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

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

Page 1603 TITLE 10—ARMED FORCES § 1784 agencies of the Federal Government and from State and local governments; and ‘‘(C) otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support for Military Families With Special Needs in such manner as the Secretary of Defense and the Di- rector jointly determine appropriate. ‘‘(4) MEETINGS.—The Director shall meet with the ad- visory panel at such times, and with such frequency, as the Director considers appropriate. The Director shall meet with the panel at least once each year. The Direc- tor may meet with the panel through teleconferencing or by other electronic means.’’ § 1782. Surveys of military families (a) AUTHORITY.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military families and the need for new programs, may conduct surveys of— (1) members of the armed forces who are on active duty, in an active status, or retired; (2) family members of such members; and (3) survivors of deceased retired members and of members who died while on active duty. (b) RESPONSES TO BE VOLUNTARY.—Responses to surveys conducted under this section shall be voluntary. (c) FEDERAL RECORDKEEPING REQUIREMENTS.— With respect to a survey authorized under sub- section (a) that includes a person referred to in that subsection who is not an employee of the United States or is not otherwise considered an employee of the United States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered as being an employee of the United States for the purposes of that section. (d) SURVEY REQUIRED FOR FISCAL YEAR 2010.— Notwithstanding subsection (a), during fiscal year 2010, the Secretary of Defense shall conduct

