FY2024 NDAA: Military Spouse Employment Matters

FY2024 NDAA: Military Spouse Employment Matters

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INSIGHTi

FY2024 NDAA: Military Spouse Employment
Matters
Updated January 2, 2024
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)
included several provisions to provide additional support to military spouses and expand existing
authorities (see Table 1). The FY2024 NDAA (P.L. 118-31), enacted on December 22, 2023, adopted
most of these provisions.
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)
Enacted (P.L. 118-31)
Licensing and Certification

Sec. 635 would expand qualifying
Sec. 606 is similar to the House
Sec. 635 adopted the House provision.
events for reimbursement of spousal
provision.
relicensing or business costs due to the
member’s relocation.
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House (H.R. 2670)
Senate (S. 2226)
Enacted (P.L. 118-31)
Sec. 640 would require DOD to
No similar provision.
Not adopted.
coordinate with State 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
No similar provision.
Sec. 1054 adopted the House
selected federal student loans for
provision.
dislocated military spouses.
Federal Hiring Authorities

Sec. 1116 would define and provide for Sec. 11332 and Sec. 11333 would
Sec. 1112 adopted the House
telework and remote work under
adopt the same requirements as House provision.
federal spouse hiring authorities and
Section 1116.
would require a GAO report on

federal agency telework.
No similar provision.
Sec. 1213 would expand federal
Sec. 1119 adopted the Senate provision
noncompetitive appointment eligibility
with a technical amendment to
to spouses of DOD civilians.
reporting requirements.
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. Section 635 of
the enacted FY2024 NDAA expands 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 have required DOD’s Defense-State Liaison Office to coordinate with relevant state
agencies to increase spouse awareness of new license portability authorities. It would have also required
GAO to report on state compliance with the law within two years of enactment. There was no similar
provision in the Senate bill and these requirements were not enacted. The conferees noted that “the
Department of Justice is working on implementing the requirements of section 705A of the

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Servicemembers Civil Relief Act, and the Department of Defense continues to raise awareness of this
statutory provision among servicemembers and their spouses.”
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 1054 of the enacted FY2024 NDAA provides additional relief to
military spouses who have lost employment income due to PCS orders. This provision amends 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
legislation requires eligible spouses 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 1112 of the enacted
FY2024 NDAA adopts similar provisions in the House and Senate bills as the “Military Spouse
Employment Act.” This section provides a 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. This section also requires GAO to conduct a study on the use and effects of remote work by
federal agencies within 18 months of enactment.
Section 1119 of the enacted FY2024 NDAA adopts a Senate provision that expands 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. Section 1119 also requires the Office of Personnel
Management to submit a one-time report to Congress on the use and effectiveness of this authority. The
authority is to sunset on December 31, 2028.

Author Information

Kristy N. Kamarck

Specialist in Military Manpower

Disclaimer

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