Federal · Title 10 — Armed Forces

10 U.S.C. § 1784: Employment opportunities for military spouses

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excepting, pursuant to section 3302 of title 5 , from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA–8 and below and equivalent positions and for positions paid at hourly rates. to implement such measures as the President orders under subsection (a); to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member; to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and to ensure that the spouse of a member of the armed forces who applies for a vacant position in the Department of Defense shall, to the extent practicable, be considered for any such position located in the same geographic area as the permanent duty station of the member. Nothing in this section shall be construed to provide a spouse of a member of the armed forces with preference in hiring over an individual who is a preference eligible. Under regulations prescribed by the Secretary of Defense, the Secretary of a military department may make available to a non-Department of Defense entity space in non-excess facilities controlled by that Secretary for the purpose of the non-Department of Defense entity providing employment-related training for military spouses. The Secretary of Defense shall work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to expand and facilitate the use of existing Federal programs and resources in support of military spouse employment. shall seek to develop partnerships with firms in the private sector to enhance employment opportunities for spouses of members of the armed forces and to provide for improved job portability for such spouses, especially in the case of the spouse of a member of the armed forces accompanying the member to a new geographical area because of a change of permanent duty station of the member; and shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships. The Secretary of Defense shall examine and seek ways for incorporating hiring preferences for qualified spouses of members of the armed forces into contracts between the Department of Defense and private-sector entities. The Secretary of Defense shall seek to enter into a cooperative agreement with the Council of State Governments to assist with funding of the development of interstate compacts on licensed occupations in order to alleviate the burden associated with relicensing in such an occupation by spouse of a members of the armed forces in connection with a permanent change of duty station of members to another State. The amount provided under paragraph (1) as assistance for the development of any particular interstate compact may not exceed $1,000,000. The total amount of assistance provided under paragraph (1) in any fiscal year may not exceed $4,000,000. Any interstate compact developed during the preceding calendar year, including the occupational licenses covered by such compact and the States agreeing to enter into such compact. Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year. Seek to enter into an agreement with an entity to conduct such program. Determine the appropriate capacity for the program based on the availability of appropriations for such purpose. Establish criteria to evaluate the effectiveness and cost-effectiveness of the program in supporting the employment of such spouses. The authority to carry out the program under this subsection shall terminate on January 1, 2031 . Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. Determine the appropriate capacity for the pilot program based on annual funding availability. Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. The number of spouses who participated in the pilot program annually. The amount of funding spent through the pilot program annually. A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. The number of spouses who participated in the pilot program. The amount of funding spent through the pilot program. An evaluation of outcomes. A recommendation of the Secretary regarding whether to make the pilot program permanent. The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program.” A summary of actions that have been taken to implement the recommendation. engage military services and installations, members of the Spouse Ambassador Network, and other local stakeholders to obtain information on the outreach approaches and best practices used by military installations and stakeholders; overcome factors that may limit use of best practices; disseminate best practices to relevant stakeholders; and identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and a schedule, with specific milestones, for completing implementation of the recommendation. Not later than 18 months after the date of the enactment of this Act [ Dec. 27, 2021 ], the Secretary of Defense shall carry out activities to implement the plan developed under subsection (a).” The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the authority under subsection (b) to hire spouses of members of the uniformed services at locations outside the United States. the spouse has been authorized to accompany the member to the duty location at Government expense; and the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. An appointment made under this section shall be for a term not exceeding two years. The Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years. An appointment made under this section shall terminate on the date on which the member of the uniformed services relocates back to the United States in connection with a permanent change of station. Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. the authority of the President under section 3304 of title 5 , United States Code; the authority of the President under section 1784 of title 10 , United States Code; the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5 , United States Code; or any obligation under any applicable treaty, status of forces agreement, or other international agreement between the United States Government and the government of the country in which the position is located. The number of individuals appointed under this section. The position series and grade to which each individual described in subparagraph (A) was appointed. Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. Not later than December 31, 2026 , the Secretary shall submit to the appropriate committees of Congress a final report setting forth the information under paragraph (1). The pilot program under this section shall terminate on December 31, 2026 . the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Armed Services and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives. has the meaning given the term in section 101(a)(9) of title 10 , United States Code; and the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. The term ‘uniformed services’ has the meaning given the term in section 101(a)(5) of title 10 , United States Code. The term ‘United States’ has the meaning given that term in section 101(a)(1) of title 10 , United States Code.” Institutions of primary, secondary, and higher education. Software and coding companies. Local small businesses. Companies that employ telework. Upon completion of the evaluation under subsection (a), the Secretary, in consultation with the Department of Labor, shall seek to enter into agreements with entities described in paragraphs (1) through (4) of subsection (a) that are located near military installations (as that term is defined in section 2687 of title 10 , United States Code). The results of the evaluation of the MSEP Program, including the implementation plan for any change to partnership criteria. Data on the new partnerships undertaken as a result of the evaluation, including the type, size, and location of the partner entities. the number of military spouses who have applied through the MSEP Program; the average length of time a job is available before being filled or removed from the MSEP Program portal; and the average number of new jobs posted on the MSEP Program portal each month.” Commencing not later than one year after the date of the enactment of this Act [ Dec. 12, 2017 ], the Secretary of Defense shall carry out a pilot program to assess the feasability and advisability of providing telework facilities for military spouses on military installations outside the United States. The Secretary shall consult with the host nation or nations concerned in carrying out the pilot program. The Secretary shall carry out the pilot program at not less than two military installations outside the United States selected by the Secretary for purposes of the pilot program. The duration of the pilot program shall be a period selected by the Secretary, but not more than three years. The pilot program shall be conducted as one or more public-private partnerships between the Department of Defense and a private corporation or partnership of private corporations. The corporation or corporations participating in the pilot program shall contribute to the carrying out of the pilot program an amount equal to the amount committed by the Secretary to the pilot program at the time of its commencement. The Secretary shall enter into one or more memoranda of understanding with the corporation or corporations participating in the pilot program for purposes of the pilot program, including the amounts to be contributed by such corporation or corporations pursuant to paragraph (2). The telework undertaken by military spouses under the pilot program may only be for United States companies. The pilot program shall permit military spouses to provide administrative, informational technology, professional, and other necessary support to companies through telework from Department installations outside the United States. Of the amount authorized to be appropriated for fiscal year 2018 by section 421 [ 131 Stat. 1370 ] and available for military personnel as specified in the funding table in section 4401 [ 131 Stat. 1996 ], up to $1,000,000 may be available to carry out the pilot program, including entry into memoranda of understanding pursuant to subsection (d)(3) and payment by the Secretary of the amount committed by the Secretary to the pilot program pursuant to subsection (d)(2).” in addressing the underemployment of military spouses; in matching military spouses’ education and experience to available employment positions; and in closing the wage gap between military spouses and their civilian counterparts. in reducing military spouse unemployment and underemployment; and in reducing the wage gap between military spouses and their civilian counterparts. In this section, the term ‘military spouse employment programs’ means the Military Spouse Employment Partnership (MSEP).” The Secretary of Defense may enter into an agreement with the head of an executive department or agency that has an established internship program to reimburse the department or agency for authorized costs associated with the first year of employment of an eligible military spouse who is selected to participate in the internship program of the department or agency. Except as provided in paragraph (2), any person who is married to a member of the Armed Forces on active duty is eligible for selection to participate in an internship program under a reimbursement agreement entered into under subsection (a). A person who is legally separated from a member of the Armed Forces under court order or statute of any State, the District of Columbia, or possession of the United States when the person begins the internship. A person who is also a member of the Armed Forces on active duty. A person who is a retired member of the Armed Forces. Amounts authorized to be appropriated for operation and maintenance, for Defense-wide activities, shall be available to carry out this section. The term ‘authorized costs’ includes the costs of the salary, benefits and allowances, and training for an eligible military spouse during the first year of the participation of the military spouse in an internship program pursuant to an agreement under subsection (a). The term ‘internship’ means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement. No agreement may be entered into under subsection (a) after September 30, 2011 . Authorized costs incurred after that date may be reimbursed under an agreement entered into before that date in the case of eligible military spouses who begin their internship by that date. Not later than January 1, 2012 , the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that provides information on how many eligible military spouses received internships pursuant to agreements entered into under subsection (a) and the types of internship positions they occupied. The report shall specify the number of interns who subsequently obtained permanent employment with the department or agency administering the internship program or with another department or agency. The Secretary shall include a recommendation regarding whether, given the investment of Department of Defense funds, the authority to enter into agreements should be extended, modified, or terminated.”

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