[Senate Report 117-178]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 528
117th Congress        }                            {         Report
                                 SENATE
 2d Session           }                            {         117-178
_______________________________________________________________________


                     MILITARY SPOUSE EMPLOYMENT ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4337

         TO AMEND TITLE 5, UNITED STATES CODE, TO AUTHORIZE THE
             APPOINTMENT OF SPOUSES OF MEMBERS OF THE ARMED
          FORCES WHO ARE ON ACTIVE DUTY, DISABLED, OR DECEASED
          TO POSITIONS IN WHICH THE SPOUSES WILL WORK REMOTELY

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                October 18, 2022.--Ordered to be printed
 Filed, under authority of the order of the Senate of October 14, 2022
 
 
 				__________
 
                     U.S. GOVERNMENT PUBLISHING OFFICE

39-010			   WASHINGTON : 2022	 
 
 
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Devin M. Parsons, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk




                                                     Calendar No. 528
117th Congress        }                            {         Report
                                 SENATE
 2d Session           }                            {         117-178

======================================================================



 
                     MILITARY SPOUSE EMPLOYMENT ACT

                                _______
                                

                October 18, 2022.--Ordered to be printed

 Filed, under authority of the order of the Senate of October 14, 2022

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4337]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4337) to amend 
title 5, United States Code, to authorize the appointment of 
spouses of members of the Armed Forces who are on active duty, 
disabled, or deceased to positions in which the spouses will 
work remotely, having considered the same reports favorably 
thereon with an amendment, in the nature of a substitute, and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................5
 IV. Section-by-Section Analysis of the Bill, as Reported.............5
  V. Evaluation of Regulatory Impact..................................6
 VI. Congressional Budget Office Cost Estimate........................6
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. Purpose and Summary

    S. 4337, the Military Spouse Employment Act, would clarify 
that agencies can hire military spouses into fully remote 
positions. This will support the ability of military spouses to 
maintain their position in a federal career regardless of 
military relocations or transfers. The bill amends an existing 
section of title 5, United States Code, providing federal 
agency heads with the authority to appoint military spouses to 
federal employment noncompetitively. The amending language adds 
a definition of ``remote work'' and specifies that the 
appointment authority applies to positions in which the spouse 
will engage in remote work.

