Military Spouse Employment

August 27, 2020 R46498

Military Spouse Employment
August 27, 2020
Congress has constitutional authority over the armed forces, including the power to “to raise and
support Armies,” “to provide and maintain a Navy,” and “to make Rules for the Government and
Kristy N. Kamarck
Regulation of the land and naval Forces.” Congress is thus responsible for legislating military pay
Specialist in Military
and benefits, establishing personnel policies, and overseeing the implementation of Department
Manpower
of Defense (DOD) family programs. Military servicemembers and their families live and work in

every state in the union, as well as in foreign nations, and military spouses and spouse advocacy
Barbara L. Schwemle
groups make up a large and vocal constituency.
Analyst in American
National Government
Servicemembers are often subject to change-of-station moves between U.S. states or overseas,

which often means uprooting family members from their jobs, schools, and professional and
social networks. In addition, servicemembers may be called on for deployments, travel, and
Sofia Plagakis
atypical work schedules that can complicate spouses’ ability to maintain full employment –
Research Librarian
particularly for those with children at home. Studies have found that while military spouses have

similar or higher labor participation rates to civilian counterparts, they tend to have higher
unemployment and underemployment than their non-military-connected counterparts. They also

have challenges qualifying for job-related benefits like career development opportunities and
vesting of employer contributions to retirement funds. This can lead to lower lifetime earnings, and inhibit wealth accrual for
the family.
From the federal government’s perspective, higher employment rates among military spouses can have a positive economic
impact and contribute to economic growth. When military spouses are able to build a successful career, it can also bolster a
family’s financial stability during the time when a servicemember transitions out of the military into civilian employment.
Spouses’ inability to find employment or job dissatisfaction can also increase family and relationship stress, lower overall
satisfaction with the military, and affect retention decisions.
In recognition that the transient and unpredictable nature of a career in military service can impose unique burdens on
military spouses, Congress has authorized several initiatives to provide support for military spouse education, employment,
and career development. These initiatives fall into three broad categories: (1) direct monetary or in-kind support from DOD
(e.g., scholarships, license fee reimbursement, career counseling); (2) outreach and partnerships with states and private
businesses; and (3) federal government hiring flexibilities. Recent evaluations of congressionally authorized employment
programs have shown some positive outcomes, including higher workforce participation by military spouses. There are also
several proposals in the 116th Congress that would enhance existing programs or create new authorities to incentivize military
spouse hiring.

Congressional Research Service

Military Spouse Employment

Introduction
This report provides information and considerations for Congress with respect to military spouse
employment policies and programs. The first section of this report provides background and data
on military spouse demographics, employment indicators, and potential implications of negative
employment outcomes for military spouses. The second section provides an overview of
congressional and executive branch initiatives that have sought to improve employment outcomes
for military spouses through (1) direct monetary or in-kind support from DOD (e.g., scholarships,
license fee reimbursement, career counseling); (2) outreach and partnerships with states and
private businesses; and (3) federal government hiring flexibilities. Next, the report discusses
selected legislative proposals in the 116th Congress. The last section provides analysis of the
perceived benefits and drawbacks of existing initiatives, and continuing considerations for
Congress.
Background
DOD support for military spouse employment is part of an overall quality-of-life benefits
package intended to enhance retention and readiness of the volunteer force. While private sector
and other government employers provide benefits for families, such as subsidized health
insurance and paid family leave, the military is unusual in the extent of benefits that it provides to
married servicemembers and their families. For example, DOD pays servicemembers with
dependents (typically a spouse and/or child(ren)) a higher basic housing allowance than single
servicemembers.1 Military families also benefit from employer-subsidized groceries through
defense commissaries, K-12 education through DOD schools, free use of gyms and other
installation facilities, and cash or in-kind benefits that support spouse education and employment.
In recent decades these military family quality-of-life benefits have expanded in response to
demographic and cultural shifts both in the military and in civilian society.
Through the first half of the 20th century, the military was largely composed of young unmarried
men, many of whom were drafted into service. Those who were married were usually married to
civilian women who did not work outside the home. For spouses who wanted to work outside the
home, nonprofit organizations like the American Red Cross might help find employment;
however, skilled, full-time employment could be difficult to find, particularly around rural or
remote installations.
During the 1970s, a number of societal changes and a shift from the draft to the all-volunteer
force (AVF) began to change the demographic composition of the civilian and military
workforce.2 Female participation in the civilian workforce grew rapidly from 39% in 1965 to a
peak of 60% in 1999 and has remained above 56% since.3 While men still account for a majority
of military servicemembers, female representation has grown from 5% of the active duty force in

1 The term dependent is defined in law (for example 10 U.S.C. §1072) and policy and is used to identify individuals or
are eligible to receive certain DOD benefits based on their relationship to the servicemember, or sponsor. The amount
of Basic Allowance for Housing (BAH) a servicemember receives is based on three factors: paygrade (rank),
geographic location, and whether the servicemember has dependents (i.e., a spouse and or child(ren)).
2 For more on the history of the draft and Selective Service System, see CRS Report R44452, The Selective Service
System and Draft Registration: Issues for Congress, by Kristy N. Kamarck.
3 Department of Labor (DoL), Bureau of Labor Statistics, Women in the Labor Force: A Databook, Employment status
of the civilian noninstitutional population 16 years and over by sex, 1970s to date,
https://www.bls.gov/opub/reports/womens-databook/2018/home.htm.
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1975 to 17% in 2020.4 Nationwide, the share of all married-couple households with two earners
has increased slightly over time from 46.5% in 1975 to 49.4% in 2019, with a peak of 60.4% in
1996.5 In married-couple households with children, more families are choosing to have both
spouses in the workforce. In this population, the percentage of households with two working
parents has grown from 43.4% in 1975 to 64.2% in 2019.6
Under the AVF, in order to compete with the civilian private sector for talent, the military
expanded its efforts to recruit women and also recruit and retain married servicemembers. Today,
51% of the active duty force is married.7 A large majority of the nearly 700,000 military civilian
spouses are female, particularly in the active component (see Figure 1), and about half of active-
duty spouses are age 30 or under.8 Today it is more common than in the past for servicemembers
to have a working spouse and for that spouse to have career or professional aspirations that may
conflict with the vagaries and demands of the servicemember’s military obligations.

4 Defense Manpower Data Center, Active Duty Military Personnel by Service by Rank/Grade, June 2020,
https://www.dmdc.osd.mil/appj/dwp/dwp_reports.jsp.
5 Office of the Under Secretary of Defense, Personnel and Readiness, Population Representation in the Military
Services; Historical Data for Active Component, https://www.cna.org/pop-rep/2016/contents/contents.html.This
includes married households with and without children. Bureau of Labor Statistics, Employment Characteristics of
Families - 2019, April 21, 2020, https://www.bls.gov/news.release/famee.nr0.htm. Department of Labor (DoL), Bureau
of Labor Statistics, Women in the Labor Force: A Databook, Employment status of the civilian noninstitutional
population 16 years and over by sex, 1970s to date, https://www.bls.gov/opub/reports/womens-
databook/2018/home.htm, Table 24B.
6Howard V. Hayghe, Monthly Labor Review: Family Members in the Work Force, Bureau of Labor Statistics, Table 3,
March 1990, p. 17, https://www.bls.gov/opub/mlr/1990/03/art2full.pdf.. DOL, Bureau of Labor Statistics, Employment
Characteristics of Families - 2019, April 21, 2020, https://www.bls.gov/news.release/famee.nr0.htm.
7 Department of Defense, 2018 Demographics: Profile of the Military Community, 2018, p. 46,
https://download.militaryonesource.mil/12038/MOS/Reports/2018-demographics-report.pdf.
8 DOD, 2018 Demographics: Profile of the Military Community, 2018, pp. 46 and 135,
https://download.militaryonesource.mil/12038/MOS/Reports/2018-demographics-report.pdf.
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Military Spouse Employment

Figure 1. Percentage of Spouses by Service Branch and Spouse Gender
September 2018

Source: DOD, 2018 Demographics, Profile of the Military Community, Defense Manpower Data Center, Active
Duty Military Family File, September 2018, p. 134.
Barriers to Military Spouse Employment
Research on the perceptions of military spouses has found that more than half believe that their
spouse’s military service has hurt their work and career opportunities.9 Researchers, spouses, and
advocacy groups have cited several barriers to full employment for military spouses. These
include:
 Frequent and or unpredictable change of station moves.10
 Assignments to remote or economically depressed locations.11
 Servicemember deployments and atypical work hours.
Frequent relocations or permanent-change-of-station (PCS) moves are an often-cited military-
related challenge for military spouses; such moves are associated with unemployment,
underemployment, and lower earnings. In some cases, military families may be assigned to
remote locations or areas with depressed local labor markets. In some localities, spouses may be
unable to find a job, or the only jobs available are not commensurate with the individual’s

9 See for example, Laura Werber Castaneda and Margaret C. Harrell, "Military Spouse Employment: A Grounded
Theory Approach to Experiences and Perceptions," Armed Forces and Society, vol. 34, no. 3 (2008), pp. 389-41; and
U.S. Chamber of Commerce, Military Spouses in the Workplace, June 2017, p. 12,
https://www.uschamberfoundation.org/sites/default/files/Military%20Spouses%20in%20the%20Workplace.pdf.
10 Thomas J. Cooke and Karen Spiers, "Migration and Employment Among the Civilian Spouses of Military
Personnel," Social Science Quarterly, vol. 86, no. 2 (June 2005), pp. 343-35.
11 Bradford Booth et al., "The Impact of Military Presence in Local Labor Markets on the Employment of Women,"
Gender and Society, vol. 14, no. 2 (2000), p. 318–332.
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education, experience, or career track. Additionally, servicemember absences due to deployment,
temporary additional duty or temporary duty (TAD/TDY) absences, field training, or atypical
work schedules (e.g., extended duty hours) are also commonly reported by military spouses with
children as disincentives for them to seek full-time employment. This is largely due to the extra
burdens associated with managing household tasks and childcare while the military
servicemember is away from home.12
Frequent moves may lead to a resume filled with short-term jobs or a disjointed work history. For
example, in a 2017 survey of military spouses, one respondent noted,
Everywhere we go, I am forced to start from the beginning. I was an assistant manager in
Virginia. Then a part-time cook in Rhode Island. Now I’m a Records Clerk in California.13
In addition, some military spouses perceive that employers are reluctant to hire them due to
uncertainty about their tenure with the organization. In a non-randomized poll of military spouses
about their top employment challenges, 41% reported “the company doesn’t want to hire a
military spouse because they may move.”14 Finally, with frequent moves, the spouse may lose his
or her local professional network, leading to fewer job leads.
In terms of career development, military spouses may be ineligible for certain career development
programs or other benefits due to short or unpredictable tenure in one location or with one
employer. Working spouses with children may also may be less likely or able to take advantage of
career-enhancing work assignments that require travel or irregular hours when the servicemember
is deployed. As a result of some of these service-related challenges, data has shown that working
military spouses may face barriers to labor force participation, suffer higher unemployment, and
experience lifetime earnings penalties relative to their non-military-connected counterparts.
Indicators for Spouse Employment Outcomes
Data also indicates that military spouses who participate in the labor force have less favorable
employment outcomes than their non-military-connected civilian counterparts. These include
higher rates of unemployment and underemployment and lower earnings.
Labor Force Participation, Unemployment, and Underemployment
Based on 2017 data, DOD estimates that among civilian spouses of active duty servicemembers,
37% of enlisted and 43% of officer spouses are not in the labor force: neither employed nor
actively seeking work (Figure 2). Department of Labor (DOL) statistics suggest that married
women, in general, have lower labor participation rates than unmarried women.15 The proportion
of officer spouses participating in the workforce (57%) is similar to that of married civilian

12 For more information on military childcare programs and support, see CRS Report R45288, Military Child
Development Program: Background and Issues, by Kristy N. Kamarck.
13 U.S. Chamber of Commerce; Hiring Our Heroes Foundation, Military Spouses in the Workplace, Understanding the
Impacts of Spouse Unemployment on Military Recruitment, Retention, and Readiness, June 2017, p. 6,
https://www.uschamberfoundation.org/sites/default/files/Military%20Spouses%20in%20the%20Workplace.pdf.
14 Ibid., p. 10. This poll captured spouse’s perceptions, and employers were not part of the poll.
15 Labor force participation varies by marital status and differs between women and men. Never married women had
the highest participation rate of all women at 64.3% in 2017. Divorced women (61.5%) and separated women (61.7%)
were more likely to participate in the labor force than married women (58.2 %). Bureau of Labor Statistics, Women in
the Labor Force: A Databook, Employment status of the civilian noninstitutional population 16 years and over by sex,
1970s to date, https://www.bls.gov/opub/reports/womens-databook/2018/home.htm.
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Military Spouse Employment

women ages 16 and older (57%). However, spouses of enlisted members have slightly higher
labor force participation rates (63%), but higher unemployment rates.
Figure 2. Comparison of Employment Status; Military Spouses and Married Civilian
Women
2017

Source: DOD, 2018 Demographics, Profile of the Military Community, Office of People Analytics (OPA) Survey of
Active Duty Spouses, 2017, Table 5.21, p. 137, Bureau of Labor Statistics, Women in the Labor Force: A Databook,
Employment status of the civilian noninstitutional population 16 years and over by sex, 1970s to date,
https://www.bls.gov/opub/reports/womens-databook/2018/home.htm
Notes: Military spouses include both male and female spouses, however, comparisons are made with the
married civilian women population due to the high percentage of female spouses in the military. Numbers may
not add to 100 due to rounding.
Based on DOD and DOL data from 2017, approximately 25% of enlisted spouses in the labor
force and 19% of officer spouses were seeking work, relative to 3% of married civilian women.16
This suggests that military spouses who are actively seeking work have less labor market success
in securing full-time employment.
While evidence on deployment impact is mixed, there is some evidence that factors associated
with servicemember deployments may discourage labor force participation among military
spouses.17 Servicemembers’ operational deployments typically last six months to one year; the