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Page 1603 TITLE 10—ARMED FORCES § 1784 agencies of the Federal Government and from State and local governments; and ‘‘(C) otherwise advise and assist the Director in the discharge of the duties of the Office of Community Support for Military Families With Special Needs in such manner as the Secretary of Defense and the Di- rector jointly determine appropriate. ‘‘(4) MEETINGS.—The Director shall meet with the ad- visory panel at such times, and with such frequency, as the Director considers appropriate. The Director shall meet with the panel at least once each year. The Direc- tor may meet with the panel through teleconferencing or by other electronic means.’’ § 1782. Surveys of military families (a) AUTHORITY.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military families and the need for new programs, may conduct surveys of— (1) members of the armed forces who are on active duty, in an active status, or retired; (2) family members of such members; and (3) survivors of deceased retired members and of members who died while on active duty. (b) RESPONSES TO BE VOLUNTARY.—Responses to surveys conducted under this section shall be voluntary. (c) FEDERAL RECORDKEEPING REQUIREMENTS.— With respect to a survey authorized under sub- section (a) that includes a person referred to in that subsection who is not an employee of the United States or is not otherwise considered an employee of the United States for the purposes of section 3502(3)(A)(i) of title 44, the person shall be considered as being an employee of the United States for the purposes of that section. (d) SURVEY REQUIRED FOR FISCAL YEAR 2010.— Notwithstanding subsection (a), during fiscal year 2010, the Secretary of Defense shall conduct a survey otherwise authorized under such sub- section. Thereafter, additional surveys may be conducted not less often than once every three fiscal years. (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, § 572, Dec. 28, 2001, 115 Stat. 1122; Pub. L. 110–181, div. A, title V, § 581(c), Jan. 28, 2008, 122 Stat. 122.) Editorial Notes AMENDMENTS 2008—Subsec. (d). Pub. L. 110–181 added subsec. (d). 2001—Subsec. (a). Pub. L. 107–107, § 572(a), reenacted heading without change and amended text generally. Text read as follows: ‘‘The Secretary of Defense may conduct surveys of members of the armed forces on ac- tive duty or in an active status, members of the fami- lies of such members, and retired members of the armed forces to determine the effectiveness of Federal programs relating to military families and the need for new programs.’’ Subsec. (c). Pub. L. 107–107, § 572(b), reenacted heading without change and amended text generally. Text read as follows: ‘‘With respect to such surveys, family mem- bers of members of the armed forces and reserve and re- tired members of the armed forces shall be considered to be employees of the United States for purposes of section 3502(3)(A)(i) of title 44.’’ § 1783. Family members serving on advisory com- mittees A committee within the Department of De- fense which advises or assists the Department in the performance of any function which affects members of military families and which in- cludes members of military families in its mem- bership shall not be considered an advisory com- mittee under section 1001(2) of title 5 solely be- cause of such membership. (Added Pub. L. 104–106, div. A, title V, § 568(a)(1), Feb. 10, 1996, 110 Stat. 330; amended Pub. L. 117–286, § 4(a)(50), Dec. 27, 2022, 136 Stat. 4311.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–286 substituted ‘‘section 1001(2) of title 5’’ for ‘‘section 3(2) of the Federal Advisory Com- mittee Act (5 U.S.C. App.)’’. § 1784. Employment opportunities for military spouses (a) AUTHORITY.—The President shall order such measures as the President considers nec- essary 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 posi- tions 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 posi- tions in wage grade UA–8 and below and equiv- alent positions and for positions paid at hour- ly rates. (b) REGULATIONS.—The Secretary of Defense shall prescribe regulations— (1) to implement such measures as the Presi- dent 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 De- fense if the spouse is among persons deter- mined to be best qualified for the position and if the position is located in the same geo- graphical area as the permanent duty station of the member; (3) to ensure that notice of any vacant posi- tion 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 geo- graphic 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 posi- tion 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.—Noth- ing 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. Page 1604 TITLE 10—ARMED FORCES § 1784 (d) SPACE-AVAILABLE USE OF FACILITIES FOR SPOUSE TRAINING PURPOSES.—Under regulations prescribed by the Secretary of Defense, the Sec- retary 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-Depart- ment of Defense entity providing employment- related training for military spouses. (e) EMPLOYMENT BY OTHER FEDERAL AGEN- CIES.—The Secretary of Defense shall work with the Director of the Office of Personnel Manage- ment and the heads of other Federal depart- ments 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 Sec- retary of Defense— (1) shall seek to develop partnerships with firms in the private sector to enhance employ- ment 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 Cham- ber of Commerce and other appropriate pri- vate-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 De- fense 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 agree- ment 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 par- ticular interstate compact may not exceed $1,000,000. (3) LIMITATION ON TOTAL AMOUNT OF ASSIST- ANCE.—The total amount of assistance pro- vided under paragraph (1) in any fiscal year may not exceed $4,000,000. (4) ANNUAL REPORT.—Not later than Feb- ruary 28 each year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a re- port on interstate compacts described in para- graph (1) developed through assistance pro- vided under that paragraph. Each report shall set forth the following: (A) Any interstate compact developed dur- ing 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 dur- ing a prior calendar year into which one or more additional States agreed to enter dur- ing the preceding calendar year. (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.) 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) 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 Sec- retary 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 appropria- tions for such purpose. ‘‘(C) Establish criteria to evaluate the effective- ness and cost-effectiveness of the program in sup- porting 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 para- graph 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 ‘‘ex- pires’’ for ‘‘expire’’. 2019—Subsec. (h). Pub. L. 116–92 added subsec. (h). 2001—Subsecs. (d) to (g). Pub. L. 107–107 added sub- secs. (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 re- lates.’’ 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: Page 1605 TITLE 10—ARMED FORCES § 1784 ‘‘(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 fellow- ship 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 mili- tary 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 em- ployment. ‘‘(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 in- terim 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 termi- nate 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 IM- PROVED COMMUNICATION OF BEST PRACTICES TO EN- GAGE 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 ad- dress 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 Con- tinue 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 im- plement the recommendation, including how the Sec- retary 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 stake- holders; 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 com- pleting 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 sub- section (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 uni- formed 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 ex- pense; and ‘‘(2) the duty location is within reasonable com- muting distance, as determined by the Secretary con- cerned, 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 exceed- ing 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 AL- LOWANCES.