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INSIGHTi
FY2024 NDAA: Military Spouse Employment
Matters
August 9, 2023
Background
The Department of Defense (DOD) provides certain benefits and services to military servicemember
spouses as part of broader quality of life programs to support recruitment and retention. The unpredictable
nature of military service, along with frequent permanent change of station (PCS) moves for military
families, can make it difficult for spouses to establish and maintain meaningful careers. Spousal
unemployment and underemployment has been associated with increases in family and relationship stress
and dissatisfaction with military service. DOD considers spouse employment to be a component of
military family readiness, and Congress has endeavored to address employment challenges by authorizing
support for military spouse education, training, hiring, and professional license portability, among other
initiatives.
Both chambers’ versions of a National Defense Authorization Act for Fiscal Year 2024 (FY2024 NDAA)
include several provisions that would provide additional support to military spouses and expand existing
authorities (see Table 1).
For additional background, see CRS Report R46498, Military Spouse Employment, by Kristy N.
Kamarck, Barbara L. Schwemle, and Sofia Plagakis .
Table 1. Selected Legislation in the FY2024 NDAA
House (H.R. 2670)
Senate (S. 2226)
Licensing and Certification
Sec. 635 would expand qualifying events for reimbursement
Sec. 606 would expand qualifying events for reimbursement
of spousal relicensing or business costs due to the member’s of spousal relicensing or business costs due to the member’s
relocation.
relocation.
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House (H.R. 2670)
Senate (S. 2226)
Sec. 640 would require DOD to coordinate with State
No similar provision.
licensure agencies to increase awareness of new license
portability authorities and require Government
Accountability Office (GAO) to report on state compliance
with the law.
Unemployment Support
Sec. 636 would allow for deferment of selected federal
No similar provision.
student loans for dislocated military spouses.
Federal Hiring Authorities
Sec. 1116 would define and provide for telework and
No similar provision
remote work under federal spouse hiring authorities.
No similar provision.
Sec. 1113 would expand federal noncompetitive
appointment eligibility to spouses of DOD civilians.
Source: Congress.gov
Licensing and Certification
When servicemembers relocate, their spouses may face difficulties maintaining or transferring
professional licenses and certifications. The absence of standardized occupational licensing requirements
across states and jurisdictions can contribute to additional costs, administrative burdens, and time delays
in securing employment for military spouses. Recent Congresses have taken some action to alleviate costs
associated with relicensing and address credential portability.
The FY2018 NDAA (P.L. 115-91 §556, as amended) authorized the reimbursement of qualified
relicensing costs for military spouses as part of PCS travel and transportation allowances. Similar
provisions in House (Section 635) and Senate (Section 606) versions of the FY2024 NDAA would
expand eligibility for this benefit to spouses of certain servicemembers transitioning from the active
component to the reserve component in a different jurisdiction.
The Veterans Auto and Education Improvement Act of 2022 (P.L. 117-333, 50 U.S.C. §4025a), enacted in
January 2023, provides for military spouse license reciprocity across states under certain conditions. This
legislation modifies the Servicemembers Civil Relief Act (SCRA, 50 U.S.C. §§ 501 et seq.), and requires
states to recognize military spouse credentials that have a “similar scope of practice” and are in “good
standing” with the original licensing authority. Implementation of this new requirement may eventually
reduce the demand for reimbursement of relicensing costs.
There have been some concerns raised by state officials and other stakeholders about how these
provisions will be implemented and enforced, as well as ongoing legal challenges. Section 640 of the
House bill would require DOD’s Defense-State Liaison Office to coordinate with relevant state agencies
to increase spouse awareness of new license portability authorities. It would also require GAO to report
on state compliance with the law within two years of enactment. There is no similar provision in the
Senate bill; however, the Senate Committee Report to accompany the bill (S.Rept. 118-58) states that the
committee is aware of the interagency effort to implement the new law and “encourages the [DOD] to
clearly communicate to servicemembers and their spouses the authorities currently available for the
portability of credentialing and licensure while the interagency dialogue is ongoing.”
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Unemployment Support
Civilian spouses who quit their jobs due to a military change of station may be eligible for unemployment
compensation in some states. Section 636 of the House bill would provide additional relief to military
spouses who have lost employment income due to PCS orders. This provision would amend Section
455(f) of the Higher Education Act of 1965 (20 U.S.C. §1087e(f)) to allow unemployed spouses of active
duty servicemembers to defer payment on certain student loans for an aggregate period of 180 days. The
spouse would need to provide documentary evidence of PCS orders and unemployment status. Military
spouses with student loans may also access other federal student loan deferment and forbearance options,
including an unemployment deferment option, and federal student loan forgiveness and repayment
programs.
Federal Hiring Authorities
Congress and the Executive Branch have established special hiring flexibilities for certain military
spouses in an effort to streamline hiring military spouses into the federal government. On June 9, 2023,
President Biden signed Executive Order 14100 directing the Office of Personnel Management to reinforce
existing work flexibility options and to encourage “agency leaders to consider these as options for
retaining Federal employee military spouses and military caregivers.” Section 1116 of the House bill
would define telework and remote work under 5 U.S.C. §3330d, and provide for noncompetitive hiring
authority for military spouses engaged in remote work. Some observers have contended that military
spouses have unique challenges and that remote work flexibility may provide career stability across PCS
moves and financial benefits for military families. Section 1116 would also require GAO to conduct a
study on the use and effects of remote work by federal agencies within 18 months of enactment.
Section 1113 of the Senate bill would expand noncompetitive appointment under 5 U.S.C. §3330d to
spouses of DOD civilian employees who are transferred from one official station to another for permanent
duty. This provision would require annual reports to Congress on its implementation until its sunset date
on December 31, 2028.
Author Information
Kristy N. Kamarck
Specialist in Military Manpower
Disclaimer
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