16 Calculations based on DOD, 2018 Demographics, Profile of the Military Community, Office of People Analytics
(OPA) Survey of Active Duty Spouses, 2017, Table 5.21, p. 137, Bureau of Labor Statistics, Women in the Labor
Force: A Databook, Employment status of the civilian noninstitutional population 16 years and over by sex, 1970s to
date, https://www.bls.gov/opub/reports/womens-databook/2018/home.htm.
17 Associated factors with deployments may include increased household workload for the remaining spouse or
difficulties in finding adequate, affordable and flexible childcare. For example, a DOD-administered survey found that
40% of military spouse respondents cited a preference for staying at home with their children, 3% a preference for
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length and frequency of deployments depends on the branch of service and the military
occupational specialty.18 Deployments have been correlated with small negative effects on
enlisted spouse labor force participation during the period of deployment, and this effect was
more pronounced for spouses with children under age six.19 On the other hand, another study
found that that there was no relationship between the cumulative number of career deployments
and spouse employment over time.20
There are also indications that when spouses choose to participate in the labor force they
experience less-favorable outcomes. As shown in Figure 2, military spouses participating in the
workforce are more likely to be seeking work than their civilian counterparts. There is evidence
to suggest that recent military PCS moves (within the past 12 months) increase spouse
unemployment rates.21 For example, a 2005 study found that migration through military moves
was associated with a statistically significant decline in employment among civilian wives (10%
decline), and a similar negative, but not statistically significant, effect among civilian men (6%
decline).22 Studies also show that working military spouses are underemployed or are employed
with a field-of-study mismatch, meaning they may be overqualified, underpaid, or under-utilized
in their current position relative to their non-military-connected civilian counterparts.23
Earnings Penalties
Frequent job changes, and bouts of unemployment or underemployment can be detrimental to
lifetime earnings for military spouses and their families. For example, spouses who shift
employers due to military moves are less likely to be eligible for promotions or bonuses based on
tenure or may take salary cuts when moving to an area of the country with lower average
earnings. Several studies have found that military spouses experience negative wage differentials
with respect to matched nonmilitary counterparts.24 In particular, one study found that working

homeschooling, and 12% cited child care costs as the reason for not seeking employment. Defense Manpower Data
Center, 2012 Survey of Active Duty Spouses, Briefing on the 2012 Survey of Active Duty Spouses (2012 ADSS), p. 44,
https://download.militaryonesource.mil/12038/MOS/Surveys/ADSS1201-Briefing-Support-Deployment-Reintegration-
PCS-WellBeing-Education-Employment.pdf. For a broader discussion of military childcare concerns, see CRS Report
R45288, Military Child Development Program: Background and Issues, by Kristy N. Kamarck. Another plausible
explanation for decreased labor force participation among military spouses during times of deployment is that service
members may be eligible to receive additional special pays and tax benefits (e.g., combat pay and combat zone tax
exclusion). These benefits may increase household earnings and in some cases, make it less necessary for spouses to
work.
18 DOD has personnel tempo (PERSTEMPO) goals that seek a ratio of time deployed to time at home station. See CRS
In Focus IF11007, Defense Primer: Personnel Tempo (PERSTEMPO), by Kristy N. Kamarck.
19 Bogdan Savych, Effects of Deployments on Spouses of Military Personnel, RAND Corporation, Santa Monica, CA,
2008, https://www.rand.org/pubs/rgs_dissertations/RGSD233.html.
20 DOD, Military Family Life Project: Active Duty Spouse Study, Longitudinal Analyses 2010-2012, Project Report,
March 2015, https://download.militaryonesource.mil/12038/MOS/Reports/MFLP-Longitudinal-Analyses-Report.pdf,
p. 26.
21 DOD, Military Family Life Project: Active Duty Spouse Study, Longitudinal Analyses 2010-2012, Project Report,
March 2015, https://download.militaryonesource.mil/12038/MOS/Reports/MFLP-Longitudinal-Analyses-Report.pdf,
p. 21.
22 Thomas J. Cooke and Karen Spiers, "Migration and Employment Among the Civilian Spouses of Military
Personnel," Social Science Quarterly, vol. 86, no. 2 (June 2005), pp. 343-35.
23 Nelson Lim and David Schulker, Measuring Underemployment among Military Spouses, RAND Corporation, 2010, ,
p. 35. Blue Star Families, Military Family Lifestyle Survey 2017, Comprehensive Report, 2017.
24 Sarah O. Meadows et al., “Employment Gaps Between Military Spouses and Matched Civilians,” Armed Forces and
Society, September 23, 2015. James Hosek et al., Married to the Military: The Employment and Earnings of Military
Wives Compared with those of Civilian Wives, RAND Corporation, Santa Monica, CA,
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Military Spouse Employment

spouses who execute a PCS move experience an average reduction in earnings of $3,100 (14%) in
that year.25 Military spouses may also face challenges in trying to build wealth through retirement
savings. Employer contributions to retirement plans (e.g., 401k plans) may require a vesting
period – that is the employee may be required to work for a certain number of years before being
eligible for the employer contributions. There are also other employer-provided benefits based on
tenure, such as bonuses and vacation or sick leave accrual, for which military spouses may be
ineligible, affecting both earnings and quality of life.
Effects of Military Spouse Employment
Military spouse employment can produce certain positive effects for individuals, the military, and
the economy. National economic benefits may include increased labor force participation,
productivity, and economic growth. A decline in labor force participation can lead to slower
economic growth, a smaller tax base, and rising dependency ratios.26 Military spouses, on
average, have a higher education level than civilian spouses of a working age; about 40% have a
college degree relative to 30% in the comparable civilian population.27 Higher education has been
associated with positive economic benefits for individuals (e.g., greater lifetime earnings
potential28) and firms (e.g., increased labor productivity29), which, in turn, can contribute to
national economic growth. Therefore, the government may see some positive returns in
incentivizing labor participation by this demographic. One study estimated that the economic
costs to the government of unemployment, underemployment, and reduced labor force
participation among U.S. military spouses range from $710 million to $1.07 billion per year.30 On
the other hand, the societal value of unpaid work from those who choose not to participate in the
labor force (e.g., caring for children, cooking, household chores, and other community volunteer
activities) is not often counted in traditional economic measures.31 Non-working military spouses

https://www.rand.org/content/dam/rand/pubs/monograph_reports/2009/MR1565.pdf.
25 Jeremy Burke and Amalia Miller, The Effects of Military Change-of-Station Moves on Spousal Earnings, RAND
Corporation, Research Brief, Santa Monica, CA, 2016, https://www.rand.org/pubs/research_briefs/RB9920.html.
26 Dependency ratios are indicators for the portion of the non-working population that is economically dependent on the
working population. A rising dependency ratio indicates that there are fewer workers to support the non-working
population. Edith S. Baker, Down and down we go: the falling U.S. labor force participation rate, U.S. Bureau of
Labor Statistics, October 2018. Annemette Sorensen and Sara McLanahan, "Married Women's Economic
Dependency," American Journal of Sociology, vol. 93, no. 3 (October 15, 2015), 659-687.
27 Office of the President of the United States, Council of Economic Advisors, Military Spouses in the Labor Market,
May 2018, p. 2.
28 Over the course of a career, the median worker with a bachelor’s degree earns nearly $1 million more than the
median worker with a high school diploma. Office of the President, Investing in Higher Education; Benefits,
Challenges, and the State of Student Debt, July 2016, p.
4.https://obamawhitehouse.archives.gov/sites/default/files/page/files/20160718_cea_student_debt.pdf. See also Social
Security Administration, Education and Lifetime Earnings, November 2015, https://www.ssa.gov/policy/docs/research-
summaries/education-
earnings.html#:~:text=Men%20with%20bachelor's%20degrees%20earn,earnings%20than%20high%20school%20grad
uates..
29 Sandra E. Black and Lisa M. Lynch, “Human-Capital Investments and Productivity,” The American Economic
Review, Vol. 86, No. 2, May 1996, pp. 263– 267.
30 Costs to the government were estimated under the categories of lost income tax and unemployment and health care
benefits paid. Blue Star Families, produced by Sorenson Impact Center and David Eccles School of Business,
University of Utah, Social Cost Analysis of the Unemployment and Underemployment of Military Spouses, May 25,
2016, https://www.govexec.com/media/gbc/docs/pdfs_edit/053116kl1.pdf.
31 James Bullard, "The Rise and Fall of Labor Force Participation in the United States," Federal Reserve Bank of St.
Louis Review, First Quarter 2014, p. 9. Gus Wezerek and Kristen R. Ghodsee, "Women's Unpaid Labor is Worth
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might also provide some harder-to-quantify benefits to their own households and to military
communities through these types of unpaid activities.
There is broad diversity in background, skills, and aspirations of the military spouse population
and not all military spouses want to participate in the workforce. However, for those that do,
surveys have found that they are generally motivated by the desire to improve financial security
for their families. Dual-income households in the United States are generally better off financially
than single-income households.32 Rising costs of living in parallel with slower wage growth in the
civilian sector have made it more difficult for lower income households to support a comfortable
lifestyle.33 Some military family advocates have argued that while military pay has kept up with
inflation, the cost of big ticket items (like homes, transportation, and education) has increased
more rapidly, putting pressure on the finances of single-income families 34 On the other hand,
military compensation compares favorably to civilian compensation with some studies finding
that servicemember earnings are in the 80th to 90th percentile of earnings for civilians with similar
education and experience.35 In addition, military families generally benefit from lower healthcare
costs than their civilian counterparts, and from in-kind housing or an inflation-adjusted housing
allowance.
Another potential benefit of military spouse employment is more financial security for the family
at the point of transition out of the military. If the civilian spouse has adequate employment to
support the family, it can ease the pressure on the member to secure adequate post-service
employment, or allow the servicemember to take advantage of education benefits (i.e., GI Bill)
that he or she has earned.
Overall, there is consistent evidence to support the premise that for those who choose to
participate in the labor force, unemployment damages psychological wellbeing and life
satisfaction regardless of age, gender, level of education, ethnicity or geographic location.36 While
unemployment affects the well-being of all demographic groups, studies have found stronger
negative effects for men and young people.37 In addition, some studies have found that spousal
job dissatisfaction and inability to find employment is associated with lower overall satisfaction

$10,900,000,000,000," New York Times, March 5, 2020.
32 In 2015, the median household income for families with two full-time working parents and at least one child under
18 at home is $102,400, compared with $84,000 for households where the father works full time and the mother works
part time and $55,000 for households where the father works full time and the mother is not employed. Pew Research
Center: Social and Demographic Trends, Raising Kids and Running a Household: How Working Parents Share the
Load, November 4, 2015, https://www.pewsocialtrends.org/2015/11/04/raising-kids-and-running-a-household-how-
working-parents-share-the-load/.
33 Ben Casselman, Inflation May Hit the Poor Hardest, FiveThirtyEight, April 7, 2014,
https://fivethirtyeight.com/features/inflation-may-hit-the-poor-hardest/.
34 Comments by Holly Petreus at Brookings on October, 31, 2019. Adam Twardowski, Highlights: Experts discuss
military spouse (un)employment, Brookings, October 31, 2019, https://www.brookings.edu/blog/order-from-
chaos/2019/10/31/highlights-experts-discuss-military-spouse-unemployment/.
35 Congressional Budget Office, Approaches to Changing Military Compensation, January 2002,
https://www.cbo.gov/system/files/2020-01/55648-CBO-military-compensation.pdf. Beth J. Asch, Setting Military
Compensation to Support Recruitment, Retention, and Performance, RAND Corporation, Santa Monica, CA, 2019,
https://www.rand.org/pubs/research_reports/RR3197.html. CRS In Focus IF10532, Defense Primer: Regular Military
Compensation, by Lawrence Kapp.
36 Alex Wood, "Unemployment and Well-Being," in Cambridge Handbook of Economics and Psychology, ed. A.
Lewis, 2nd ed. (Cambridge University Press, 2018).
37 What Works Wellbeing, Unemployment, (Re)employment, and Well-being, March 2017,
https://whatworkswellbeing.files.wordpress.com/2017/02/unemployment-reemployment-wellbeing-briefing-march-
2017.pdf.
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with the military.38 As a result, the employment status and earnings of military spouses can lead to
marital stress and influence the servicemember’s decision about whether to remain in service. A
2017 study found that, on a scale of one to ten, 43% of spouses ranked equal employment
opportunity between 8 and 10 as a factor in the stay-or-leave-the-military decision.39 On the other
hand, when spouses are unable to find adequate employment, the family may depend more on the
military pay and benefits of the servicemember, creating a financial disincentive to separate from
service.
Military Spouse Employment Authorities and
Programs
Congress, the President, and certain federal agencies have instituted programs that aim to increase
employment opportunities for military spouses at the federal, state, and local levels. Section 1784
of Title 10, U.S. Code, requires the President to “order such measures as the President considers
necessary to increase employment opportunities for spouses of members of the armed forces.”
This section has its origins in the Military Family Act of 1985, which Congress enacted as part of
the Department of Defense Authorization Act for FY1986.40 This legislation first established a
spousal employment assistance program as part of a larger package of family-focused
legislation.41 Among other things, this legislation established an Office of Family Policy within
the Office of the Secretary of Defense (OSD), authorized DOD to survey military family
members, and required the President to order such measures as necessary to increase employment
opportunities for military spouses.42
Legislative Origins of the Military Family Act of 1985
On Aug. 27, 1984, Danny Hol ey, a 13-year old boy whose father was an Army sergeant stationed in Korea,
committed suicide in California. Hol ey was distressed about his family’s financial difficulties after having
transferred from Germany to Fort Ord, California, and dealing with increased housing costs and other
bureaucratic problems. Prior to having committed suicide, Hol ey told his mother, “If you didn’t have me to feed,
things would be better.”43 The suicide focused attention on the economic hardships facing military families,
particularly those relying solely on one income in regions with a high cost of living.
During a congressional hearing on the DOD Authorization Act for FY1986, Rep. Patricia Schroeder stated:
“Some of our military families survive on food stamps and live in tents. More military families would be in those
dire straits except that many military spouses work. Military spouses provide an average of 30% of a military
family’s total income, compared to 19% in civilian families.
Employment opportunities for spouses and dependents, however, are often limited. The unemployment rate for
spouses in the military is 17%, three times the rate for civilian spouses, due to high unemployment rates in military