—Nothing in this section may be construed to authorize additional travel or transportation allow- ances 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 posi- tion 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: Page 1606 TITLE 10—ARMED FORCES § 1784 ‘‘(A) The number of individuals appointed under this section. ‘‘(B) The position series and grade to which each individual described in subparagraph (A) was ap- pointed. ‘‘(C) Demographic data on the individuals de- scribed in subparagraph (A), including with respect to race, gender, age, and education level attained. ‘‘(D) Data on the members of the uniformed serv- ices whose spouses have been appointed under this section, including the rank of each such member. ‘‘(E) Such recommendations for legislative or ad- ministrative action as the Secretary considers ap- propriate 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 sec- tion 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 Govern- mental Affairs of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Oversight and Reform [now Com- mittee 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 Serv- ices, with respect to matters concerning the com- missioned 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 Pub. L. 116–283, div. A, title V, § 587, Jan. 1, 2021, 134 Stat. 3655, provided that: ‘‘(a) EVALUATION; UPDATES.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall evaluate the part- ner criteria set forth in the Military Spouse Employ- ment Partnership Program (in this section referred to as the ‘MSEP Program’) and implement updates that the Secretary determines will improve such criteria without diminishing the need for partners to exhibit sound business practices, broad diversity efforts, and relative financial stability. Such updates may expand the number of the following entities that meet such criteria: ‘‘(1) Institutions of primary, secondary, and higher education. ‘‘(2) Software and coding companies. ‘‘(3) Local small businesses. ‘‘(4) Companies that employ telework. ‘‘(b) NEW PARTNERSHIPS.—Upon completion of the evaluation under subsection (a), the Secretary, in con- sultation with the Department of Labor, shall seek to enter into agreements with entities described in para- graphs (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). ‘‘(c) REVIEW; REPORT.—Not later than one year after implementation under subsection (a), the Secretary shall review updates under subsection (a) and publish a report regarding such review on a publicly-accessible website of the Department of Defense. Such report shall include the following: ‘‘(1) The results of the evaluation of the MSEP Pro- gram, 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, in- cluding— ‘‘(A) the number of military spouses who have ap- plied through the MSEP Program; ‘‘(B) the average length of time a job is available before being filled or removed from the MSEP Pro- gram 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) IN GENERAL.—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. ‘‘(b) NUMBER OF INSTALLATIONS.—The Secretary shall carry out the pilot program at not less than two mili- tary installations outside the United States selected by the Secretary for purposes of the pilot program. ‘‘(c) DURATION.—The duration of the pilot program shall be a period selected by the Secretary, but not more than three years. ‘‘(d) ELEMENTS.—The pilot program shall include the following elements: ‘‘(1) The pilot program shall be conducted as one or more public-private partnerships between the Depart- ment of Defense and a private corporation or partner- ship 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 pro- gram 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 in- stallations outside the United States. ‘‘(e) FUNDING.—Of the amount authorized to be appro- priated 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 pro- gram, including entry into memoranda of under- standing pursuant to subsection (d)(3) and payment by the Secretary of the amount committed by the Sec- Page 1607 TITLE 10—ARMED FORCES § 1784a retary to the pilot program pursuant to subsection (d)(2).’’ 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) DATA COLLECTION EFFORTS.—In addition to moni- toring the number of spouses of members of the Armed Forces who obtain employment through military spouse employment programs, the Secretary of Defense shall collect data to evaluate the effectiveness of mili- tary spouse employment programs— ‘‘(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) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act [Dec. 19, 2014], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Rep- resentatives] a report evaluating the progress of mili- tary spouse employment programs— ‘‘(1) in reducing military spouse unemployment and underemployment; and ‘‘(2) in reducing the wage gap between military spouses and their civilian counterparts. ‘‘(c) MILITARY SPOUSE EMPLOYMENT PROGRAMS DE- FINED.—In this section, the term ‘military spouse em- ployment programs’ means the Military Spouse Em- ployment Partnership (MSEP).’’ 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) COST-REIMBURSEMENT AGREEMENTS WITH FED- ERAL AGENCIES.—The Secretary of Defense may enter into an agreement with the head of an executive de- partment or agency that has an established internship program to reimburse the department or agency for au- thorized costs associated with the first year of employ- ment of an eligible military spouse who is selected to participate in the internship program of the depart- ment or agency. ‘‘(b) ELIGIBLE MILITARY SPOUSES.— ‘‘(1) ELIGIBILITY.—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 reim- bursement agreement entered into under subsection (a). ‘‘(2) EXCLUSIONS.—Reimbursement may not be pro- vided with respect to the following persons: ‘‘(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 be- gins 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) FUNDING SOURCE.—Amounts authorized to be ap- propriated for operation and maintenance, for Defense- wide activities, shall be available to carry out this sec- tion. ‘‘(d) DEFINITIONS.—In this section: ‘‘(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 intern- ship program pursuant to an agreement under sub- section (a). ‘‘(2) The term ‘internship’ means a professional, an- alytical, or administrative position in the Federal Government that operates under a developmental program leading to career advancement. ‘‘(e) TERMINATION OF AGREEMENT AUTHORITY.—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. ‘‘(f) REPORTING REQUIREMENT.—Not later than Janu- ary 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 in- formation on how many eligible military spouses re- ceived internships pursuant to agreements entered into under subsection (a) and the types of internship posi- tions they occupied. The report shall specify the num- ber of interns who subsequently obtained permanent employment with the department or agency admin- istering the internship program or with another depart- ment or agency. The Secretary shall include a rec- ommendation regarding whether, given the investment of Department of Defense funds, the authority to enter into agreements should be extended, modified, or ter- minated.’’ CONTINUATION OF DELEGATION OF AUTHORITY WITH RE- SPECT TO HIRING PREFERENCE FOR QUALIFIED MILI- TARY SPOUSES Pub. L. 104–106, div. A, title V, § 568(d), Feb. 10, 1996, 110 Stat. 336, provided that: ‘‘The provisions of Execu- tive 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 Depart- ment of Defense Authorization Act of 1986 refers to sec- tion 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 ACTIVI- TIES 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 Sec- retaries, and Assistant Secretaries of the Military De- partments, are hereby empowered to exercise the dis- cretionary authority granted to the President by sub- section 806(a)(2) of the Department of Defense Author- ization 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 pref- erence 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. § 1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities (a) PROGRAMS AND TUITION ASSISTANCE.—(1) The Secretary of Defense may establish pro- grams to assist the spouse of a member of the armed forces described in subsection (b) in achieving— (A) the education and training required for a degree or credential at an accredited college,