              II. Background and Need for the Legislation

    Nearly half, or 49.9%, of active duty servicemembers are 
married, including two-thirds of active duty officers.\1\ 
Military spouses serve as the backbone of military families, 
fulfilling a myriad of household needs around the service 
demands of active duty members. They also play an important 
role in the decision of the servicemember to remain in or leave 
the military.\2\ Studies indicate that the wellbeing of 
military spouses impacts how committed the married 
servicemember is to military service.\3\ A significant factor 
affecting military spouse wellbeing and the overall wellbeing 
of a military family is the spouse having the option to find 
and sustain meaningful employment.\4\
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    \1\Department of Defense, 2020 Demographics: Profile of the 
Military Community (2021) (download.militaryonesource.mil/12038/MOS/
Reports/2020-demographics-report.pdf).
    \2\Blue Star Families, 2021 Military Family Lifestyle Survey: 
Comprehensive Report (2022) (bluestarfam.org/wp-content/uploads/2022/
03/BSF_MFLS_Results2021_ComprehensiveReport_
3_22.pdf).
    \3\U.S. Chamber of Commerce Foundation, Military Spouses in the 
Workplace (2020) (www.hiringourheroes.org/resources/military-spouses-
in-the-workplace-2020/).
    \4\Id. at 6.
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    Over the past half a century, the proportion of dual-earner 
households in the United States has risen significantly, more 
than doubling between 1960 and 2000 from 25% to 60% and 
remaining above 50% of U.S. households for the past two 
decades.\5\ Middle class households increasingly rely on two 
incomes for food, transportation, education, child care, and 
other expenditures.\6\ These same trends impact military 
households as well.\7\ Around 68% of unemployed military spouse 
respondents to the annual Military Family Lifestyle Survey 
conducted by Blue Star Families described their financial 
situation as causing them ``some stress'' or a ``great deal of 
stress,'' compared to 44% of employed spouses.\8\ According to 
a 2021 Military Family Advisory Network Survey, military and 
veteran family respondents stated that financial hardships due 
to spousal unemployment was a key driver in negatively 
affecting the health of military marriages.\9\ A dual income 
for military families can ease financial stress by allowing 
them to build a safety net and plan for longer term financial 
goals.\10\ Spouse employment is also correlated with spouses 
gaining a sense of purpose and other positive impacts to their 
overall wellbeing.\11\
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    \5\Jonathan Fisher and Nathaniel Johnson, The Two-Income Trap: Are 
Two-Earner Households More Financially Vulnerable?, Center for Economic 
Studies (June 2019) (www2.census.gov/ces/wp/2019/CES-WP-19-19.pdf); 
Comparing characteristics and selected expenditures of dual- and 
single-income households with children, U.S. Bureau of Labor Statistics 
(Sep. 2020) (www.bls.gov/opub/mlr/2020/article/comparing-
characteristics-and-selected-expenditures-of-dual-and-single-income-
households-with-children.htm).
    \6\Comparing characteristics and selected expenditures of dual- and 
single-income households with children, U.S. Bureau of Labor Statistics 
(Sep. 2020) (www.bls.gov/opub/mlr/2020/article/comparing-
characteristics-and-selected-expenditures-of-dual-and-single-income-
households-with-children.htm).
    \7\U.S. Chamber of Commerce Foundation, supra note 3, at 20.
    \8\Blue Star Families, supra note 2, at 15.
    \9\Military Family Advisory Network, Military Family Support 
Programming Survey: 2021 Results (July 14, 2022) (www.mfan.org/wp-
content/uploads/2022/07/MFAN-Programming-Survey-Results.pdf).
    \10\U.S. Chamber of Commerce Foundation, supra note 3, at 25.
    \11\Id. at 8.
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    According to annual Military Family Lifestyle Surveys, 
military spouse employment has ranked as the top issue for 
active duty spouses for the third year in a row.\12\ The issue 
of spouse employment has surpassed the ranking of other 
pressing issues, such as servicemember time away from family, 
children's education, relocation, and military pay.\13\ Spouse 
employment is also a top-five issue for active duty 
servicemembers, veteran spouses, and Reserve families.\14\
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    \12\Blue Star Families, 2021 Military Family Lifestyle Survey: 
Comprehensive Report (2022) (bluestarfam.org/wp-content/uploads/2022/
03/BSF_MFLS_Results2021_ComprehensiveReport_
3_22.pdf); Blue Star Families, 2020 Military Family Lifestyle Survey: 