38 U.S. Chamber of Commerce, Military Spouses in the Workplace, June 2017, p. 13,
https://www.uschamberfoundation.org/sites/default/files/Military%20Spouses%20in%20the%20Workplace.pdf; and
DOD, Military Family Life Project: Active Duty Spouse Study, Longitudinal Analyses 2010-2012, Project Report,
March 2015, p. 3, https://download.militaryonesource.mil/12038/MOS/Reports/MFLP-Longitudinal-Analyses-
Report.pdf.
39 Ibid., p. 13.
40 P.L. 99-145 §806.
41 P.L. 99-145.
42 This Act was revised in the FY1996 NDAA (P.L. 104-106) and codified under 10 U.S.C. §1784.
43 Robert Lindsey, “Military Families Struggle for Basics of Life,” The New York Times, Sept. 9, 1984, p. 1,
https://www.nytimes.com/1984/09/09/us/military-families-struggle-for-basics-of-life.html.
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base areas, refusal of local employers to hire members of military families, or, in foreign countries, laws which
prevent family members from working.”
She further stated, “Now, we look at spouses and dependents, and employment has become an absolutely critical
issue in this society, because as we know, most families cannot survive on one income alone. So, in the bil , we
would really make an emphasis to do for the military what we have done in the foreign service. And that is to give
spouses and dependents a preference.” 44
In the three decades following the Military Family Act, Congress amended the legislation several
times to expand and enhance military spouse hiring authorities (see Appendix B). By 2001, DOD
had begun to consider additional programs for employment support of military spouses. As part
of the National Defense Authorization Act (NDAA) for Fiscal Year 2002 Congress directed DOD
to conduct a review of existing, DOD, Federal, State, and nongovernmental programs for military
spouse job training and education.45 Congress asked DOD, as part of this review, to identify,
“policies that affect employment and education opportunities for military spouses in the
Department of Defense in order to further expand those opportunities.”46
In addition, the FY2002 NDAA amended 10 U.S.C. §1784 by allowing the Secretary of Defense
to: (1) make space-available use of facilities for spouse training purposes; (2) expand and
facilitate the use of existing federal programs and resources in support of military spouse
employment; (3) develop partnerships with private-sector firms to provide for improved job
portability for spouses; and (4) seek ways to incorporate hiring preferences for military spouses
with DOD contractors.
Concurrently, as directed by then-President George W. Bush, DOD issued a new strategic human
capital plan in 2002 with a focus on military family quality of life issues and benefits.47 In
response to a Senate Armed Services Subcommittee on Personnel request, GAO reviewed DOD’s
strategic plan. GAO’s 2002 assessment noted that while DOD outlined some metrics for assessing
spouse employment programs, these measures were not adequate to determine which services
were most effective in achieving program goals.48
In 2010, then-President Barack Obama directed his national security staff to develop a
government-wide approach to supporting military families.49 His office designated career and
educational opportunities for military spouses as one of the four priority areas. This effort was
intended to support military spouse employment through increased opportunities for Federal and
private-sector careers, increased access to education, reductions in inter-State barriers to
employment and services, and protection of employment rights.50 In 2012, GAO completed a

44 Prepared Statement of Representative Patricia Schroeder, in U.S. Congress, House Committee on Armed Services,
Defense Department Authorization and Oversight, hearings, 99th Cong., 1st sess., March 19, 1985, H.Hrg.
(Washington, DC: GPO, 1985), pp. 4-8.
45 P.L. 107-107 §571
46 P.L. 107-107 §571(b).
47 This plan was called A New Social Compact: A Reciprocal Partnership Between the Department of Defense, Service
Members and Families. U.S. Government Accountability Office, Military Personnel: Active Duty Benefits Reflect
Changing Demographics, but Opportunities Exist to Improve, GAO-02-935, September 18, 2002, p. 4,
https://www.gao.gov/assets/240/235620.pdf.
48 U.S. Government Accountability Office, Military Personnel; Active Duty Benefits Reflect Changing Demographics,
but Opportunities Exist to Improve, GAO-02-935, September 2002, p. 9.
49 Office of the President, Strengthening Our Military Families; Meeting America's Commitment, January 2011,
https://permanent.access.gpo.gov/gpo6289/Strengthening_our_Military_January_2011.pdf.
50 Ibid., p. 2.
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congressionally mandated review of the military spouse employment programs.51 GAO identified
coordination gaps between these programs that led to some confusion among military spouses
and difficulty navigating the benefits. In addition, the study found that DOD needed a more
rigorous evaluation of program performance and effectiveness.
President Donald J. Trump has continued support for military spouse employment, issuing an
Executive Order (E.O.) in 2018 Enhancing Noncompetitive Civil Service Appointments of
Military Spouses.52 This E.O. directs Federal agencies to promote the use of noncompetitive
hiring authorities for military spouses, and requires them to report annually on the use of such
authorities.
Between 2002 and 2020, DOD and the Office of Personnel Management, supported by
congressional authorizations, established several new policies and programs to support military
spouse employment. During this time, DOD has also directed several studies aimed at developing
a framework and processes for evaluating the impact of these programs.
Spouse Education and Career Opportunities (SECO)
In 2007, DOD established the Spouse Education and Career Opportunities (SECO) program
under the purview of the Assistant Secretary of Defense for Readiness and Force Management’s
Military Community and Family Policy office. SECO is an umbrella program for a range of
spouse education and employment initiatives. The objectives of the SECO program for military
spouses are to (1) reduce unemployment and underemployment, and (2) reduce wage gaps
between military spouses and their civilian counterparts. Elements of the SECO program are
accessible to military spouses through the Military OneSource website. This website provides
information on education and career resources as well as benefit eligibility. SECO also offers a
call center with career counseling and sector-specific and situation-specific career coaching
packages available for spouses of eligible members.53 Sector-specific coaching includes
categories like freelancing and gig economy, federal employment, health care careers, and
information technology. Situation-specific categories include areas such as reentering the
workforce and permanent change of station (PCS). Those eligible for coaching services include
spouses of (1) current active-duty and reserve component members, (2) members separated from
an active or reserve component for less than 365 days, and (3) members who died on active
duty.54 DOD reports that in FY2019, the SECO Career Counseling Center conducted over
159,000 virtual coaching sessions and maintained a 98% satisfaction rate among spouse users.55
My Career Advancement Account (MyCAA) Scholarship Program
DOD’s My Career Advancement Account (MyCAA) Scholarship Program provides up to $4,000
in non-taxable scholarship funds for eligible military spouses for licensure and certification

51 U.S. Government Accountability Office, Military Spouse Employment Programs: DOD Can Improve Guidance and
Program Monitoring, GAO-13-60, December 2012, https://www.gao.gov/assets/660/650867.pdf.
52 E.O. 13832 of May 9, 2018, 83 FR 22343, at https://www.federalregister.gov/documents/2018/05/14/2018-
10403/enhancing-noncompetitive-civil-service-appointments-of-military-spouses.
53 See MilitaryOneSource, SECO Coaching Packages, at
https://myseco.militaryonesource.mil/portal/content/view/3898.
54 Ibid.
55 DOD, Dependents Education, Operation and Maintenance, Defense-Wide, Fiscal Year (FY) 2021 Budget Estimates,
https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2021/budget_justification/pdfs/01_Operation_and_
Maintenance/O_M_VOL_1_PART_1/DoDDE_OP-5.pdf, p. 23.
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programs.56 According to DOD, during FY2019 more than 18,500 spouses received education
related financial assistance through MyCAA.57
MyCAA was first launched in 2007 as a joint demonstration program between DOD and the
Department of Labor (DOL) and was offered at 18 installations in eight states with a maximum
benefit of $3,000.58 In 2008, Congress authorized education and training programs for military
spouses as part of the FY2009 NDAA.59 DOD then expanded the program across all installations
and offered up to $6,000 in scholarship funds to support a broad range of degrees and
certifications, including undergraduate and advanced degrees. However, due to concerns about a
high number of enrollment requests and high costs (an estimated $250 million in benefits), DOD
temporarily closed the program to new applicants in February 2010.60 To ensure program
sustainability, DOD relaunched a scaled-back program that:
 Reduced the maximum benefit amount from $6,000 to $4,000.
 Limited eligibility to spouses of junior officers (O-1 and O-2), warrant officers
(W-1 and W-2), and enlisted servicemembers (E-1 through E-5).
 Restricted the types of degrees and career fields that were eligible for funding to
a license, certification, or associate’s degree in a portable career field.61
MyCAA applicants are also required by DOD policies to undergo career counseling and to
register for Military Spouse Employment Partnership (MSEP) (see below).
Congress later expanded the MyCAA program in the FY2020 NDAA.62 This law extended
eligibility to spouses of all active duty enlisted servicemembers (E-1 through E-9) and allowed
for continued MyCAA eligibility for spouses of officers and warrant officers if the
servicemember is promoted above eligibility paygrades after the spouse has begun a course of
instruction. In addition, the law authorized payment to spouses of members of the Coast Guard to
participate in the DOD program with reimbursement from the Department of Homeland Security
(DHS) to DOD.63 Finally, the law allowed military spouses to receive financial assistance for a
license, certification, or associate’s degree in any career field, removing the requirement that the
area of study be in a portable career field.64

56 Funds are distributed to the qualified institution providing the education or training.
57 DOD, Dependents Education, Operation and Maintenance, Defense-Wide, Fiscal Year (FY) 2021 Budget Estimates,
https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2021/budget_justification/pdfs/01_Operation_and_
Maintenance/O_M_VOL_1_PART_1/DoDDE_OP-
5.pdf.https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2021/budget_justification/pdfs/01_Operation_
and_Maintenance/O_M_VOL_1_PART_1/DoDDE_OP-5.pdf.
58 Laura L. Miller et al., An Early Evaluation of the My Career Advancement Account Scholarship for Military Spouses,
RAND Corporation, 2018, p. 6.
59 P.L. 110-417 §582; 10 U.S.C. §1784a. There is a similar authorization for U.S. Coast Guard spouses under 14 USC
§2904.
60 Laura L. Miller et al., An Early Evaluation of the My Career Advancement Account Scholarship for Military Spouses,
RAND Corporation, 2018, p. 7.
61 DOD uses the Department of Labor’s database of in-demand occupations to identify portable careers eligible for
MyCAA tuition assistance. U.S. Government Accountability Office (GAO), Military Spouse Employment Programs;
DOD can Improve Guidance and Performance Monitoring, GAO-13-60, December 2012, pp. 7-8,
https://www.gao.gov/assets/660/650867.pdf.
62 P.L. 116-92.
63 P.L. 116-92 §580G.
64 P.L. 116-92 §580F.
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An Evaluation the MyCAA Program
A 2018 RAND Corporation study of early participation in the MyCAA program found some positive outcomes,
including:

Increased workforce participation by program participants; MyCAA users were more likely to be in the
workforce two years later than eligible non-users.

Participation in the program is correlated with earnings growth over time.

The program is reaching the highest-need demographic (i.e., spouses of enlisted members who had deployed
and/or made a PCS move).

Program completion rates compare favorably with completion rates among other certificate seekers. For
example, 34% of military spouse users completed their MyCAA plan, whereas estimates for completion of a
certificate program among students in the broader U.S. student population are 28% for ful -time students and
12% for part-time students.

Significantly higher continuation rates over a 4-year period for servicemembers married to MyCAA users.65
This study also noted that some in Congress had raised concerns about the share of funding directed towards
private for-profit institutions and the outcomes for spouses who participated in courses with these institutions.
For the cohort examined, 62% of the funding went to private for-profit institutions, while 33% was spent at public
nonprofits. Completion rates were similar for private for-profit (36%) and public nonprofit (33%). Completion
rates were higher for institutions that offered classroom only instruction (60%) relative to those that offered
online only instruction (24%). In addition, for-profit graduates as a group experienced greater growth in
employment between 2009 and 2013 than graduates from public nonprofit institutions.
Military Spouse Employment Partnership (MSEP)
In the FY2002 NDAA, Congress directed DOD to partner with the United States Chamber of
Commerce and with private-sector employers to enhance private employment opportunities for
military spouses.66 The Military Spouse Employment Partnership (MSEP) is one such effort by
DOD to build these partnerships. The MSEP was launched by DOD in June 2011, and expanded
on an existing Army initiative (Army Spouse Employment Program) that had been in place since
2003.67 The centerpiece of MSEP is a web-based job search and recruitment platform that links
military spouses with potential employers. Participating employers are subject to a screening
process and are required to sign a statement of support for military spouses, committing to:
 Identify and promote portable and sustainable career and employment
opportunities,
 Post job openings and provide a link to their human resources employment page
on the MSEP Partner Porta, and
 Mentor new MSEP partners.
In addition, to qualify as an MSEP partner, businesses should have demonstrated five or more
years of business experience with a good track record, financial stability and broad diversity
efforts, facilities in more than one state or region, and at least thirty available employment
opportunities.68 The company may not charge spouses any fees for employment opportunities.

65 Spouses of MyCAA plan completers Laura L. Miller et al., An Early Evaluation of the My Career Advancement
Account Scholarship for Military Spouses, RAND Corporation, 2018,
https://www.rand.org/pubs/research_reports/RR2093.html.
66 P.L. 107-107 §571.
67 Gabriella C. Gonzalas et al., Evaluation of the Military Spouse Employment Partnership, RAND Corporation, 2015,
https://www.rand.org/pubs/research_reports/RR1349.html.
68 Military Onesource, at https://msepjobs.militaryonesource.mil/msep/become-a-partner.
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Applications for partnership are vetted by the Military Community and Family Policy office.69
The number of partners has grown from 48 in 2010 under the Army-led program to over 420
partners in 2019.70 Participating companies may benefit from this program through access to
talent through the job search portal, and through brand recognition in DOD promotional
materials, events, and social media.
In 2014, as part of the FY2015 NDAA, Congress directed data collection on military spouse
employment and an evaluation of MSEP’s effectiveness in (1) reducing unemployment and
underemployment and (2) reducing the wage gap between military spouses and their civilian
counterparts.71 A 2015 evaluation of MSEP by the RAND Corporation revealed several positive
attributes of the program, including geographic reach and employer representation from many
high-interest career fields.72 However, researchers noted that fewer than 50% of employer
partners offered telework. Other program criteria might limit participation by certain companies
that could offer more flexible work arrangements. In particular, the study pointed to companies in
the technology industry as potentially attractive employers; however, these companies might be
less likely to have a physical presence in more than one state or region, and may not have been in
business for the required five-year minimum.
Occupational License Portability
Generally, the purposes of occupational licensing and certification are to ensure that practitioners
have and maintain a minimum level of qualifications and proficiency and to protect the health and
safety of consumers. Common occupations that may require licenses include nursing, teaching,
real estate, and law. DOD data from 2017 suggests that approximately 36% of employed military
spouses work in professional fields that require licenses.73 While there are some federal
occupational licenses, typically each state sets its own licensing requirements. These can vary
widely.
While occupational licensing can result in helpful quality controls and consumer protections, it
can also create barriers to labor market entry or impede worker mobility.74 Interstate variability in
licensing requirements may impose additional burdens on working spouses of military
servicemembers who are subject to military PCS moves every two to three years. A 2012 report
by DOD and the Department of the Treasury found that military spouses were ten times as likely
to have moved across state lines in the previous year as their civilian counterparts.75 Differences
in state licensing requirements may require spouses to take additional courses, credit hours,
background checks, or exams, and pay the associated costs. These additional requirements can be
disincentives for military spouses to remain in the labor market following a PCS move.

