Page:United States Statutes at Large Volume 103 Part 2.djvu/582

 103 STAT. 1592 PUBLIC LAW 101-189—NOV. 29, 1989 (B) in the case of other employees, at rates of pay substan- tially equivalent to the rates of pay paid to other employees at that installation witib similar training, seniority, and experi- ence. (d) EMPLOYMENT PREFERENCE TEST PROGRAM FOR MILITARY SPOUSES.— (1) The Secretary of Defense shall conduct a test program under which quedified spouses of members of the Armed Forces shall be given a preference in hiring for the position of child care em- ployee in a position paid from nonappropriated funds if the spouse is among persons determined to be best qualified for the position. A spouse who is provided a preference under this subsection at a military child development center may not be precluded from obtaining another preference, in accordance with section 806 of the Military Family Act of 1985 (10 U.S.C. 113 note), in the same geographical area as the military child development center. (2) The test program under this subsection shall run concurrently with the program under subsection (c). (e) REPORT ON COMPENSATION AND SPOUSE EMPLOYMENT PREF- ERENCE PROGRAMS.— Not later than March 1, 1991, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the programs under subsections (c) and (d). The report shall include the findings of the Secretary concerning the effect of each of the programs on the quality of child care provided in military child development centers and the effect of the spouse employment preference program on employee turnover at such centers. (f) ADDITIONAL CHILD CARE POSITIONS.— (1) The Secretary of De- fense shall make available for child care programs of the Depart- ment of Defense, not later than September 30, 1990, at least 1,000 competitive service positions in addition to the number of competi- tive service positions in such programs as of September 30, 1989. During fiscal year 1991, the Secretary shall make available to child care programs of the Department additional competitive service positions so that the number of competitive service positions in such programs as of September 30, 1991, is at least 3,700 greater than the number of competitive service positions in such programs as of September 30, 1989. (2) The Secretary may waive the increase otherwise required by the second sentence of paragraph (1) to the extent that the Secretary Reports. determines that such increase is not executable. If the Secretary issues such a waiver, the Secretary shall promptly submit to the Committees on Armed Services of the Senate and House of Rep- resentatives a report on the waiver. Any such report shall specify the number of such positions waived and the reasons for the weiiver. (3) The additional positions provided for in paragraph (1), and the workyears associated with those positions, that are used outside the United States shall not be counted for purpose of applying any limitation on the total number of positions or workyears, respec- tively, available to the Department of Defense outside the United States (or any limitation on the availability of appropriated funds for such positions or workyears for any fiscal year). (g) (DOMPETITIVE SERVICE POSITION DEFINED.— For purposes of this section, the term "competitive service position" means a position in the competitive service, as defined in section 2102(a)(l) of title 5, United States (Dode.

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