the special or incentive pay relating to an existing agreement to remain on active duty described in subparagraph
(A)is no longer authorized by law, the member shall not be entitled to such special or incentive pay. A member who is ineligible for payment of a special or incentive pay described in subparagraph
(B)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, United States Code. A member who participates in a pilot program under this section is entitled to travel and transportation allowances under section 452 of title 37, United States Code, to relocate— from the residence of the member at the beginning of a period of transfer under subsection (b), to the location in the United States designated by the member as the residence of such member during such period of transfer; and from the residence designated under subparagraph
(A)to the residence of the member after the end of such period of transfer. A member who participates in a pilot program is entitled to carry, in accordance with section 701 of title 10, United States Code, the leave accrued by such member until the day before the beginning of a period of transfer under subsection (b). An officer participating in a pilot program under this section may be eligible for consideration for promotion as a member of the reserve component in accordance with section 14005 and 14305 of title 10, United States Code, during the period of transfer under subsection (b). Upon the return of an officer to active duty after completion of a period transfer under subsection (b)— the Commandant may adjust the date of rank of the officer to a date as appropriate in accordance with the standards prescribed by the Secretary of Defense; and 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. An enlisted member participating in a pilot program under this section may be eligible for consideration for promotion as a member of the reserve component during the period of transfer under subsection (b). A member participating in a pilot program under this section shall, while participating in the pilot program, be treated as a member of the Marine Corps on active duty for a period of more than 30 days for purposes of— the entitlement of the member and of the dependents of the member to medical and dental care under the provisions of chapter 55 of title 10, United States Code; retirement or separation for physical disability under the provisions of chapters 55 and 61 of title 10, United States Code; the entitlement of the member and of the survivors of the member to all death benefits under the provisions of chapter 75 of title 10, United States Code; the provision of all travel and transportation allowances for the survivors of deceased members to attend burial ceremonies under section 453(f) of title 37, United States Code; and the eligibility of the member for general benefits as provided in part II of title 38, United States Code. Before carrying out a pilot program under this section, the Commandant shall prescribe regulations under this section. Such regulations shall include additional terms of an agreement under subsection (c), including instructions to a member regarding the obligations of a member during a period of transfer under subsection (b). Under regulations prescribed by the Commandant, a member of the Marine Corps participating in a pilot program under this section may, at the discretion of the Commandant, be required to terminate participation in the pilot program and return to active duty.