69 Gabriella C. Gonzalas et al., Evaluation of the Military Spouse Employment Partnership, RAND Corporation, 2015,
p. 12, https://www.rand.org/pubs/research_reports/RR1349.html.
70 Ibid, p. 17; and as reported by DOD, Dependents Education, Operation and Maintenance, Defense-Wide, Fiscal Year
(FY) 2021 Budget Estimates.
71 P.L. 113-291§568
72 Gabriella C. Gonzalas et al., Evaluation of the Military Spouse Employment Partnership, RAND Corporation, 2015,
p. 12, https://www.rand.org/pubs/research_reports/RR1349.html.
73 DOD, Military Spouses Demographics and Employment Information, 2018.
74 Morris M. Kleiner, Reforming Occupational Licensing Policies, Brookings, March 2015, pp. 5-6.
75 Department of the Treasury and Department of Defense, Supporting our Military Families: Best Practices for
Streamlining Occupational Licensing Across State Lines, February 2012, p. 3,
https://archive.defense.gov/home/pdf/Occupational_Licensing_and_Military_Spouses_Report_vFINAL.PDF.
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From as early as 2002, DOD has been working with the DOL to resolve issues related to state
residency and licensing requirements.76 Congress has taken several actions to address license
portability issues for military spouses. These include:
 Reimbursing spouses for costs associated with relicensing following a move,
 Promoting interstate compacts for license reciprocity, and
 Promoting expedited or provisional licensing for military spouses.
Reimbursement of Relicensing Costs with PCS Moves
The FY2018 NDAA (P.L. 115-91 §556) first authorized the reimbursement of qualified
relicensing costs up to $500 for military spouses as part of travel and transportation allowances
associated with a permanent change of station move. Qualified relicensing costs include exam
and registration fees that are:
 Imposed by the state of the new duty station to secure a license or certification to engage in
the same profession that the spouse of the member engaged in while in the state of the
original duty station; and
 Paid or incurred by the member or spouse to secure the license or certification from the state
of the new duty station after the date on which the orders directing the reassignment are
issued.77
In the FY2020 NDAA, Congress raised the maximum reimbursement to $1,000, required the
Secretary of Defense to perform an analysis of whether that amount is sufficient to cover average
relicensing costs, and extended the sunset date for the authorization from December 31, 2021, to
December 31, 2024. Currently, this authorization only applies to PCS moves within the United
States and is generally not applicable for moves to a foreign country. In some occupations, a
state-issued license may be valid for U.S. government and contracting jobs overseas.
Interstate License Portability
The Defense State Liaison Office, under the Office of the Deputy Assistant Secretary of Defense
for Military Community and Family Policy, has primary oversight within DOD for outreach to
state governors, legislatures, and other officials. This office has eight regional liaisons and works
to promote state-level legislation and policies that support servicemembers and their families.
One of these policy areas is occupational licensing and transferability for both military spouses
and servicemembers who are separating from the force and seeking civilian jobs.
Congress has taken some action to provide incentives for states to improve license portability.
The FY2020 NDAA (P.L. 116-92) included authorization for DOD to enter into a cooperative
agreement with the Council of State Governments to reduce relicensing burdens on military
spouses.78 The law authorizes up to $4 million per fiscal year for assistance in the development of
interstate compacts with a limit of $1 million per compact. This authority expires on September
30, 2024, and DOD is required to submit an annual report to the congressional Armed Services
Committees on the compacts developed under this authority.

76 U.S. Government Accountability Office, Military Personnel: Active Duty Benefits Reflect Changing Demographics,
but Opportunities Exist to Improve, GAO-02-935, September 18, 2002.
77 37 U.S.C. §476(p).
78 Codified in 10 U.S.C. §1784(h). The Council of State Governments was formed in 1933 as a forum for states to
exchange policy ideas and practice. See https://www.csg.org/.
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What are interstate licensure compacts?
Interstate licensure compacts are essentially agreements between states that allow individuals to obtain a
multistate license applicable to any state that is part of the compact. Typically the individual must have residency in
one of the compact states. For example, if a military spouse’s primary residency is Florida, and his or her spouse is
transferred to Texas, as long as both states are members of a licensure compact, the spouse should be able to
practice in Texas under his or her Florida multistate license without having to apply for a Texas license. Entering
into a compact often requires state governments to adopt legislation with certain criteria and requirements for
their own state licensing.
One example of these compacts is the Nurse Licensure Compact, administered by the Interstate Commission of
Nurse Licensure Compact Administrators. According to this organization, there are 34 states participating in this
compact.79
Various groups have noted some remaining gaps in support for military spouse relicensing. For
instance, the National Conference of State Legislators found that,
while most states have passed legislation to address licensure barriers faced by military
spouses, these efforts vary widely by occupational area and strength of the legislative
language. Specifically, the terms “may” and “shall” in legislation meant to remove barriers
have resulted in a variety of approaches to military spouse licensure.80
This group recommended implementing professional development programs for practitioners at
state licensing authorities, and better data collection on military spouse licensure at the state level.
Other NCSL recommendations for state policymakers include:
 Licensing fee waivers,
 Expedited application review,
 Increasing the use of temporary or provisional licenses, and
 Licensure by endorsement.81
Some of these policy solutions (like fee waivers) may also support veterans transitioning to
civilian employment. With regard to policy solutions at the federal level, Congress may elect to
consider the balance of federal versus states’ rights to regulate economic activity, including
licensing requirements.82 Additionally, there are opportunities for the federal government to
incentivize these measures by the states. Other areas of congressional oversight include
monitoring the amount of DOD spending on reimbursement of relicensing fees and monitoring
the effectiveness of existing support to state licensure compacts that is scheduled to expire in
2024 (see “Interstate License Portability”).

79 National Council of State Boards of Nursing (NCSBN), at https://www.ncsbn.org/nurse-licensure-compact.htm.
80 Amanda Winters, Rachel Stephens, and Jennifer Schultz, Barriers to Work: Improving Access to Licensed
Occupations for Veterans and Military Spouses, National Conference of State Legislatures, 2018,
https://www.ncsl.org/Portals/1/Documents/Labor/Licensing/vetsFamilies_v03_web.pdf.
81 Licensure by endorsement is a process whereby a board issues a permanent license without further examination to
applicants who hold a valid license in another jurisdiction with similar standards.
82 Under the federalist system of the United States, state governments have the general authority, within constitutional
limits, to enact laws to provide for the public health, safety, and morals of the states' inhabitants. For more on the limits
of federalism, see CRS Report R45323, Federalism-Based Limitations on Congressional Power: An Overview,
coordinated by Andrew Nolan and Kevin M. Lewis.
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Selected Hiring Flexibilities for Military Spouses
Congress and the Executive Branch have established hiring flexibilities for certain military
spouses in an effort to enhance their recruitment into the federal government. In general, these
flexibilities aim to enhance recruitment of military spouses by waiving or streamlining certain
competitive hiring requirements affiliated with the traditional federal hiring process, or by
providing selection priority during the hiring process. Two notable hiring flexibilities exist
exclusively for military spouses: (1) a government-wide noncompetitive appointment hiring
authority, and (2) a hiring preference for DOD positions.83 The two flexibilities employ different
mechanisms to make it easier for qualified military spouses to obtain federal positions. The
noncompetitive appointment authority increases spouse eligibility for federal positions and alters
the federal hiring process by waiving certain competitive hiring requirements. The hiring
preference, in contrast, does not alter eligibility or the hiring process, but instead provides
spouses with selection priority during the process. (See below for a comparison of selected
characteristics for each flexibility.)
Noncompetitive Appointment Authority for Military Spouses
Federal agencies are authorized to noncompetitively appoint certain military spouses to civil
service positions in the competitive service.84 The noncompetitive appointment authority for
military spouses derives from:
 Executive Order 13473, issued by President George W. Bush on September 25,
2008,85 and final rules to implement the order.86
 Executive Order 13832, issued by President Donald J. Trump on May 9, 2018.87
 Statutory provisions codified at 5 U.S.C. §3330d. These provisions were enacted
in the FY2013, FY2017, and FY2019 National Defense Authorization Acts

83 Additional hiring flexibilities exist that apply to, but are not exclusively designated for, military spouses, and thus are
beyond the scope of this report. For example, DOD offers a hiring preference to family members of active duty
servicemembers that relocate to a duty station in a foreign area. For more information, see
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/140025/1400.25-V1232.pdf. Another example is derived
preference, which allows a servicemember’s family members to claim veterans’ preference in certain circumstances.
See CRS Report R44652, Federal Government Employment: Veterans’ Preference in Competitive Examination, by
Benjamin Collins.
84 The competitive service includes (a) all civilian positions in the federal executive branch unless specifically excepted
therefrom by or pursuant to statute or by the Office of Personnel Management (OPM) under 5 C.F.R. §6.1. and (b) all
positions in the federal legislative branch and the federal judicial branch and in the District of Columbia Government
which are specifically made subject to the civil service laws by statute. OPM determines finally whether a position is in
the competitive service (5 C.F.R. §1.2). Competitive position means a position in the competitive service (5 C.F.R.
§1.3(b)). Competitive status means basic eligibility to be noncompetitively selected to fill a vacancy in a competitive
position. It is acquired by career-conditional or career appointment through open competitive examination upon
satisfactory completion of a probationary period, or may be granted by statute, executive order, or the Civil Service
Rules without competitive examination. (5 C.F.R. §1.3(c)).
85 U.S. Presidents (George W. Bush), Executive Order 13473, To Authorize Certain Noncompetitive Appointments in
the Civil Service for Spouses of Certain Members of the Armed Forces, September 25, 2008, Federal Register, vol. 73,
September 30, 2008, pp. 56703-56704, at https://www.govinfo.gov/content/pkg/FR-2008-09-30/pdf/E8-23125.pdf.
86 Title 5 of the Code of Federal Regulations (C.F.R.) at 5 C.F.R. Part 315, Subpart F, §315.612.
87 U.S. Presidents (Trump), Executive Order 13832, Enhancing Noncompetitive Civil Service Appointments of
Military Spouses, May 9, 2018, Federal Register, vol. 83, May 14, 2018, pp. 22343-22345, at
https://www.govinfo.gov/content/pkg/FR-2018-05-14/pdf/2018-10403.pdf.
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(NDAAs).88 The rule proposed by OPM would also give effect to the statutory
provisions.
E.O. 13473 allowed a federal executive agency to make noncompetitive appointments of certain
military spouses of members of the Armed Forces to civil service positions in the competitive
service .89 OPM refers to the E.O. as the original authority for the noncompetitive appointments.
Section 1 of the E.O. established the policy that the appointments were:
to provide for the appropriately expedited recruitment and selection of spouses of members
of the Armed Forces … as part of the effort of the United States to recruit and retain in
military service, skilled and experienced members of the Armed Forces and to recognize
and honor the service of such members injured, disabled, or killed in connection with their
service.90
OPM stated that the appointing authority is:
a government wide initiative that allows agencies to appoint certain military spouses
without using traditional competitive examining procedures.91
Agencies can choose to use this authority when filling competitive service positions on a
temporary (not to exceed 1 year), term (more than 1 year but not more than 4 years), or
permanent basis. The authority does not entitle spouses to an appointment over any other
applicant and] it is used at the discretion of an agency.92
Eligibility for Noncompetitive Appointment
OPM’s 2009 rule limited eligibility under this authority to spouses who were relocating as a result of permanent
change of station (PCS) orders, spouses of service members who incurred a 100% disability because of the service
member’s active duty service, and the un-remarried widows or widowers of servicemembers who died while on
active duty.93 The rule also restricted the use of the authority for a permanent appointment to once per set of
PCS orders, and established a two-year limitation on the period of time that it could be used fol owing a
relocation.
On August 31, 2011, OPM published a final rule removing the two-year eligibility limitation for noncompetitive
appointment for spouses of service members who incurred a 100% disability or who were kil ed while on active

88 Division A, Title V, Subtitle G, §566(a) of P.L. 112-239, National Defense Authorization Act (NDAA) for Fiscal
Year 2013, enacted on January 2, 2013 (126 Stat. 1749), as amended by Division A, Title XI, Subtitle C, §1131 of P.L.
114-328, NDAA for Fiscal Year 2017, enacted on December 23, 2016 (130 Stat. 2457) and Division A, Title V,
Subtitle H, §573 of P.L. 115-232, NDAA for Fiscal Year 2019, enacted on August 13, 2018 (132 Stat. 1779). As
discussed later in this section of the report, P.L. 115-232 provides a temporary expansion of the noncompetitive
appointment authority. The provisions will expire on August 12, 2023. Upon expiration, the provisions of 5 U.S.C.
§3330d that were amended or repealed by P.L. 115-232 “are restored or revived as if such section had not been
enacted.”
89 “Executive agency” means an Executive department, a Government corporation, and an independent establishment
(5 U.S.C. §105), but does not include the Government Accountability Office. “Armed forces” means the Army, Navy,
Air Force, Marine Corps, Space Force, and Coast Guard (10 U.S.C. §101(a)(4)).
90 73 Federal Register 56703.
91 U.S. Office of Personnel Management, Delegated Examining Operations Handbook: A Guide for Federal Agency
Examining Offices, June 2019, p. Glossary-9. According to OPM, “In the competitive service, individuals must go
through a competitive hiring process (i.e., competitive examining) before being appointed which is open to all
applicants. This process may consist of a written test, an evaluation of the individual’s education and experience, and/or
an evaluation of other attributes necessary for successful performance in the position to be filled.” (U.S. Office of
Personnel Management, Hiring Information, Hiring Authorities, at https://www.opm.gov/policy-data-oversight/hiring-
information/hiring-authorities/).
92 Information provided to CRS by OPM staff by electronic mail on August 6, 2020.
93 85 Federal Register 32304.
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duty.94 The rule became effective on September 30, 2011. OPM noted that the change provides such spouses with
unlimited eligibility for noncompetitive appointment to further facilitate their entry into the civil service.95 In
support of this change, OPM cited a finding by the Department of the Navy’s Spouse Employment and
Empowerment Integrated Process Team (IPT) that, “spouses of service members who were kil ed or who became
100% disabled while on active duty had been unable to make use of the noncompetitive hiring authority within the
two-year eligibility period due to their bereavement, convalescent care responsibilities, dependent care
responsibilities, or their need to undergo education or training.”96
The FY2019 NDAA temporarily expanded aspects of the noncompetitive appointment authority for spouses of
active duty servicemembers.97 The act expanded eligibility criteria to include all active duty spouses rather than
only those who relocate as part of a PCS move. The act also allowed active duty spouses to use the authority for
multiple permanent appointments rather than one permanent appointment per PCS. However, OPM has the
authority to limit the total number of appointments for active duty spouses who do not relocate with a
servicemember. The temporary expansions wil expire on August 13, 2023.98
Currently, three categories of military spouses are eligible for the noncompetitive appointment authority pursuant
to 5 U.S.C. §3330d, which are listed below. The eligibility and usage requirements vary for each group, which are
further described in Appendix A.

