
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 571(c)]
[CITE: 10USC1784]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
      CHAPTER 88--MILITARY FAMILY PROGRAMS AND MILITARY CHILD CARE
 
                 SUBCHAPTER I--MILITARY FAMILY PROGRAMS
 
Sec. 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.

(Added Pub. L. 104-106, div. A, title V, Sec. 568(a)(1), Feb. 10, 1996, 
110 Stat. 330.)


     Continuation of Delegation of Authority With Respect to Hiring 
                Preference for Qualified Military Spouses

    Section 568(d) of Pub. 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 1784 of title 10, 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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 1143 of this title; title 5 
section 2302.