Comprehensive Report (bluestarfam.org/wp-content/uploads/2021/10/
BSF_MFLS_CompReport_FULL.pdf); Blue Star Families, 2019 Military Family 
Lifestyle Survey: Comprehensive Report (bluestarfam.org/wp-content/
uploads/2020/03/BSF-2019-Survey-Comprehensive-Report-Digital-
rev200305.pdf).
    \13\Blue Star Families, supra note 2, at 3.
    \14\Id.
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    Military spouses are more likely to be unemployed compared 
to their civilian counterparts.\15\ According to a 2020 survey, 
nearly one-third of military spouse respondents in the labor 
force were unemployed, at a rate over three times higher than 
the national population at the time of the survey.\16\ 
Similarly, 31% of the unemployed military spouse respondents 
said they were experiencing long-term unemployment, meaning 
they had been unemployed for 27 weeks or longer, which was also 
a rate three times higher than that of the civilian 
population.\17\
---------------------------------------------------------------------------
    \15\RAND Corporation, Enhancing Family Stability During a Permanent 
Change of Station: A Review of Disruptions and Policies (2018) 
(www.rand.org/pubs/research_reports/RR2304.html).
    \16\U.S. Chamber of Commerce Foundation, supra note 3, at 7.
    \17\Id. at 29.
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    Even when military spouses find employment, they often 
experience underemployment or hold the job for a shorter tenure 
due to military-related reasons. In the 2020 survey of military 
spouses, over half of employed respondents reported they were 
underemployed.\18\ Types of underemployment include working in 
positions that do match the individual's educational 
background, skills, or training, or positions with fewer hours 
than desired or that do not provide a livable wage.\19\ In 
addition, the most recent annual Military Family Lifestyle 
Survey found that one-third of employed active duty spouse 
respondents indicated they would need to look for a job within 
the next 12 months due to a military relocation or permanent 
change-of-station (PCS).\20\
---------------------------------------------------------------------------
    \18\Id. at 17.
    \19\Id.
    \20\Blue Star Families, supra note 2, at 7.
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    Military-related barriers to spouse employment include the 
unpredictable schedule of the servicemember, access to 
affordable child care, and the frequency of relocations due to 
PCSmoves.\21\ According to Department of Defense data, over 80% 
of active duty spouses experience a PCS move during their partner's 
military career, and one-third have gone through a PCS move over the 
past 12 months.\22\ Research indicates that PCS moves can cause spousal 
unemployment, underemployment, loss of earnings, and delays in 
employment, particularly when the spouse needs to obtain a new 
credential at the new location.\23\ For around 35% of affected spouses, 
it takes seven or more months to find new employment after a PCS 
move.\24\
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    \21\Id. at 66.
    \22\Department of Defense, 2019 Survey of Active Duty Spouses: 
Infographic on Spouse Education and Employment (May 1, 2020) 
(www.opa.mil/research-analysis/spouse-family/military-spouse-survey-
survey-reports-briefings/2019-survey-of-active-duty-spouses-
infographics/2019-survey-of-active-duty-spouses-infographic-on-spouse-
education-and-employment/).
    \23\RAND Corporation, supra note 15, at ix.
    \24\Department of Defense, supra note 22.
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    Remote work opportunities can help military spouses avoid 
some of the negative impacts that military-related barriers to 
employment, such as PCS, have on their ability to find and stay 
at a job aligned with their qualifications. Among active duty 
spouse respondents to the Military Family Lifestyle Survey who 
identified spousal employment as a top issue, 44% noted that 
``remote work opportunities'' would best address their 
concerns.\25\ Since the start of the COVID 19 pandemic, rates 
of teleworking or remote working have significantly increased, 
even as offices started to reopen.\26\ Those who are opting to 
continue working from home increasingly do so out of preference 
rather than safety concerns, and there has also been a notable 
increase in remote working driven by the employee relocating to 
a different geographic area.\27\
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    \25\Blue Star Families, supra note 2, at 67.
    \26\Pew Research Center, COVID-19 Pandemic Continues to Reshape 