Spouse of servicemember on active duty.

Spouse of a retired, separated, or discharged servicemember with a 100% service-connected disability.

Un-remarried spouse of a servicemember who dies on active duty.
On May 9, 2018, President Donald J. Trump issued E.O. 13832 to enhance the noncompetitive
appointment of military spouses to civil service positions in the competitive service.99 The E.O.
emphasized retention, readiness, and family well-being as motivating factors for the policy
change, stating,
This policy will assist agencies in tapping into a pool of talented individuals and will
promote the national interest of the United States and the well-being of our military
families. It will also help retain members of the Armed Forces,100 enhance military
readiness, recognize the tremendous sacrifices and service of the members of our Armed

94 The rule became effective on September 30, 2011. U.S. Office of Personnel Management, “Noncompetitive
Appointment of Certain Military Spouses,” Final Rule, Federal Register, vol. 76, August 31, 2011, pp. 54071-54072, at
https://www.govinfo.gov/content/pkg/FR-2011-08-31/pdf/2011-22268.pdf. See also, U.S. Office of Personnel
Management, “Noncompetitive Appointment of Certain Military Spouses,” Proposed Rule, Federal Register, vol. 76,
March 10, 2011, pp. 13100-13101, at https://www.govinfo.gov/content/pkg/FR-2011-03-10/pdf/2011-5459.pdf.
95 76 Federal Register 54071.
96 Ibid.
97 P.L. 115-232, §573.
98 Upon expiration, the provisions of 5 U.S.C. §3330d that were amended or repealed by Sec. 573 of P.L. 115-232 “are
restored or revived as if such section had not been enacted.”98
99 Sec. 1(a) of the Executive Order provides that “Military spouse” means (i) the husband or wife of a member of the
Armed Forces who, as determined by the Secretary of Defense, is performing active duty pursuant to orders that
authorize a permanent change of station move, if such husband or wife relocates to the member’s new permanent duty
station; (ii) the husband or wife of a totally disabled retired or separated member of the Armed Forces; or (iii) the
unremarried widow or widower of a member of the Armed Forces killed while performing active duty.
100 Sec. 1(b) of the Executive Order provides that “Member of the Armed Forces” means an individual who: (i) Is
serving on active duty in the armed forces under orders specifying the individual is called or ordered to active duty for
more than 180 consecutive days, has been issued orders for a permanent change of station, and is authorized for
dependent travel (i.e., the travel of the service member's family members) as part of the orders specifying the
individual's permanent change of station; (ii) Retired from active duty in the armed forces with a service-connected
disability rating of 100% as documented by a branch of the armed forces, or retired or was released or discharged from
active duty in the armed forces and has a disability rating of 100% as documented by the Department of Veterans
Affairs; or (iii) Was killed while serving on active duty in the armed forces. (5 CFR §315.612(b)(4)).
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Forces and their families, and decrease the burden of regulations that can inhibit the entry
of military spouses into the workforce.101
Section 3 of the E.O. directs agencies102 and OPM to take specific actions to promote the hiring of
military spouses. When filling vacant positions in the competitive service, agencies are directed,
to the greatest extent possible, to “indicate in job opportunity announcements (JOAs)” that
candidates will be considered under the military spouse hiring authority,103 in addition to those
candidates who are identified on the certificate for a position or through other hiring authorities.
Agencies are also to “actively advertise and promote the hiring authority and actively solicit
applications from military spouses for posted and other agency positions (including through
USAJOBS).”104
Under the E.O., OPM’s ongoing responsibilities are to:
[C]onsider whether changes to 5 C.F.R. §315.612 are appropriate to account for cases in
which there are no agency job openings within the geographic area of the permanent duty
station of the member of the Armed Forces for which the member’s spouse is qualified.
[P]eriodically circulate notifications concerning the military spouse hiring authority and its
eligibility requirements to each agency’s Chief Human Capital Officer or the agency’s
equivalent officer, for such officer to transmit to appropriate offices and to notify eligible
populations.105
In addition, the agencies are to report to OPM and DOL by December 31 of each year describing
actions taken to advertise and promote the military spouse hiring authority. The report must
include the number of:
 positions made available,
 applications submitted, and
 military spouses appointed during the preceding fiscal year.106
Within 180 days of the order, OPM was to have “educate[d] agencies” about the hiring authority
and ensured that human resources personnel and hiring managers were briefed on its effective
use. OPM was also to have provided any appropriate guidance to clarify the provisions of the
Telework Enhancement Act of 2010 (P.L. 111-292) and ensured that the briefings for personnel
and managers included techniques for effectively using telework.107 On May 29, 2020, OPM
published a proposed rule to implement the noncompetitive appointment of certain military
spouses.108 (See discussion of the proposed rule and side-by-side comparison with existing rules
in Appendix C.)

101 Sec. 2(b) of the Executive Order, at 83 FR 22343.
102 Sec. 1(c) of the Executive Order provides that “Agency” has the meaning set forth in 5 U.S.C. §3330d.“Executive
agency” means an Executive department, a Government corporation, and an independent establishment (5 U.S.C.
§105), but does not include the Government Accountability Office. (5 U.S.C. §3330d(a)(2))
103 Sec. 1(d) of the Executive Order provides that “Military spouse hiring authority” refers to the appointment authority
at 5 U.S.C. §3330d and 5 C.F.R. §315.612.
104 Sec. 3(a)(b) of the Executive Order, at 83 FR 22343-22344.
105 Sec. 3(c)(d) of the Executive Order, at 83 FR 22343-22344.
106 Sec. 3(f) of the Executive Order at 83 FR 22344.
107 Sec. 3(e) of the Executive Order, at 83 FR 22344.
108 Comments on the proposed rule were to be submitted to OPM by July 28, 2020.U.S. Office of Personnel
Management, “Noncompetitive Appointment of Certain Military Spouses,” Proposed Rule, Federal Register, vol. 85,
May 29, 2020, pp. 32304-32308, at https://www.govinfo.gov/content/pkg/FR-2020-05-29/pdf/2020-10768.pdf.
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Noncompetitive Appointment Implementation and Reporting Requirements
The OPM Director administers the E.O. and is to report annually to the President on its
implementation and “any recommendations for improving the hiring of military spouses,
including steps to enhance” the hiring authority’s effectiveness. The report, prepared in
coordination with the Secretary of Labor, through the Assistant to the President for Domestic
Policy, is to include recommendations developed through consultation with the Secretaries of
Defense and Homeland Security on actions to improve the portability of licenses and remove
barriers to hiring military spouses.109
The FY2019 NDAA also directed OPM to collect data and report on the use and effectiveness of
the noncompetitive appointment authority to the House Committee on Oversight and Reform of
the House of Representatives and the Senate Committee on Homeland Security and
Governmental Affairs.110 Under this law, OPM was required to
 monitor the number of appointments;
 require each agency that uses the authority to submit annual reports on the total
number of individuals appointed, the types of positions filled, and the
effectiveness of the authority; and
 submit a report to the House Committee on Oversight and Reform and the Senate
Committee on Homeland Security and Governmental Affairs on the use and
effectiveness of the authority no later than February 18, 2019.
OPM first submitted the congressionally mandated report, including preliminary data, to
Congress on June 11, 2020 (see Appendix Table D-1). The report stated that a total of 2,172
military spouses in 17 agencies were hired under the appointment authority. The reporting
agencies found that the “authority is an effective and valuable flexibility that expanded access to
another pool of qualified applicants.”111 DOD and the VA reported the highest use of the
appointment authority, followed by the Social Security Administration (SSA), and the
Department of Homeland Security (DHS).

109 Sec. 4 of the Executive Order, at 83 Federal Register 22344.
110 P.L. 115-232 §573.
111 U.S. Office of Personnel Management, Letter (with Enclosure) to the Honorable Carolyn B. Maloney, Chairwoman,
House Committee on Oversight and Reform, June 11, 2020. Provided to CRS by U.S. Office of Personnel Management
staff by electronic mail on June 12, 2020.
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OPM’s Implementation of the Noncompetitive Appointment Authority

The Office of Personnel Management continues to engage in the following activities to implement
and administer the noncompetitive appointment authority for military spouses.112

Prescribing the rules that are codified at 5 C.F.R. §315.612.

Providing guidance to executive agencies on the use of the appointment authority.113

Providing technical assistance to executive agencies on the operation of the appointment authority.

Encouraging executive agencies to use the appointment authority.114

Maintaining regular communication and a partnership with DOD to distinguish between the noncompetitive
appointment authority at 5 U.S.C. §3330d and military preference under Title 10 of the United States Code.

Educating military spouses about their eligibility for noncompetitive appointment and assisting them in
understanding the federal hiring process.

Informing military spouses about federal job opportunities outside DOD.115

Conducting oversight of the implementation and use of the authority, including issuing reports.116
OPM’s activities related to outreach for the appointment authority have included the following.

Consulting with military spouses, in person, through arrangements with such organizations as the American
Legion, Veterans’ service organizations, and the U.S. Chamber of Commerce.117

Conducting workshops and panels that discuss federal employment opportunities for military spouses.

Participating in meetings118 to encourage executive agencies to make military spouse hiring a top priority.

Participating in special programs, such as the Hiring Our Heroes Career Summits119 that include discussion of
the military spouse appointment authority.

Incorporating a special (green) button into the USAJOBS.gov120 website to automatically direct military
spouses to guidance on applying for federal positions and job vacancy announcements for which military
spouses are eligible to apply. OPM staff regularly work with the USAJOBS team to ensure that enhancements
are provided to make navigation through the federal government’s employment website easier for military
spouses.
In the spring of 2021, OPM is planning to hold a Military Spouse Hiring Summit that is expected to
involve representatives from OPM, DOD, the Department of Labor, and Veterans’ Service
organizations.

112 The information in this section is based on a telephone consultation and electronic mail communications with U.S.
Office of Personnel Management staff in April, May, and June 2020.
113 For example, see, U.S. Office of Personnel Management, Memorandum to Chief Human Capital Officers, From
Margaret M. Weichert, Acting Director, “Recent Changes to the Noncompetitive Hiring Authority of Military
Spouses,” March 1, 2019, at https://www.chcoc.gov/content/recent-changes-noncompetitive-hiring-authority-military-
spouses. The memorandum discussed the non-competitive hiring authority of military spouses, including Executive
Order 13832 and P.L. 115-232.
114 For example, on November 18, 2019, OPM hosted a panel on hiring military spouses at the public meeting of the
Chief Human Capital Officers. (https://www.opm.gov/news/releases/2019/11/opm-hosts-panel-on-hiring-military-
spouses/).
115 OPM has found that military spouses are generally familiar with federal career opportunities within DOD, but less
familiar with such opportunities in the executive branch generally.
116 OPM notified executive agencies about reporting requirements in U.S. Office of Personnel Management,
Memorandum for Human Resources Directors, From Mark D. Reinhold, Associate Director, Employee Services,
“Agency Non-Competitive Hiring Authority of Military Spouses Annual Reporting,” September 27, 2019, at
https://www.chcoc.gov/content/agency-non-competitive-hiring-authority-military-spouses-annual-reporting.
117 During the ongoing national emergency related to COVID-19, OPM has been exploring ways to continue outreach
activities by using webinars and social media communications.
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DOD Military Spouse Preference
The DOD military spouse preference (MSP) program provides selection priority to certain
spouses of active duty servicemembers for covered DOD positions. MSP candidates who are
determined to be among the best qualified must be selected ahead of other best qualified
candidates for covered DOD civilian positions at, or in the commuting area of, the
servicemember’s permanent duty station. However, an MSP candidate cannot be selected ahead
of a candidate with veterans’ preference when applicable.121 Use of MSP is limited to one
permanent appointment per PCS and MSP terminates when a spouse accepts or refuses a covered
position, regardless of whether preference was applied.122 MSP is restored upon a PCS to a new
permanent duty station.
Eligibility for DOD Military Spouse Preference
Pursuant to DOD Instruction 1400.25, Volume 315, a military spouse is eligible for MSP if they are

relocating with an active duty servicemember to a new duty station via a permanent change of station
(PCS);

married to the servicemember prior to, or on the date of, the servicemember’s orders authorizing the
PCS; and

determined to be among the best qualified for a covered position.
MSP is structurally distinct from the noncompetitive appointment authority (See Appendix Table
A-1 for a comparison of the two authorities). MSP has narrower eligibility criteria and is
available only to spouses of active duty servicemembers who relocate to a new duty station.
Regarding the federal hiring process, MSP does not waive competitive examining procedures for
military spouses. Spouses who apply for federal positions that are open to the public must be
rated and ranked against other candidates and found to be among the best qualified before MSP is
applied. Further, MSP does not allow military spouses to apply for positions that are otherwise
reserved for current or former federal employees.
MSP and the noncompetitive appointment authority can be used in sequence . For example, a
military spouse could use the noncompetitive appointment authority to apply for a covered DOD
position that is reserved for current and former federal employees. If deemed among the best
qualified for the position, the spouse would then receive selection priority over other candidates
via MSP.123

118 For example, OPM has participated in meetings with the Department of Defense, the Department of Homeland
Security, the Department of Education, and the Small Business Administration to discuss the hiring of military spouses.
119 See, Hiring Our Heroes, at https://www.hiringourheroes.org/tag/career-summit/.
120 See, https://www.usajobs.gov/Help/working-in-government/unique-hiring-paths/military-spouses/.
121 DOD, “DOD Civilian Personnel Management System: Employment of Spouses of Active Duty Military,” DOD
Instruction 1400.25, Volume 315, March 1, 2019, p. 2, at
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/140025/140025v315.pdf?ver=2019-03-01-094144-790.
122 Ibid, p. 3. MSP can be used indefinitely for non-permanent positions (e.g. temporary or term appointments).
123 MSP candidates can be selected ahead of non-MSP candidates with veterans’ preference for positions reserved for
current or federal employees, as veterans’ preference does not apply to such positions. For more information on
veterans’ preference, see CRS Report R44652, Federal Government Employment: Veterans’ Preference in Competitive
Examination, by Benjamin Collins.
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Other Sources of Employment Support for Military Spouses
There are several other federal, state, and private sector programs that provide assistance to
military spouses in career preparation/education, job-seeking, and during gaps in employment.
These include, for example,
 Unemployment Compensation (UC). Military spouses who quit employment
due to a transfer are eligible for UC in all but three States.124
 Post-9/11 GI Bill. Qualified servicemembers may transfer education benefits to a
dependent, including a spouse.125
 Small Business Administration-led “Boots to Business” (B2B)
entrepreneurship training programs. Spouses may attend this no-cost training
and counseling program on military installations.126
 Telework Resources. The FY2018 NDAA authorized the Secretary of Defense
to carry out a pilot program on public-private partnerships for telework facilities
for military spouses on military installations outside the United States.127
 Transition Assistance Program (TAP). Military spouses are eligible to
participate in this program, which is administered through a partnership among
DOD, DOL, and the Department of Veterans Affairs. TAP helps servicemembers
transitioning out of the military with employment and relocation assistance and
with assistance obtaining a variety of other benefits and services.128
 Installation-based Military Family Support Centers. Family Support Centers
offer additional services, resources and programs for military spouse
employment. These vary by service and installation and can include job fairs,
workshops, or mentoring programs.129

