(a)
(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)
(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)
(d)
(e)
(f)
(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)
(h)
(1)
(2)
(3)
(4)
(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.
Amendment of Section
Pub. L. 118–159, div. A, title V, §582, Dec. 23, 2024, 138 Stat. 1910, provided that, effective on Jan. 1, 2026, this section is amended by adding at the end the following new subsection:
"(i)
"(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."
See 2024 Amendment note below.
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)
"(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)
"(c)
"(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)
"(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)
[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)
"(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)
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)
"(b)
"(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)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(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)
"(1)
"(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)
"(h)
"(i)
"(1)
"(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)
"(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)
"(4)
Improvements to Partner Criteria of the Military Spouse Employment Partnership Program
Pub. L. 116–283, div. A, title V, §587, Jan. 1, 2021, 134 Stat. 3655, provided that:
"(a)
"(1) Institutions of primary, secondary, and higher education.
"(2) Software and coding companies.
"(3) Local small businesses.
"(4) Companies that employ telework.
"(b)
"(c)
"(1) The results of the evaluation of the MSEP Program, including the implementation plan for any change to partnership criteria.
"(2) Data on the new partnerships undertaken as a result of the evaluation, including the type, size, and location of the partner entities.
"(3) Data on the utility of the MSEP Program, including—
"(A) the number of military spouses who have applied through the MSEP Program;
"(B) the average length of time a job is available before being filled or removed from the MSEP Program portal; and
"(C) the average number of new jobs posted on the MSEP Program portal each month."
Pilot Program on Public-private Partnerships for Telework Facilities for Military Spouses on Military Installations Outside the United States
Pub. L. 115–91, div. A, title V, §560, Dec. 12, 2017, 131 Stat. 1406, provided that:
"(a)
"(b)
"(c)
"(d)
"(1) 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.
"(2) 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.
"(3) 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).
"(4) The telework undertaken by military spouses under the pilot program may only be for United States companies.
"(5) 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.
"(e)
Improved Data Collection Related to Efforts To Reduce Underemployment of Spouses of Members of the Armed Forces and Close the Wage Gap Between Military Spouses and Their Civilian Counterparts
Pub. L. 113–291, div. A, title V, §568, Dec. 19, 2014, 128 Stat. 3386, provided that:
"(a)
"(1) in addressing the underemployment of military spouses;
"(2) in matching military spouses' education and experience to available employment positions; and
"(3) in closing the wage gap between military spouses and their civilian counterparts.
"(b)
"(1) in reducing military spouse unemployment and underemployment; and
"(2) in reducing the wage gap between military spouses and their civilian counterparts.
"(c)
Pilot Program To Secure Internships for Military Spouses With Federal Agencies
Pub. L. 111–84, div. A, title V, §564, Oct. 28, 2009, 123 Stat. 2308, provided that:
"(a)
"(b)
"(1)
"(2)
"(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.
"(B) A person who is also a member of the Armed Forces on active duty.
"(C) A person who is a retired member of the Armed Forces.
"(c)
"(d)
"(1) 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).
"(2) The term 'internship' means a professional, analytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement.
"(e)
"(f)
Continuation of Delegation of Authority With Respect to Hiring Preference for Qualified Military Spouses
Pub. L. 104–106, div. A, title V, §568(d), Feb. 10, 1996, 110 Stat. 336, provided that: "The provisions of Executive Order No. 12568, issued October 2, 1986 (10 U.S.C. 113 note) [set out below], shall apply as if the reference in that Executive order to section 806(a)(2) of the Department of Defense Authorization Act of 1986 refers to section 1784 of title 10, United States Code, as added by subsection (a)."
Executive Documents
Ex. Ord. No. 12568. Employment Opportunities for Military Spouses at Nonappropriated Fund Activities
Ex. Ord. No. 12568, Oct. 2, 1986, 51 F.R. 35497, provided:
By the authority vested in me as President by the laws of the United States of America, including section 301 of Title 3 of the United States Code, it is ordered that the Secretary of Defense and, as designated by him for this purpose, any of the Secretaries, Under Secretaries, and Assistant Secretaries of the Military Departments, are hereby empowered to exercise the discretionary authority granted to the President by subsection 806(a)(2) of the Department of Defense Authorization Act of 1986, Public Law No. 99–145 [formerly set out as a note under section 113 of this title, now deemed to refer to this section, see above], to give 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.
Ronald Reagan.