10 U.S.C. § 1784a: Education and training…

Summary

The Secretary of Defense may create programs or give tuition help to spouses of active duty service members so they can get the education, training, licenses, or credentials that lead to better jobs or careers that move with them. Help can pay for degrees, technical training, or the schooling needed for government-required professional licenses. If a spouse starts a program, they cannot be forced to stop just because their partner is promoted. Help is only for spouses of active duty members. It does not cover someone who is legally separated by a court or statute, or a spouse who is also a service member. The Secretary must also help spouses get doula or IBCLC certification from organizations paid under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note). The Secretary must write rules and make sure excluded spouses are not treated unfairly. Portable careers are jobs the Secretary and the Labor Secretary agree require nationwide-recognized credentials.

Title 10, §1784a

Armed Forces, Source: USLM XML via OLRC

(a)Programs and Tuition Assistance.—

(1)The Secretary of Defense may establish programs 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, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or

(B)the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.

(2)As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse’s employment and portable career opportunities.

(b)Eligible Spouses.—

(1)Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty.

(2)A spouse who is eligible for a program under this section and begins a course of education or training for a degree, license, or credential described in subsection (a) may not become ineligible to complete such course of education or training solely because the member to whom the spouse is married is promoted to a higher grade.

(c)Exceptions.—

Subsection (b) does not include—

(1)a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; and

(2)a spouse of a member of the armed forces who is also a member of the armed forces.

(d)Doula and IBCLC Certifications.—

In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) with obtaining certification—

(1)as a doula or International Board Certified Lactation Consultant; and

(2)provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by section 746 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1073 note).

(e)Portable Career Opportunities Defined.—

In this section, the term “portable career” includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses.

(f)Regulations.—

The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Subsecs. (d) to (f). Pub. L. 118–31 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2019—Subsec. (b). Pub. L. 116–92 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries

First Expansion of the My Career Advancement Account Program for Military Spouses Pub. L. 116–92, div. A, title V, § 580F, Dec. 20, 2019, 133 Stat. 1410, as amended by Pub. L. 116–283, div. A, title V, § 586, Jan. 1, 2021, 134 Stat. 3655, provided that: “(a) Professional License or Certification; Associate’s Degree.—The Secretary of Defense shall modify the My Career Advancement Account program of the Department of Defense to ensure that military spouses participating in the program may receive financial assistance for the pursuit or maintenance (including continuing education courses) of a license, certification, or Associate’s degree in any career field or occupation. “(b) National Testing.—Financial assistance under subsection (a) may be applied to the costs of national tests that may earn a participating military spouse course credits required for a degree approved under the program (including the College Level Examination Program tests).” Improvement of My Career Advancement Account Program for Military Spouses Pub. L. 115–232, div. A, title V, § 574, Aug. 13, 2018, 132 Stat. 1780, provided that: “(a) Outreach on Availability of Program.—The Secretary of Defense shall take appropriate actions to ensure that military spouses who are eligible for participation in the My Career Advancement Account program of the Department of Defense are, to the extent practicable, made aware of the program. “(b) Comptroller General Report.—Not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018], the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth such recommendations as the Comptroller General considers appropriate regarding the following:“(1) Mechanisms to increase awareness of the My Career Advancement Account program of the Department of Defense among military spouses who are eligible to participate in the program. “(2) Mechanisms to increase participation in the My Career Advancement Account program among military spouses who are eligible to participate in the program. “(c) Training for Installation Career Counselors on Program.—The Secretaries of the military departments shall take appropriate actions to ensure that career counselors at military installations receive appropriate training and current information on eligibility for and use of benefits under the My Career Advancement Account program, including financial assistance to cover costs associated with professional recertification, portability of occupational licenses, professional credential exams, and other mechanisms in connection with the portability of professional licenses.”

§1784a Education and Training Opportunities for Military Spouses to Expand Employment and Portable Career Opportunities