124 See Table 2 in CRS Report RS22440, Unemployment Compensation (Insurance) and Military Service, by Julie M.
Whittaker.
125 CRS Report R42755, The Post-9/11 GI Bill: A Primer, by Cassandria Dortch. See also,
https://milconnect.dmdc.osd.mil/milconnect/public/faq/Education_Benefits-About_Your_Education_Benefits.
126 CRS Report R42695, SBA Veterans Assistance Programs: An Analysis of Contemporary Issues, by Robert Jay
Dilger and Sean Lowry. Linda McMahon, Entrepreneurship for Military Spouses, Small Business Administration, June
14, 2017.
127 P.L. 115-91 §560.
128 This program, and spouse participation in the program, is authorized under 10 U.S.C. §§1142 and 1144.
129 Military Onesource, Family Readiness System, at https://www.militaryonesource.mil/family-relationships/family-
life/keeping-your-family-strong/family-readiness-system.
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Figure 3. Federal Initiatives for Military Spouses by Type of Support

Source: CRS analysis of programs and initiatives.
Note: MSEP = Military Spouse Employment Partnership, MyCAA = My Career Advancement Account, SECO =
Spouse Education and Career Opportunities, TAP = Transition Assistance Program.

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Military Spouse Employment

Selected Legislative Proposals in the 116th Congress
Congress continues to work on legislation that would provide incentives for employers to hire
military spouses, to support spouses as small business owners, and to help military spouses gain
the education and skills that can improve job-matching and reduce underemployment and
unemployment. Selected initiatives in the 116th Congress are discussed below.
Employer Incentives to Hire Military Spouses; the Work
Opportunity Tax Credit (WOTC)
WOTC is a provision of the Internal Revenue Code (Title 26 of the U.S. Code) that provides a tax
credit to employers that hire workers with certain personal characteristics, including veterans,
recipients of certain public benefits, ex-felons, or other specified populations.130 The employer
claims the credit as a portion of the wages paid to an eligible worker. In most cases, the maximum
credit is $2,400. Research on the impact of the WOTC for targeted populations is mixed. In
addition, findings from these studies cannot necessarily predict outcomes for the military spouse
population due to demographic and socio-economic differences with respect to existing eligible
populations.131 Proposals in the 116th Congress would expand the Work Opportunity Tax Credits
as an incentive for employers to hire military spouses.132
Residency Protections for Military Spouses as Business Owners
For military spouses who own a business, moving from one state to another may change some
regulatory requirements, depending on how the business is structured. These may include
registering the business in the new state, securing permits or licenses, and managing tax
responsibilities. Proposals in the 116th Congress would amend the Servicemembers Civil Relief
Act (SCRA) to address residency issues for military spouses with registered businesses.133
Currently, under the SCRA, military spouses may maintain residency in a state while absent from
that state due to the servicemember’s compliance with military orders, for some tax purposes.
This legislation would allow military spouses to maintain residency for the specific purpose of
registering a business.
Education Loan Forgiveness
Along with some states and private companies, the federal government offers student loan
forgiveness programs that are often contingent on completing certain payment or work-tenure
obligations.134 Military spouses engaged in full-time public service careers may be eligible to

130 For more information on how the WOTC works, see CRS Report R43729, The Work Opportunity Tax Credit, by
Benjamin Collins and Sarah A. Donovan.
131 For example, the positive marginal effects may differ for military spouses and ex-felons who face different barriers
to employment.
132 H.R. 2912, H.R. 2667.
133 S. 1383, H.R. 3072 and H.R. 2618 The SCRA currently offers some state residency protections for servicemembers
and their spouses. For more, see CRS Report R45283, The Servicemembers Civil Relief Act (SCRA): Section-by-Section
Summary, by Jennifer K. Elsea
134 Reporting indicates that 4% of U.S. private sector companies provide student loan forgiveness as an employee
benefit. Society for Human Resource Management, 2018 Employee Benefits: The Evolution of Benefits, 2018,
https://www.shrm.org/hr-today/trends-and-forecasting/research-and-
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have the balance (principal and interest) of their Direct Loans135 forgiven under the Public Service
Loan Forgiveness (PSLF) program.136 Federal law also provides up to $5,000 in loan forgiveness
for qualified teachers who teach for five consecutive years on a full-time basis in eligible low-
income schools.137 Legislative proposals in the 116th Congress would allow military spouses to
remain eligible for loan forgiveness even if there is a break in the five-year teaching requirements
related to a relocation due to military orders.138
Considerations for Congress
While there are several initiatives in place to support military spouses, questions remain about the
effectiveness, equity, and outreach for these programs. Congress may consider the following
matters when conducting oversight of these programs and authorities.
Program Awareness and Eligibility
While a substantial number of support programs for military spouses exist, military spouses may
be unaware of their eligibility, or unable to find a comprehensive source of information on these
benefits; this could reduce utilization of job-seeking and skills-training activities. In addition,
there are variations in eligibility requirements and application processes between programs,
military services, and agencies. For example, a military spouse may be eligible for licensing fee
reimbursement when moving from Alabama to California, but the reimbursement would not
apply for an overseas PCS move. Another spouse may find that he or she is eligible for a Post
9/11 GI Bill benefit transfer for education, but ineligible for an education scholarship under the
MyCAA program. While much of the information is available through online resources like
Military OneSource, it can still be a confusing landscape of benefits to navigate for military
spouses. This can also lead to gaps, redundancies, or inefficiencies in program implementation.
Many of the eligibility requirements for spouse programs were initially conceived with separate
target populations and specific outcomes in mind; however, subsequent legislation has tended to
expand the eligible population, creating the potential for overlap between programs and for
excess administrative overhead. Congress may consider opportunities to standardize eligibility or
streamline programs.
To determine whether DOD and federal agency outreach is adequately disseminating information,
Congress could direct DOD and or OPM to administer a survey or assessment.139 For example,
one type of survey could elicit the views of military spouses, including their knowledge and
understanding, regarding the existing authorities and programs and any specific experiences in
using these as part of the job search process. It could also query the military spouses on their
views regarding specific ways the authority could be enhanced, either through improved

surveys/Documents/2018%20Employee%20Benefits%20Report.pdf.
135 More information on Direct Loans may be found in CRS Report R40122, Federal Student Loans Made Under the
Federal Family Education Loan Program and the William D. Ford Federal Direct Loan Program: Terms and
Conditions for Borrowers, by David P. Smole.
136 More information on PSLF may be found in CRS Report R45389, The Public Service Loan Forgiveness Program:
Selected Issues, by Alexandra Hegji.
137 P.L. 105-244. For more on teacher loan forgiveness programs, see CRS Report R40122, Federal Student Loans
Made Under the Federal Family Education Loan Program and the William D. Ford Federal Direct Loan Program:
Terms and Conditions for Borrowers, by David P. Smole, and CRS Report R45914, K-12 Teacher Recruitment and
Retention Policies in the Higher Education Act: In Brief, by Jeffrey J. Kuenzi.
138 S. 532 and H.R. 1229.
139 DOD has the authority to survey military families under 10 U.S.C. §1782.
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Military Spouse Employment

administration or qualification criteria, or by identifying unmet needs or gaps in the current
programs. A similar survey could be done with federal agency human resource professionals and
hiring managers to gauge their awareness of military spouse hiring authorities. If survey data
reveal a lack of knowledge on the part of those who implement hiring authorities, Congress could
require OPM to add training (including virtual training) on programs for military spouses to
agencies’ training programs and plans.
Program Reporting and Evaluation
Congress has mandated several reports to gauge the effectiveness of military spouse employment
programs and authorities. Evaluations of existing programs have generally shown positive
outcomes for military spouses. In addition to continuing to monitor data and reports produced by
DOD and other federal agencies, Congress may also take action to improve the quality and
reliability of data. For example, to ensure that the operation of appointment authorities for certain
military spouses are reviewed and evaluated according to the same criteria, Congress could direct
OPM to create a standardized template that executive agencies would be required to use in
reporting their military spouse appointment data to the personnel agency.
Other considerations
Congress may also want to consider how changes to other aspects of military service, like
reducing the frequency of PCS moves, could have positive effects on family readiness and well-
being. For example, along with the employment challenges for military spouses, military children
also experience stresses in the transition to new school districts and social networks. Anecdotal
accounts from military servicemembers suggest that they will sometimes forgo career-enhancing
assignments that would require a move in order to support a civilian spouse’s career or to allow a
child to finish local schooling. Some questions for the military services might be,
 Are there ways the services can provide more opportunities to reduce PCS moves
and allow for longer assignments within the same geographic location?140
 Are there additional flexibilities that a servicemember can use to take a career
break for family matters? Are Servicemembers aware of existing opportunities
(e.g., Career Intermission Program and deferred promotion eligibility)?141
Finally, programs to support military spouse employment may be considered with respect to other
policies, priorities, and initiatives for national security and the national labor market. From a
national security perspective, Congress often must consider trade-offs in military appropriations
based on ever-evolving defense needs. In this regard, it may be important to consider the value
and impact of spouse employment programs in the context of other personnel and operational
readiness programs.142 Congress can also consider military spouse programs in the context of
other federal, state, and private-sector employment programs. For example, military spouses may

140 This is sometimes referred to colloquially among military personnel as homesteading. Richard Sisk, "New Army
Chief Wants to Let Soldiers Stay Longer at Favorite Duty Stations," Military Times, October 17, 2019.
141 The Career Intermission Program (CIP) provides servicemembers the ability to transfer out of the active component
and into the Individual Ready Reserve for up to three years while retaining full health care coverage and base
privileges. The motivation for this program was to allow members to take a career break to support family issues or
pursue outside education/experience without being penalized in terms of promotion and advancement. 10 U.S.C. §619
allows for deferred promotion for officers.
142 Spouse employment programs are generally part of the services’ broader operation and maintenance budget for
activities such as family support services and base operations.
CRS-32

Military Spouse Employment

be eligible for other non-DOD job-training or career counseling programs that provide similar
benefits or outcomes.

CRS-33

link to page 35 link to page 35 link to page 35 link to page 35 link to page 35 Military Spouse Employment

Appendix A. Comparison of Federal Hiring
Flexibilities for Military Spouses
Table A-1. Characteristics of Selected Federal Hiring Flexibilities for Military
Spouses
Noncompetitive Appointment
DOD Military Spouse Hiring Preference
Characteristic
Authority for Military Spousesa
for Active Duty (MSP)
Statutory
5 U.S.C. §3330d
10 U.S.C. §1784
authority
Regulations
5 C.F.R. §315.612
DOD Instruction 1400.25, Volume 315
Authority
Authorizes agencies to noncompetitively
Requires DOD components to select a
appoint a qualified spouse of a
military spouse who is among the best
servicemember to a covered civilian
qualified ahead of other best qualified
position.
candidates (except candidates with veterans’
preference) for covered DOD civilian
positions.
Covered
Any civilian position in the competitive
DOD civilian positions fil ed using competitive
positions
service at a participating agency.
procedures, including

Appropriated fund positions in the
excepted and competitive services from
GS-1 to GS-15 or equivalent

Nonappropriated fund (NF) positions at
the NF-3 level or below, and for
positions with hourly rates.
Agency use
Optional. Agencies may, but are not required
Required. DOD components must apply the
to, apply the authority to covered positions. preference to covered positions.
Spouse eligibility
A spouse
A spouse of an active duty servicemember
criteria

who relocates with the servicemember to a

of an active duty servicemember,b
duty station via a permanent change of station

of a disabled servicemember, or
(PCS).

of a deceased servicemember.c
Onset of
Spouse of an active duty servicemember:
Nonforeign area: Effective 30 days before the
eligibility
Effective on date of marriage to the
servicemember’s reporting date to a
servicemember.
permanent duty station.
Spouse of disabled or deceased servicemember:
Foreign area: Effective the day the spouse
Effective on the date of documentation
arrives at the permanent duty station.
verifying the disability or death.
Termination of
The authority terminates when a spouse
MSP terminates when a spouse accepts or
authority or
accepts or declines an offer for a covered
declines an offer for a covered position at the
preference
position at the permanent duty station.
permanent duty station, regardless of whether
preference was applied.
Geographic
None.d
Positions must be at or within the commuting
limitation on
area of the servicemember’s permanent duty
covered
station, with some exceptions.e
positions
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link to page 35 link to page 35 link to page 35 link to page 35 Military Spouse Employment

Noncompetitive Appointment
DOD Military Spouse Hiring Preference
Characteristic
Authority for Military Spousesa
for Active Duty (MSP)
Applicability of
No. An eligible spouse who is not
Yes. An MSP candidate who is determined to
selection
determined to be best qualified cannot be
be best qualified for a covered position must
priority
selected over other candidates by virtue of
be selected ahead of other best qualified
the authority.
candidates (except for those with veterans’
preference).
Interaction with
A spouse does not have selection priority
An MSP candidate does not have selection
veterans’
over a candidate with veterans’ preference,
priority over a candidate with veterans’
preference
when applicable.
preference, when applicable.
Limitation on
Relocating spouse of an active duty
Limited to one appointment per PCS.
use for
servicemember: Unlimited.f
Preference restored with a PCS to a new
permanent
Non-relocating spouse of an active duty: OPM
permanent duty station.
appointments
can limit the total number of appointments.g
Spouse of disabled or deceased servicemember:
Limited to one permanent appointment.
Sunset date
August 13, 2023, for temporary
None.
amendments to the permanent authority.a
Source: CRS analysis of the listed laws and regulations governing the noncompetitive appointment authority for
military spouses and DOD military spouse hiring preference.
Notes:
a. Section 573 of the National Defense Authorization Act (NDAA) for FY2019 (P.L. 115-232, §573)
temporarily expanded eligibility for and use of the noncompetitive appointment authority for spouses of
active duty servicemembers. The act expanded eligibility to include all active duty spouses rather than only
those who relocate to the servicemember’s duty station via a permanent change of station (PCS). The act
also allowed active duty spouses to use the authority for multiple permanent appointments rather than one
permanent appointment per PCS. OPM has the authority, however, to limit the total number of
appointments for non-relocating active duty spouses. The temporary expansions wil expire on August 13,
2023.
b. Prior to the temporary expansions to the authority in the NDAA for FY2019 (P.L. 115-232, §573), eligibility
for spouses of active duty servicemembers was limited to those who were (1) married to the
servicemember on, or prior to, the date of the PCS; and (2) relocating with the servicemember to a
permanent duty station via PCS. See 5 C.F.R. §315.612(c)(1).
c. The listed categories of servicemembers (active duty, disabled, and deceased) are defined at 5 U.S.C. §3330d
and 5 C.F.R. §315.612.
d. Prior to the temporary expansions to the authority in the NDAA for FY2019 (P.L. 115-232, §573), use of
the authority was limited to positions in the surrounding area of the active duty servicemember’s duty
station “from which people reasonably can be expected to travel daily to and from work.” An agency head
may waive the geographic limitation if no federal agency exists within the geographic area. See 5 C.F.R.
§315.612(c)(3).
e. DOD Instruction 1400.25, Volume 315, defines a “commuting area” as “The geographic area that is
normally considered one area for employment purposes. It includes the military sponsor’s duty station and
the surrounding localities where people reasonably can be expected to travel daily to and from work.”
f.
Prior to the temporary expansions to the authority in the NDAA for FY2019 (P.L. 115-232. §573), spouses
of active duty servicemembers could only receive one appointment to a permanent position under the
authority. See 5 C.F.R. §315.612(d)(2).
g. Pursuant to the NDAA for FY2019 (P.L. 115-232, §573; listed at 5 U.S.C. §3330d note), OPM can choose to
limit the total number of appointments under the noncompetitive hiring authority for “non-relocating
spouses.”

