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

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 941 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President may take measures to increase employment opportunities for military spouses, and the Secretary of Defense must prescribe implementing rules. The section also addresses training space, Federal and private employment, licensing compacts, and a temporary fellowship program.

(a) Authority. The President must order measures the President considers necessary to increase employment opportunities for armed-forces spouses. They may include: (1) under section 3302 of title 5, excepting certain outside-the-United-States Department of Defense positions from the competitive service so qualified spouses can work near the member’s permanent duty station; and (2) giving qualified spouses preference for nonappropriated-fund jobs near the activity, for wage-grade UA-8 and lower and equivalent jobs and hourly-paid jobs. (b) Regulations. The Secretary of Defense must issue rules: (1) to implement the President’s measures; (2) to give qualified spouses hiring preference for a Department of Defense civilian job when the spouse is among the best-qualified applicants and the job is near the member’s permanent duty station; (3) to give notice of vacancies in a way reasonably designed to reach spouses stationed in the same geographic area; and (4) to ensure, as practicable, that an applying spouse is considered for Department jobs in that area. (c) Preference Eligibles. This section does not give a spouse preference over a “preference eligible” person. This section does not define that term. (d) Training Space. Under Secretary-prescribed rules, a military-department Secretary may make space in non-excess facilities under that Secretary’s control available to a non-Department of Defense entity to provide employment-related training for military spouses. (e) Other Federal Agencies. The Secretary must work with the Office of Personnel Management Director and other Federal department and agency heads to expand and make easier the use of existing Federal programs and resources supporting spouse employment. (f) Private Sector. The Secretary must seek partnerships with private firms to improve spouses’ employment and job portability, especially when a spouse follows a member to a new area after a permanent-duty-station change, and must work with the United States Chamber of Commerce and other suitable private entities to help form those partnerships. (g) DOD Contractors. The Secretary must examine and seek ways to include hiring preferences for qualified spouses in Department contracts with private entities. (h) Occupational-License Portability. (1) The Secretary must seek a cooperative agreement with the Council of State Governments to help fund interstate compacts on licensed occupations, reducing the burden of relicensing when a military spouse moves to another State because of a permanent duty-station change. (2) Assistance for one compact may not exceed $1,000,000. (3) Total assistance in one fiscal year may not exceed $4,000,000. (4) By February 28 each year, the Secretary must report to the Senate and House Armed Services Committees on compacts developed with this assistance. The report must list (A) compacts developed in the preceding calendar year, the licenses they cover, and the agreeing States; and (B) earlier compacts joined by one or more additional States during the preceding calendar year. (i) Employment Fellowships. (1) The Secretary must run a program giving spouses paid fellowships, including in-person, remote, and hybrid fellowships, with employers in various industries. The Secretary must: (A) seek an agreement with an entity to conduct it; (B) set its capacity based on available appropriations; and (C) create criteria to evaluate its effectiveness and cost-effectiveness in supporting spouses’ employment. (2) Authority to run the program ends January 1, 2031.
the actual law source: uscode.house.gov ↗public domain
(a)Authority.—

The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include—

(1)

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

(2)

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.

(b)Regulations.—

The Secretary of Defense shall prescribe regulations—

(1)

to implement such measures as the President orders under subsection (a);

(2)

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;

(3)

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

(4)

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.

(c)Status of Preference Eligibles.—

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.

(d)Space-Available Use of Facilities for Spouse Training Purposes.—

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.

(e)Employment by Other Federal Agencies.—

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.

(f)Private-Sector Employment.—

The Secretary of Defense—

(1)

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

(2)

shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships.

(g)Employment With DOD Contractors.—

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.

(h)Improvement of Occupational License Portability Through Interstate Compacts.—
(1)In general.—

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.

(2)Limitation on assistance per compact.—

The amount provided under paragraph (1) as assistance for the development of any particular interstate compact may not exceed $1,000,000.

(3)Limitation on total amount of assistance.—

The total amount of assistance provided under paragraph (1) in any fiscal year may not exceed $4,000,000.

(4)Annual report.—

Not later than February 28 each year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on interstate compacts described in paragraph (1) developed through assistance provided under that paragraph. Each report shall set forth the following:

(A)

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.

(B)

Any interstate compact developed during a prior calendar year into which one or more additional States agreed to enter during the preceding calendar year.

(i)Employment Fellowship Opportunities.—
(1)

The Secretary of Defense shall carry out a program to provide spouses of members of the armed forces with paid fellowships (including in-person, remote, and hybrid fellowships) with employers in various industries. To carry out such program, the Secretary shall take the following steps:

(A)

Seek to enter into an agreement with an entity to conduct such program.

(B)

Determine the appropriate capacity for the program based on the availability of appropriations for such purpose.

(C)

Establish criteria to evaluate the effectiveness and cost-effectiveness of the program in supporting the employment of such spouses.

(2)

The authority to carry out the program under this subsection shall terminate on January 1, 2031.

Source credit: (Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 107–107, div. A, title V, § 571(c), Dec. 28, 2001, 115 Stat. 1121; Pub. L. 116–92, div. A, title V, § 575, Dec. 20, 2019, 133 Stat. 1405; Pub. L. 116–283, div. A, title X, § 1081(a)(33), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 118–159, div. A, title V, §§ 581(a), 582(a), Dec. 23, 2024, 138 Stat. 1910.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-106 · 110 Stat. 330
  • 2001Amended · Pub. L. 107-107 · 115 Stat. 1121
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1405
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3872
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 1910

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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