Work in America (Feb. 16, 2022) (www.pewresearch.org/social-trends/
2022/02/16/covid-19-pandemic-continues-to-reshape-work-in-america/).
    \27\Id.
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    The federal government has also seen a significant increase 
in the number of eligible employees teleworking compared to 
before the pandemic.\28\ The Office of Personnel Management 
(OPM) has been developing policy guidance, resources, technical 
support, and training to leverage the lessons learned during 
the pandemic, particularly related to hybrid work 
environments.\29\ In 2021, for the first time in ten years, OPM 
updated its guidance for agencies on implementing effective 
telework and remote work flexibility.\30\ Going forward, there 
is likely to be a higher number of remote work opportunities 
within federal agencies compared to before the pandemic, and 
military spouses may stand to benefit from such changes.
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    \28\Office of Personnel Management, Future of Work (www.opm.gov/
policy-data-oversight/future-of-work/) (accessed Aug. 12, 2022).
    \29\Id.
    \30\Office of Personnel Management, 2021 Guide to Telework and 
Remote Work in the Federal Government (Nov. 2021) (chcoc.gov/sites/
default/files/Telework-Guide-2021_0.pdf).
---------------------------------------------------------------------------
    Senator Lankford inquired about the potential benefits of 
federal remote work opportunities for military spouses seeking 
employment during a March 2022 hearing conducted by the Senate 
Committee on Homeland Security and Governmental Affairs' 
Subcommittee on Government Operations and Border Management, 
entitled ``Chief Human Capital Officers at 20: What is Needed 
to Empower CHCOs to Ensure HR Practices Support Agencies'' 
Mission Success.''\31\ Subcommittee Ranking Member Lankford 
asked the panel about the higher percentages of federal 
employees who are teleworking or remote working and about the 
access of military spouses and individuals in rural areas. Mr. 
Steve Lenkart, Executive Director of the National Federation of 
Federal Employees, replied that ``remote work opens up a world 
of possibilities'' and is ``absolutely the gold standard for a 
lot of our military spouses that keep moving around with their 
spouses.''
---------------------------------------------------------------------------
    \31\Senate Subcommittee on Government Operations and Border 
Management, Hearing on Chief Human Capital Officers at 20: What is 
Needed to Empower CHCOs to Ensure HR Practices Support Agencies' 
Mission Success, 117th Cong. (Mar. 2, 2022) (S. Hrg. 117-252).
---------------------------------------------------------------------------
    Congress and Presidents have previously enacted policies to 
help increase the number of employment opportunities available 
to military spouses. In 2008, President George W. Bush issued 
an Executive Order to provide federal agencies with the 
authority to appoint spouses who relocate due to a PCS into 
positions in the civil service without needing to fulfill a 
number of competitive hiring requirements usually required for 
such positions.\32\ The National Defense Authorization Act for 
Fiscal Year 2013 codified the authorization initiated by the 
Bush Executive Order by establishing a new section 3330d of 
title 5, United States Code, regarding the noncompetitive 
appointment of military spouses.\33\ The National Defense 
Authorization Act for Fiscal Year 2017 and the National Defense 
Authorization Act for Fiscal Year 2019 further amended section 
3330d, including to temporarily expand the noncompetitive 
hiring authority to all military spouses.\34\
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    \32\Exec. Order No. 13473, 73 Fed. Reg. 56703 (Sep. 25, 2008).
    \33\National Defense Authorization Act for Fiscal Year 2013, Pub. 
L. 112-239, Sec. 566(a) (2013).
    \34\National Defense Authorization Act for Fiscal Year 2017, Pub. 
L. 114-328, Sec. 1131 (2016); John S. McCain National Defense 
Authorization Act for Fiscal Year 2019, Pub. L. 115-232, Sec. 573 
(2018).
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    The Military Spouse Employment Act would further amend 
section 3330d to clarify the applicability of remote work to 
federal agencies' noncompetitive hiring authority for military 
spouses. The bill adds a definition of ``remote work'' and adds 
this term to the subsection describing the hiring authority. 
The bill aims to increase the number of remote work 
opportunities in the federal government for military spouses, 
which would enable spouses to continue their careers in the 
civil service even as they experience PCS relocations.

