(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.)
2001—Subsecs. (d) to (g). Pub. L. 107–107
added subsecs. (d) to (g).
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
Section 568(d) ofPub. L. 104–106
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
, United States Code, as added by subsection (a).”
Ex. Ord. No. 12568. Employment Opportunities for Military Spouses at Nonappropriated Fund Activities
Ex. Ord. No. 12568, Oct. 2, 1986, 51
By the authority vested in me as President by the laws of the United States of America, including section
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
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.