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113

Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 113. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

Page 47 TITLE 10—ARMED FORCES § 113 (b) The offices of Chairman of the Munitions Board, Chairman of the Research and Development Board, Di- rector of the Defense Supply Management Agency, Dep- uty Director of the Defense Supply Management Agen- cy, and Director of Installations are hereby abolished. (c) The Secretary of Defense shall provide for winding up any outstanding affairs of the said abolished agency, boards, and offices, not otherwise provided for in this reorganization plan. (d) The function of guidance to the Munitions Board in connection with strategic and logistic plans as re- quired by section 213(c) of the National Security Act of 1947, as amended [section 171h(c) of former Title 5], is hereby abolished. SEC. 3. ASSISTANT SECRETARIES OF DEFENSE [Repealed. Pub. L. 85–599, § 10(b), Aug. 6, 1958, 72 Stat. 521, eff. six months after Aug. 6, 1958. Section author- ized appointment of six additional Assistant Secre- taries and prescribed their duties and compensation.] SEC. 4. GENERAL COUNSEL [Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized appointment of a Gen- eral Counsel for the Department of Defense. See section 140 of this title.] SEC. 5. PERFORMANCE OF FUNCTIONS [Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962, 76 Stat. 526. Section authorized the Secretary of De- fense from time to time to make such provisions as he deemed appropriate authorizing the performance by any other officer, or by any agency or employee, of the Department of any function of the Secretary. See sec- tion 113 of this title.] SEC. 6. MISCELLANEOUS PROVISIONS (a) The Secretary of Defense may from time to time effect such transfers within the Department of Defense of any of the records, property, and per

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 113

Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 113. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3302&num=0&edition=prelim), 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1784

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.