                        III. Legislative History

    Senator James Lankford (R-OK) introduced S. 4337, the 
Military Spouse Employment Act, on May 26, 2022, with original 
cosponsors Senator Angus King (I-ME), Senator James Inhofe (R-
OK), and Senator Kyrsten Sinema (D-AZ). The bill was referred 
to the Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 4337 at a business meeting on 
August 3, 2022. At the business meeting, Senators Lankford and 
Sinema offered a substitute amendment to the bill to make 
technical edits to the definition of ``remote work'' and add a 
reference to an existing definition of ``telework'' in title 5. 
The Lankford-Sinema substitute amendment was adopted by voice 
vote en bloc. The bill, as amended by the Lankford-Sinema 
substitute amendment, was ordered reported favorably by voice 
vote en bloc with Senators Peters, Hassan, Sinema, Rosen, 
Padilla, Ossoff, Lankford, Romney, Scott, and Hawley present.

        IV. Section-By-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Military Spouse Employment Act.''

Sec. 2. Appointment of military spouses

    This section amends section 3330d of title 5, United States 
Code, to add definitions of ``remote work'' and ``telework'' 
for the purposes of this section. The bill also adds language 
to the subsection describing the authority of the heads of 
federal agencies to appoint military spouses to positions 
noncompetitively. The language specifies that the authority 
includes appointments to positions in which military spouses 
engage in remote work.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 25, 2022.
Hon. Gary Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 4337, the Military 
Spouse Employment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dawn Sauter 
Regan.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    S. 4337 would authorize federal agencies to hire military 
spouses for remote work without going through a competitive 
process. CBO estimates that enacting the bill would not 
significantly affect the federal budget.
    Under current law, spouses of members of the U.S. Armed 
Forces on active duty and spouses of disabled or deceased 
members of the armed forces receive hiring preferences for jobs 
with the federal government. S. 4337 would expand the 
application of those preferences to remote work positions. That 
change would not affect the total number of people the federal 
government would employ or their compensation. However, 
implementing the bill could cause agencies to modify 
administrative processes. CBO estimates that the costs to 
implement those changes would be insignificant.
    Enacting the bill also could affect direct spending by some 
agencies that are allowed to use fees, receipts from the sale 
of goods, and other collections to cover operating costs. CBO 
estimates that any net changes in direct spending by those 
agencies would be negligible because most of them can adjust 
amounts collected to reflect changes in operating costs.
    The CBO staff contact for this estimate is Dawn Sauter 
Regan. The estimate was reviewed by Leo Lex, Deputy Director of 
Budget Analysis.

       VII. Changes in Existing Law Made by the Bill, as Reported


UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

           *       *       *       *       *       *       *


PART III--EMPLOYEES

           *       *       *       *       *       *       *


Subpart B--Employment and Retention

           *       *       *       *       *       *       *


CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT

           *       *       *       *       *       *       *



Subchapter I--Examination, Certification, and Appointment

           *       *       *       *       *       *       *



SEC. 3330D. APPOINTMENT OF MILITARY SPOUSES.

    (a) Definitions.--In this section:
          (1) * * *
          (2) * * *
          (3) The term ``remote work'' refers to a particular 
        type of telework under which an employee is not 
        expected to report to an officially established agency 
        location on a regular and recurring basis.
          [(3)](4) The term ``spouse of a disabled or deceased 
        member of the Armed Forces'' means an individual--
                  (A) who is married to a member of the Armed 
                Forces who--
                          (i) is retired, released, or 
                        discharged from the Armed Forces; and
                          (ii) on the date on which the member 
                        retires, is released, or is discharged, 
                        has a disability rating of 100 percent 
                        under the standard schedule of rating 
                        disabilities in use by the Department 
                        of Veterans Affairs; or
                  (B) who--
                          (i) was married to a member of the 
                        Armed Forces on the date on which the 
                        member dies while on active duty in the 
                        Armed Forces; and
                          (ii) has not remarried.
                  (5) The term ``telework'' has the meaning 
                given the term in section 6501.
    (b) Appointment Authority.--The head of an agency may 
appoint noncompetitively--
          (1) a spouse of a member of the Armed Forces on 
        active duty; [or]
          (2) a spouse of a disabled or deceased member of the 
        Armed Forces[.]; or
          (3) a spouse of a member of the Armed Forces on 
        active duty, or a spouse of a disabled or deceased 
        member of the Armed Forces, to a position in which the 
        spouse will engage in remote work.

           *       *       *       *       *       *       *


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