§ 1784. Employment opportunities for military spouses

§ 1784. Employment opportunities for military spouses

(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.

(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.)

Editorial Notes

Amendments

2024—Subsec. (h)(5). Pub. L. 118–159, § 581(a), struck out par. (5). Text read as follows: “The authority to enter into a cooperative agreement under paragraph (1), and to provide assistance described in that paragraph pursuant to such cooperative agreement, expires on September 30, 2024.”

Subsec. (i). Pub. L. 118–159, § 582(a), added subsec. (i).

2021—Subsec. (h)(5). Pub. L. 116–283 substituted “expires” for “expire”.

2019—Subsec. (h). Pub. L. 116–92 added subsec. (h).

2001—Subsecs. (d) to (g). Pub. L. 107–107 added subsecs. (d) to (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment

Pub. L. 118–159, div. A, title V, § 581(b), Dec. 23, 2024, 138 Stat. 1910, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as if enacted immediately following the enactment of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), to which such amendment relates.”

Pub. L. 118–159, div. A, title V, § 582(b), Dec. 23, 2024, 138 Stat. 1911, provided that: “Subsection (i) of such section [10 U.S.C. 1784] shall take effect on January 1, 2026.”

Pilot Program To Establish Employment Fellowship Opportunities for Military Spouses

Pub. L. 117–81, div. A, title V, § 564, Dec. 27, 2021, 135 Stat. 1748, provided that: “(a) Establishment.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense may establish a three-year pilot program to provide employment support to the spouses of members of the Armed Forces through a paid fellowship with employers across a variety of industries. In carrying out the pilot program, the Secretary shall take the following steps:“(1) Enter into a contract or other agreement to conduct a career fellowship pilot program for military spouses. “(2) Determine the appropriate capacity for the pilot program based on annual funding availability. “(3) Establish evaluation criteria to determine measures of effectiveness and cost-benefit analysis of the pilot program in supporting military spouse employment. “(b) Limitation on Total Amount of Assistance.—The total amount of the pilot program may not exceed $5,000,000 over the life of the pilot. “(c) Reports.—Not later than two years after the Secretary establishes the pilot program, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives an interim report that includes the following elements:“(1) The number of spouses who participated in the pilot program annually. “(2) The amount of funding spent through the pilot program annually. “(3) A recommendation of the Secretary regarding whether to discontinue, expand, or make the pilot program permanent. “(d) Final Report.—Not later than 180 days after the pilot program ends, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report that includes the following elements:“(1) The number of spouses who participated in the pilot program. “(2) The amount of funding spent through the pilot program. “(3) An evaluation of outcomes. “(4) A recommendation of the Secretary regarding whether to make the pilot program permanent. “(e) Termination.—The pilot program shall terminate three years after the date on which the Secretary establishes the pilot program.”

[Pub. L. 118–159, div. A, title V, § 582(c), Dec. 23, 2024, 138 Stat. 1911, provided that: “The pilot program under section 564 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1784 note) [set out above] shall terminate on January 1, 2026.]”

Implementation of GAO Recommendation on Improved Communication of Best Practices To Engage Military Spouses With Career Assistance Resources

Pub. L. 117–81, div. A, title V, § 566, Dec. 27, 2021, 135 Stat. 1749, provided that: “(a) Plan Required.—The Secretary of Defense shall develop a plan to implement the recommendation of the Comptroller General of the United States, to address strategies for sharing information on outreach to military spouses regarding career assistance resources, in the report of the Government Accountability Office titled ‘Military Spouse Employment: DOD Should Continue Assessing State Licensing Practices and Increase Awareness of Resources’ (GAO–21–193). The plan shall include the following elements:“(1) A summary of actions that have been taken to implement the recommendation. “(2) A summary of actions that will be taken to implement the recommendation, including how the Secretary plans to—“(A) 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; “(B) overcome factors that may limit use of best practices; “(C) disseminate best practices to relevant stakeholders; and “(D) identify ways to and better coordinate with the Secretaries of Veterans Affairs, Labor, and Housing and Urban Development; and “(E) a schedule, with specific milestones, for completing implementation of the recommendation. “(b) Implementation; Deadline.—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).”

Pilot Program on Direct Hire Authority for Spouses of Members of the Uniformed Services at Locations Outside the United States

Pub. L. 117–81, div. A, title VI, § 625, Dec. 27, 2021, 135 Stat. 1772, provided that: “(a) In General.—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. “(b) Authority.—In carrying out the pilot program under this section, the Secretary may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code (other than sections 3303 and 3328 of such chapter), a spouse of a member of the uniformed services stationed at a duty location outside the United States to a position described in subsection (c) if—“(1) the spouse has been authorized to accompany the member to the duty location at Government expense; and “(2) the duty location is within reasonable commuting distance, as determined by the Secretary concerned, of the location of the position. “(c) Position Described.—A position described in this subsection is a competitive service position within the Department of Defense that is located outside the United States. “(d) Term of Appointment.—“(1) In general.—An appointment made under this section shall be for a term not exceeding two years. “(2) Renewal.—The Secretary of Defense may renew an appointment made under this section for not more than two additional terms, each not exceeding two years. “(3) Termination.—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. “(e) Payment of Travel and Transportation Allowances.—Nothing in this section may be construed to authorize additional travel or transportation allowances in connection with an appointment made under this section. “(f) Relationship to Other Law.—Nothing in this section may be construed to interfere with—“(1) the authority of the President under section 3304 of title 5, United States Code; “(2) the authority of the President under section 1784 of title 10, United States Code; “(3) the ability of the head of an agency to make noncompetitive appointments pursuant to section 3330d of title 5, United States Code; or “(4) 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. “(g) Reports Required.—“(1) In general.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], and annually thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report setting forth the following:“(A) The number of individuals appointed under this section. “(B) The position series and grade to which each individual described in subparagraph (A) was appointed. “(C) Demographic data on the individuals described in subparagraph (A), including with respect to race, gender, age, and education level attained. “(D) Data on the members of the uniformed services whose spouses have been appointed under this section, including the rank of each such member. “(E) Such recommendations for legislative or administrative action as the Secretary considers appropriate relating to continuing or expanding the pilot program. “(2) Final report.—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). “(h) Termination.—The pilot program under this section shall terminate on December 31, 2026. “(i) Definitions.—In this section:“(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—“(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and “(B) the Committee on Armed Services and the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives. “(2) Secretary concerned.—The term ‘Secretary concerned’—“(A) has the meaning given the term in section 101(a)(9) of title 10, United States Code; and “(B) includes—“(i) the Secretary of Commerce, with respect to matters concerning the commissioned officer corps of the National Oceanic and Atmospheric Administration; and “(ii) the Secretary of Health and Human Services, with respect to matters concerning the commissioned corps of the Public Health Service. “(3) Uniformed services.—The term ‘uniformed services’ has the meaning given the term in section 101(a)(5) of title 10, United States Code. “(4) United states.—The term ‘United States’ has the meaning given that term in section 101(a)(1) of title 10, United States Code.”

Improvements to Partner Criteria of the Military Spouse Employment Partnership Program