CRS-35

Military Spouse Employment

Appendix B. Selected Legislation
Table B-1. Selected Legislation Related to Military Spouse Employment
Bill Title
Description
Public Law / U.S. Code
FY1986 DOD
Provided preference in hiring eligible military spouses for the P.L. 99-145, Sec. 806
Authorization Act
fol owing: nonappropriated fund positions in wage grade
(Military Family Act
UA-8 and below and “equivalent positions and for positions
of 1985)
paid at hourly rates,” and for vacancies within DoD above
grade G-7, or its equivalent, if the spouse is on the list of
best qualified candidates, after veteran preference is
satisfied.
FY1987 NDAA
Amended the Military Family Act of 1985 by extending the
P.L. 99-661, Sec. 653
military spouse employment preference to include grades
GS-4 and above.
FY1988 and 1989
Amended the Military Family Act of 1985 by extending the
P.L. 100-180, Sec. 635
NDAA
military spouse employment preference to include grades
GS-1 and above.
FY1996 NDAA
Revised and codified the Military Family Act of 1985 to
P.L. 104-106, Sec.
provide “continuation of delegation of authority with
respect to hiring preference for qualified military spouses.”
568;
10 U.S.C. §1784
FY2002 NDAA
Directed DOD to examine existing military spouse
P.L. 107-107, Sec. 571;

employment programs to improve access to financial and
10 U.S.C. §1784 (d) to (g)
other assistance for job training and education.
Amended 10 U.S.C. §1784 by allowing the Secretary of
Defense to conduct the fol owing: (1) make space-available
use of facilities for spouse training purposes; (2) expand and
facilitate the use of existing federal programs and resources
in support of military spouse employment; (3) develop
partnerships with private-sector firms to provide for
improved job portability for spouses; and (4) seek ways to
incorporate hiring preferences for military spouses with
DOD contractors.
FY2009 NDAA
Authorized DOD to establish programs to assist military
P.L. 110-417, Sec. 582;
spouses in obtaining the education and training required for
10 U.S.C. §1784a
a degree, credential, education prerequisites, or professional
license that expands employment and portable career
opportunities.
FY2010 NDAA
Authorized DOD to establish a pilot program to help
P.L. 111-84, Sec. 564;
military spouses secure internships at federal agencies by
10 U.S.C. §1784 note
reimbursing agencies for the costs associated with the first
year of employment of an eligible spouse.
FY2012 NDAA
Mandated the GAO to review DOD spouse employment
P.L. 112-81, Sec. 578;
programs and the federal hiring mechanisms targeted to help 5 U.S.C. §566
military spouses.
FY2013 NDAA
Provided for the noncompetitive appointment of military
P.L. 112-239, Sec. 566; 5
spouses.
U.S.C. §3330d
FY2015 NDAA
Directed the Secretary of Defense to col ect data to
P.L. 113-291, Sec.
evaluate the effectiveness of military spouse employment
programs.
568;
10 U.S.C. §1784 note
CRS-36

Military Spouse Employment

Bill Title
Description
Public Law / U.S. Code
FY2017 NDAA
Amended the noncompetitive appointment authority to
P.L. 114-328, Sec. 1131;
eliminate the 2-year eligibility limitation and allow a
5 U.S.C. §3330d
relocating military spouse to remain eligible for the duration
of the spouse’s relocation to the permanent duty station of
the member.
FY2018 NDAA
Authorized the Secretary of Defense to carry out a pilot
P.L. 115-91, Sec. 560; 10
program on public-private partnerships for telework
U.S.C .§1784 note
facilities for military spouses on military installations outside
the United States.
FY2019 NDAA
Amended the noncompetitive appointment authority for
P.L. 115-232, Sec 573,
military spouses to include all spouses of members of the
574, and 575;
Armed Forces on active duty and required OPM and agency
10 U.S.C. §1784a note, 5
heads to monitor and report to Congress on spouse
U.S.C. §3330d
appointments under this authority.
Made improvements to the MyCAA program. Directed the
Secretary of Defense to increase outreach on the availability
of the program and ensure training for installation career
counselors on the program. Required GAO to report on
the mechanisms to increase awareness and participation in
the program.
Required DOD to submit an assessment to Congress on the
impact of frequent changes of station affect military spouses,
and how unemployment and underemployment can affect
readiness.
FY2020 NDAA
Required DOD to enter into a cooperative agreement with
P.L. 116-92, Sec. 575, 576,
the Council of State Governments to assist with funding of
580F, 580G, and 577
the development of interstate compacts on licensed
occupations.
Expanded MyCAA to include the Coast Guard and to
reimburse military spouses for a license, certification, or
Associate’s degree in any career field or occupation.
Protected the benefit when a servicemember promoted
above the eligibility rank.
Increased the maximum reimbursement amount for
relicensing fol owing a PCS move from $500 to $1.000, and
required an analysis of whether the maximum
reimbursement is sufficient to cover average costs.
Source: CRS compiled table, using U.S. Code, Congress.gov, and Govinfo.gov.
Notes:
a. OPM submitted the report that is required by §573(d) of P.L. 115-232 to Congress on June 11, 2020. U.S.
Office of Personnel Management, Letter (with Enclosure) to the Honorable Carolyn B. Maloney,
Chairwoman, House Committee on Oversight and Reform, June 11, 2020.

CRS-37

Military Spouse Employment

Table B-2. Bills Introduced in the 116th Congress on Military Spouse Employment
Bill
Number
Bill Title
Description
H.R. 5876
Jobs and Childcare for Military
Provides a work opportunity tax credit (WOTC) for
Families Act of 2020
military spouses; and provides for flexible spending
arrangements for childcare services for military families.
S. 1802
Jobs and Childcare for Military
Amends the Internal Revenue Code to allow a WOTC
Families Act of 2019
for hiring a qualified military spouse; also provides flexible
spending arrangements that military families can use for
childcare services.
H.R. 2667
Military Spouses Employment Act
Expands the work opportunity tax credit WOTC to
include the hiring of a qualified military spouse.
H.R. 2912
Military Spouse Hiring Act
Expands the WOTC to include the hiring of a qualified
military spouse.
S. 2311
SERVICE Act of 2019
Allows a military spouse who is participating in the My
Career Advancement Account program to remain eligible
despite a promotion in grade of the Armed Forces
member to whom the person is married. (Enacted in the
FY2020 NDAA.)
H.R. 3191
Spouse Employment Reciprocity and
Allows a military spouse who is participating in the My
Vocational Instruction for Career
Career Advancement Account program to remain eligible
Enhancement Act of 2019
despite a promotion in grade of the Armed Forces
member to whom the person is married. (Enacted as part
of the FY2020 NDAA.)
H.R. 3072
To amend the Servicemembers Civil
Provides a guarantee of residency for registration of
Relief Act to provide a guarantee of
businesses of spouses of members of the uniformed
residency for registration of
services, to improve occupational license portability for
businesses of spouses of members of
military spouses through interstate compacts, and for
the uniformed services, to improve
other purposes.
occupational license portability for
military spouses through interstate
compacts, and for other purposes.
H.R. 2618
To amend the Servicemembers Civil
Provides a guarantee of residency for registration of
Relief Act to provide a guarantee of
businesses of military spouses; and improves occupational
residency for registration of
license portability for military spouses through interstate
businesses of spouses of members of
compacts.
the uniformed services, to improve
occupational license portability for
military spouses through interstate
compacts, and for other purposes.
S. 1383
A bil to amend the Servicemembers
Provides a guarantee of residency for registration of
Civil Relief Act to provide a
businesses of military spouses; and improves occupational
guarantee of residency for
license portability for military spouses through interstate
registration of businesses of spouses
compacts.
of members of the uniformed
services, to improve occupational
license portability for military
spouses through interstate compacts,
and for other purposes.
H.R. 1229
Preserving Teacher Loan Forgiveness Modifies the qualifying service requirement of the teacher
for Military Spouses Act of 2019
loan forgiveness program for certain military spouses who
have student federal loans.
S. 532
Preserving Teacher Loan Forgiveness Modifies the qualifying service requirement of the teacher
for Military Spouses Act of 2019
loan forgiveness program for certain military spouses who
have student federal loans.
Source: CRS compiled table, using CRS.gov.
Note: Table does not include the FY2020 NDAA, which is included in Table B-1.
CRS-38

Military Spouse Employment

Appendix C. OPM’s Proposed Rule to
Implement FY2019 Noncompetitive
Appointment Provisions
On May 29, 2020, OPM published the proposed rule to implement the noncompetitive
appointment of certain military spouses.
Table C-1. U.S. Office of Personnel Management Rules on Noncompetitive
Appointment of Certain Military Spouses
5 C.F.R. §315.612
Rules Currently in Effect
Proposed Rule
(a) Agency authority.
(a) Agency authority.
In accordance with the provisions of this section, an
In accordance with the provisions of this section, an
agency may appoint noncompetitively a spouse of a
agency head may appoint noncompetitively a spouse of
member of the armed forces serving on active duty
a member of the armed forces serving on active duty,
who has orders specifying a permanent change of

station (not for training), a spouse of a 100% disabled
service member injured while on active duty, or the un-

remarried widow or widower of a service member
Same.
who was kil ed while performing active duty.

CRS-39

Military Spouse Employment

Rules Currently in Effect
Proposed Rule
(b) Definitions. (1) Active duty means ful -time duty in the
(b) Definitions. For purposes of this section: (1) Same.
armed forces, including ful -time National Guard duty,

except that for Reserve Component members the term
“active duty” does not include training duties or

attendance at service schools.

(2) Armed forces has the meaning given that term in 10
(2) Same.
U.S.C. 101.

(3) Duty station means the permanent location to which
(3) Same.
a member of the armed forces is assigned for duty as

specified on the individual's permanent change of
station (PCS) orders.

(4) Member of the armed forces or service member means
(4) Member of the armed forces or service member
an individual who:
means an individual who:
(i) Is serving on active duty in the armed forces under
(i) Is serving on active duty in the armed forces or
orders specifying the individual is called or ordered to
serving under orders specifying the individual is called
active duty for more than 180 consecutive days, has
or ordered to active duty for more than 180
been issued orders for a permanent change of station,
consecutive days;
and is authorized for dependent travel (i.e., the travel of
the service member's family members) as part of the

orders specifying the individual's permanent change of
station;

(i ) Retired from active duty in the armed forces with a
(i ) Retired or was released or discharged from active
service-connected disability rating of 100% as
duty in the armed forces and has a disability rating of
documented by a branch of the armed forces, or
100% as documented by the Department of Veterans
retired or was released or discharged from active duty
Affairs; or
in the armed forces and has a disability rating of 100%

as documented by the Department of Veterans Affairs;

or

(ii ) Was kil ed while serving on active duty in the
(i i) Was kil ed while serving on active duty in the
armed forces.
armed forces.
(5) Permanent change of station means the assignment,

reassignment, or transfer of a member of the armed
forces from his or her present duty station or location
Definition for permanent change of station would be
without return to the previous duty station or location. deleted.
(6) Spouse means the husband or wife of a member of

the armed forces.

(5) Same.
CRS-40

Military Spouse Employment

Rules Currently in Effect
Proposed Rule
(c) Eligibility. (1) A spouse of a member of the armed
(c) Eligibility. (1) A spouse of a member of the armed
forces as defined in paragraph (b)(4)(i) of this section
forces as defined in paragraph (b)(4)(i) of this section
must have:
must be currently married to the member of the armed

forces on active duty. For appointments made on or
after August 13, 2023, the fol owing additional criteria

must be met for eligibility for appointment (for

appointments made prior to or on August 12, 2023,

these criteria do not apply):
(i) Married the member of the armed forces on, or
(i) The member of the armed forces must have
prior to, the date of the service member's orders
received orders authorizing a permanent change of
authorizing a permanent change of station; and
station.
(i ) Relocated with the member of the armed forces to
(i ) The spouse must have married the member of the
the new duty station specified in the documentation
armed forces on, or prior to, the date of such orders
ordering a permanent change of station.
authorizing the permanent change of station.

(i i) The spouse must have relocated or is relocating

with the member of the armed forces to the new duty
station specified in the documentation ordering the

permanent change of station.

