Editorial Notes
Statutory Notes and Related Subsidiaries
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.”
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—
“(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 of the House of Representatives.
“(2) Secretary concerned.—The term ‘Secretary concerned’—
“(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.
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 partner criteria set forth in the Military Spouse Employment 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 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).
“(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 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) 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 military 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 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) Funding.—
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).”
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 monitoring 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 military 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 Representatives] a report evaluating the progress of military 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 Defined.—
In this section, the term ‘military spouse employment programs’ means the Military Spouse Employment 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 Federal Agencies.—
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.
“(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 reimbursement agreement entered into under subsection (a).
“(2) Exclusions.—Reimbursement may not be provided 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 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) Funding Source.—
Amounts authorized to be appropriated for operation and maintenance, for Defense-wide activities, shall be available to carry out this section.
“(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 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) 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 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.”
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.