(2) A spouse of a member of the armed forces as

defined in paragraph (b)(4)(i ) of this section must be
(2) A spouse of a member of the armed forces as
currently married to the member of the armed forces.
defined in paragraph (b)(4)(i i) of this section must be
(3) A spouse of a member of the armed forces as
the un-remarried widow or widower of the member of
defined in paragraph (b)(4)(i i) of this section must be
the armed forces kil ed on active duty in the armed
the unremarried widow or widower of the member of
forces.
the armed forces kil ed on active duty in the armed
(3) For spouses eligible under paragraph (b)(4)(i) of this
forces.
section, noncompetitive appointment under this section
is limited to the geographic area, as specified on the

service member's permanent change of station orders.
It includes the service member's duty station and the

surrounding area from which people reasonably can be

expected to travel daily to and from work. The head of

an agency, or his or her designee, may waive this

limitation (i.e., accept applications from spouses) if no
Federal agency exists in the spouse's geographic area.

Spouses of active duty military members who are on

retirement or separation PCS orders from active duty

are not eligible to be appointed using this authority
unless the service member is injured with a 100%

disability.

(4) Spouses of retired or separated active duty
(4) Except as indicated in paragraph (c)(5) of this
members who have a 100% disability are not restricted
section, noncompetitive appointment of eligible spouses
to a geographical location.
under this section are not restricted to a geographical
location.
(5) Effective August 13, 2023, the noncompetitive
appointment of a relocating spouse of a member of the
armed forces as defined in paragraph (b)(4)(i) of this
section is limited to the geographic area of the
permanent duty station of the member of the armed
forces, unless there is no agency with a position within
the geographic area of the permanent duty station of
the member of the armed forces.
CRS-41

Military Spouse Employment

Rules Currently in Effect
Proposed Rule
(d) Conditions. (1) In accordance with the provisions of
(d) Conditions. (1) In accordance with the provisions of
this section, spouses are eligible for noncompetitive
this section, a spouse is eligible for noncompetitive
appointment:
appointment:
(i) For a maximum of 2 years from the date of the
(i) From the date of documentation verifying the
service member's permanent change of station orders;
spouse’s marriage to a member of the armed forces as
(i ) From the date of documentation verifying the
defined in paragraph (b)(4)(i) of this section, where the
member of the armed forces is 100% disabled; or
spouse seeks appointment based upon marriage to an
active duty member of the armed forces;
(i i) From the date of documentation verifying the
member of the armed forces was kil ed while on active
(i ) From the date of documentation verifying that the
duty.
member of the armed forces is 100% disabled, where
the spouse seeks appointment based upon marriage to

a member defined in paragraph (b)(4)(i ) of this section;

or

(i i) From the date of documentation verifying that the

member of the armed forces was kil ed while on active

duty where the spouse seeks appointment as the
widow or widower of a member defined in paragraph

(b)(4)(i i) of this section.

(2) The spouse of a member of the armed forces as
(2) A spouse may receive only one noncompetitive
defined in (b)(4)(i) of this section may receive unlimited
appointment under this section to a permanent
noncompetitive appointments under this section to
position per the service member's orders authorizing a
permanent positions through August 12, 2023. Effective
permanent change of station.
August 13, 2023, the spouse of such a member may

receive a noncompetitive appointment under this
section if the member receives permanent change of
(3) Any law, Executive order, or regulation that
station orders and is limited to one such appointment
disqualifies an applicant for appointment also disqualifies per permanent change of station.
a spouse for appointment under this section.
(3) A spouse of a member of the armed forces as
defined in (b)(4)(i ) or (ii ) of this section may receive
only one noncompetitive appointment under this
section to a permanent position.
CRS-42

Military Spouse Employment

Rules Currently in Effect
Proposed Rule
(e) Proof of eligibility. (1) Prior to appointment, the
(e) Proof of eligibility. (1) Prior to appointment, the
spouse of a member of the armed forces as defined in
spouse of a member of the armed forces as defined in
paragraph (b)(4)(i) of this section must submit to the
paragraph (b)(4)(i) of this section must submit to the
employing agency:
employing agency copies of documentation verifying
(i) A copy of the service member's active duty orders
active duty status and documentation verifying marriage
which authorize a permanent change of station. This
to the member of the armed forces (i.e., a marriage
authorization must include:
certificate or other legal documentation verifying
marriage). For appointments made on or after August
(A) A statement authorizing the service member's
13, 2023, the spouse must also submit to the employing
spouse to accompany the member to the new
agency a copy of the service member’s orders reflecting
permanent duty station;
a permanent change of station, dated August 13, 2023
(B) The specific location to which the member of the
or later. (For appointments made on or before August
armed forces is to be assigned, reassigned, or
12, 2023, this requirement does not apply.)
transferred pursuant to permanent change of station

orders; and

(C) The effective date of the permanent change of
station; and

(i ) Documentation verifying marriage to the member of
the armed forces (i.e., a marriage license or other legal

documentation verifying marriage).
(2) Prior to appointment, the spouse of a member of
(2) Prior to appointment, the spouse of a member of
the armed forces as defined in paragraph (b)(4)(i ) of
the armed forces as defined in paragraph (b)(4)(i ) of
this section must submit to the employing agency
this section must submit to the employing agency
copies of:
copies of:
(i) Documentation showing the member of the armed
(i) Documentation showing the member of the armed
forces retired, or was released or discharged from
forces was released or discharged from active duty due
active duty, with a disability rating of 100%; and
to a service-connected disability;
(i ) Documentation verifying marriage to the member of
(i ) Documentation showing the member of the armed
the armed forces (i.e., a marriage license or other legal
forces retired, or was released or discharged from
documentation verifying marriage).
active duty, with a disability rating of 100%; and

(i i) Documentation verifying marriage to the member

of the armed forces (i.e., a marriage license or other
legal documentation verifying marriage).

(3) Prior to appointment, the spouse of a member of
(3)(i)(i ) Same.
the armed forces as defined in paragraph (b)(4)(i i) of

this section must submit to the employing agency

copies of:

(i) Documentation showing the individual was released

or discharged from active duty due to his or her death
while on active duty;

(i ) Documentation verifying the member of the armed
(i i) Documentation verifying the widow or widower’s
forces was kil ed while serving on active duty; and
marriage to the member of the armed forces (i.e., a
marriage license or other legal documentation verifying
(i i) Documentation verifying marriage to the member
marriage); and
of the armed forces (i.e., a marriage license or other
legal documentation verifying marriage); and
(iv) A statement certifying that the individual seeking to
use the authority is the un-remarried widow or
(iv) A statement certifying that he or she is the un-
widower of the service member.
remarried widow or widower of the service member.
(f) Acquisition of competitive status. A person
Same.
appointed under paragraph (a) of this section acquires
competitive status automatically upon completion of
probation.
CRS-43

Military Spouse Employment

Rules Currently in Effect
Proposed Rule
(g) Tenure on appointment. An appointment under
Same.
paragraph (a) of this section is career-conditional unless
the appointee has already satisfied the requirements for
career tenure or is exempt from the service
requirement pursuant to §315.201.
No provision
(h) Agency Reporting Requirements.
(1) As required by Executive Order 13832, each agency
shall report annually (by December 31st of each year)
to OPM and the Department of Labor on:
(i) The number of positions made available under the
military spouse hiring authority;
(i ) The number of applications submitted under the
military spouse hiring authority;
(i i) The number of military spouses appointed under
the military spouse hiring authority during the
preceding fiscal year; and
(iv) Actions taken to advertise the military spouse
hiring authority, and any other actions taken to
promote the hiring of military spouses.
(2) As required by section 573(d) of P.L. 115-232
section 573(d), each agency shall report annually until
August 13, 2023, and separate from the report
required in paragraph (h)(1) of this section on the
fol owing:
(i) The number of relocating and nonrelocating spouses
of current military members appointed under this
authority;
(i ) The types of positions fil ed (by title, series, and
grade level); and
(i i) The effectiveness of this hiring authority.
(3) Agencies should send their reports electronically to
OPM’s Employee Services at militaryspouse@opm.gov.
(4) Agencies are also required to send their reports
separately and directly to Department of Labor (DOL)
at Merens.Nathan.P@DOL.gov.
Source: Title 5, Code of Federal Regulations, Part 315, Subpart F, §315.612 and U.S. Office of Personnel
Management (OPM), “Noncompetitive Appointment of Certain Military Spouses,” Proposed Rule, Federal
Register, vol. 85, May 29, 2020, pp. 32304-32308, at https://www.govinfo.gov/content/pkg/FR-2020-05-
29/pdf/2020-10768.pdf.
Notes: The rules that are currently in effect were prescribed by OPM. See, U.S. Office of Personnel
Management, “Noncompetitive Appointment of Certain Military Spouses,” Final Rule, Federal Register, vol. 74,
August 12, 2009, pp. 40471-40477, at https://www.govinfo.gov/content/pkg/FR-2009-08-12/pdf/E9-19340.pdf. U.S.
Office of Personnel Management, “Noncompetitive Appointment of Certain Military Spouses,” Final Rule, Federal
Register, vol. 76, August 31, 2011, pp. 54071-54072, at https://www.govinfo.gov/content/pkg/FR-2011-08-
31/pdf/2011-22268.pdf.
Comments on the proposed rule must be submitted to OPM by July 28, 2020.
CRS-44

Military Spouse Employment

Appendix D. FY2019 Report on the
Noncompetitive Appointment of Certain
Military Spouses
Division A, Title V, Subtitle H, §573(d) of P.L. 115-232, NDAA for Fiscal Year 2019, enacted on
August 13, 2018 (132 Stat. 1779) requires the U.S. Office of Personnel Management (OPM) to
report to the House Committee on Oversight and Reform and the Senate Committee on Homeland
Security and Governmental Affairs on the use and effectiveness of the authority for the
noncompetitive appointment of certain military spouses. OPM submitted the report, including
preliminary data, to Congress on June 11, 2020. OPM noted that the data “likely do not fully
reflect all the new military spouses that have joined the civil service in the last year” because
military spouses who did not use the authority in obtaining their appointments are not included.
The report showed that:
 A total of 2,172 military spouses in 17 agencies were hired under the
appointment authority. Of this total, 61% were hired into clerical occupations and
23% were hired into administrative positions.
 These military spouses represented 0.93% of new hires in FY2019, a 1.3%
increase in military spouses hired over FY2018.
 DOD hired the largest number (2,010) of military spouses; the Department of
Veterans Affairs hired 55, the Social Security Administration hired 34, and DHS
hired 27 military spouses.
 The United States Agency for International Development, the Federal Election
Commission, the Institute of Museum and Library Services, and the U.S. Access
Board reported that their small agency size and highly specialized positions
resulted in “limited or no positions available in FY2019” for military spouses.
 The 17 agencies reported that the “authority is an effective and valuable
flexibility that expanded access to another pool of qualified applicants.” For
example, the United States Coast Guard increased their military spouse hires
from nine in FY2018 to 18 in FY2019.
 Several agencies reported having made many positions available to military
spouses, but receiving few applicants and having difficulty in finding military
spouse applicants for positions that were nonpermanent positions or in remote
locations.
Table D-1. Noncompetitive Appointment of Certain Military Spouses as reported
by Agencies on December 31, 2019 (Preliminary)
Military Spouse
% Military

All New Hires
Hires
Spouse
Total Executive Branch
233,446
2,172
0.93%
U.S. Department of Agriculture
17,434
3
0.02%
U.S. Department of Commerce
9,649
0
0.00%
U.S. Department of Defense
80,471
2,010
2.50%
U.S. Department of Education
274
1
0.36%
CRS-45

Military Spouse Employment

Military Spouse
% Military

All New Hires
Hires
Spouse
U.S. Department of Energy
963
0
0.00%
U.S. Department of Health and Human Services
3,591
7
0.19%
U.S. Department of Homeland Security
22,806
27
0.12%
U.S. Department of Housing and Urban
Development
437
0
0.00%
U.S. Department of the Interior
13,983
4
0.03%
U.S. Department of Justice
8,314
12
0.14%
U.S. Department of Labor
677
2
0.30%
U.S. Department of State
865
2
0.23%
U.S. Department of Transportation
3,015
2
0.07%
U.S. Department of the Treasury
9,312
3
0.03%
U.S. Department of Veterans Affairs
51,523
55
0.11%
U.S. Agency for International Development
236
0
0.00%
U.S. Environmental Protection Agency
753
0
0.00%
U.S. General Services Administration
204
0
0.00%
National Aeronautics and Space Administration
1,021
0
0.00%
National Science Foundation
192
0
0.00%
U.S. Office of Personnel Management
160
6
3.75%
U.S. Nuclear Regulatory Commission
89
0
0.00%
U.S. Social Security Administration
3,847
34
0.88%
Small Business Administration
965
2
0.21%
Total Chief Financial Officers Act (CFO) Agencies
230,781
2,170
0.94%
Other Agencies
2,665
2
0.08%
Institute of Museum and Library Services
0
0
0.00%
National Credit Union Administration
0
1
0.00%
Surface Transportation Board
0
0
0.00%
U.S. Access Board
0
0
0.00%
U.S. Commission of Fine Arts
0
0
0.00%
National Archives and Records Administration
0
0
0.00%
Pension Benefit Guaranty Corporation
0
1
0.00%
Office of Navajo and Hopi Indian Relocation
0
0
0.00%
U.S. Nuclear Waste Technical Review Board
0
0
0.00%
U.S. Trade and Development Agency
0
0
0.00%
Federal Deposit Insurance Corporation
0
0
0.00%
CRS-46

Military Spouse Employment

Military Spouse
% Military

All New Hires
Hires
Spouse
Public Defender Service for the D.C.
0
0
0.00%
Source: U.S. Office of Personnel Management, Letter (with Enclosure) to the Honorable Carolyn B. Maloney,
Chairwoman, House Committee on Oversight and Reform, June 11, 2020. Provided to CRS by U.S. Office of
Personnel Management staff by electronic mail on June 12, 2020.

CRS-47

Military Spouse Employment

Appendix E. Abbreviations
Table E-1. Commonly Used Abbreviations
Abbreviation
Description
AVF
All Volunteer Force
DHS
Department of Homeland Security
DMDC
Defense Manpower Data Center
DOD
Department of Defense
DOL
Department of Labor
GAO
Government Accountability Office
MSEP
Military Spouse Employment Partnership
MSP
Military Spouse Preference
MyCAA
My Career Advancement Account
NDAA
National Defense Authorization Act
OPA
Office of People Analytics
OPM
Office of Personnel Management
PCS
Permanent Change of Station
SCRA
Servicemembers Civil Relief Act
SECO
Spouse Education and Career Opportunities
UC
Unemployment Compensation
VA
Veterans Administration
WOTC
Work Opportunity Tax Credit

CRS-48

Military Spouse Employment

Congressional Research Service
49

Military Spouse Employment

Author Information

Kristy N. Kamarck
Sofia Plagakis
Specialist in Military Manpower
Research Librarian

Barbara L. Schwemle

Analyst in American National Government

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