How the Senate NDAA Would Aid License Portability for Military Spouses

How the Senate NDAA Would Aid License Portability for Military Spouses
Military spouses at Dover Air Force Base, Del., interact with local employers during a hiring event. (Photo by Staff Sgt. Aaron J. Jenne/Air Force)

The Senate version of the FY 2025 National Defense Authorization Act (NDAA) includes a critical provision aimed at supporting military families, addressing the challenges faced by military spouses in licensed or credentialed professions when they relocate across state lines.

 

This MOAA-supported provision would clarify previous changes to the Servicemembers Civil Relief Act (SCRA) that were designed to ease these burdens, but fell short in execution by failing to require the issuance of a license in the new state.

 

Companies are reluctant to hire someone without an in-state license. The provision would require states to consider an out-of-state license valid if the spouse submits a proper application, and it would mandate states issue “a license of similar scope” no more than 30 days after receiving that application, among other fixes.

 

[RELATED: What the House NDAA Would Mean for Military Families]

 

Why is this update so important? With our uniformed services digging out of a recruiting crisis, addressing military spouse unemployment has the attention of Congress and DoD leaders. The notion that “we recruit the servicemember and retain the family” must be more than just a talking point. MOAA appreciates the resources and funding invested in addressing spouse employment, but the decade-plus 20% unemployment rate requires additional policy solutions.

 

This PCS season, military families will face many challenges. Getting a new “home” state to accept a professional license should not be one of them.

 

The Challenge

A provision in the Veterans Auto and Education Improvement Act of 2022 amended the SCRA requiring states to recognize spouses’ valid professional licenses from other states for any job except for law licenses when executing a military-mandated move.

 

While well-intentioned, this language added to the SCRA mostly added confusion … for military spouses and for states. It did not mandate that the new state issue a license to the military spouse, for example, resulting in inconsistencies and confusion.

 

[RELATED: Meaningful Change to Spouse Employment Will Require Real Commitment]

 

This federal mandate on states also overlooked the many ways states have developed and implemented policies to address license-related barriers military families face during a PCS move. Forty-nine states provide either expedited licensure, temporary licensure, or endorsement for military spouses, for example, and 44 have passed bills stating that a licensing body “shall issue” an employment credential to a military spouse licensed in another state.

 

The unclear language in the SCRA has resulted in at least one court case and much confusion. Without a clear requirement for states to provide a license, military spouses in regulated professions — such as nursing, teaching, and counseling — face difficulties in obtaining employment. This undermined the SCRA's goal of reducing the burdens on military families, leading to financial strain and professional setbacks for spouses who sacrifice their own careers to support their servicemember.

 

MOAA’s Advocacy and Interstate Compacts

MOAA has been a staunch advocate for resolving licensing issues for military spouses. The Defense-State Liaison Office, in collaboration with the Council of State Governments, has worked with national state licensing boards to develop 14 interstate compacts, which are designed to standardize the recognition of professional licenses across state lines. This ensures military spouses can continue their careers without unnecessary delays or barriers.

 

Interstate compacts represent a practical solution, providing a streamlined process for license recognition that benefits both military families and states. By adopting these compacts, states can offer immediate relief to military spouses, facilitating their integration into the local workforce and contributing to the overall economic health of their communities.

 

[FREE DOWNLOAD: Military Spouse Employment Guide] 

 

States have enacted more than 270 separate pieces of occupational licensure legislation since 2016. While the change to the SCRA recognizes the precedence of interstate compacts, language indicating the overall precedence of state policies related to military spouse licensing over federal reciprocity should be included in updates to the SCRA.

 

The Way Forward

The path to resolving these challenges lies in securing the necessary language in the final version of the FY 2025 NDAA during the conference process. This requires concerted efforts from all stakeholders, including military advocacy groups, policymakers, and committee professional staff. Key actions include:

  • Meeting with HASC Professional Staff: Engaging with the House Armed Services Committee (HASC) professional staff to underscore the importance of this provision and the need for explicit language requiring states to issue licenses to military spouses.

  • Socializing the Language with Member Offices: Raising awareness and building support among members of Congress to ensure they understand the provision’s impact on military families and the broader benefits of interstate compacts.

 

By addressing these critical gaps in the SCRA and leveraging the support of organizations like MOAA, we can alleviate professional challenges faced by military spouses. Ensuring the inclusion of clear, enforceable language in the final NDAA will be a crucial step forward in honoring the sacrifices of military families and supporting their well-being.

 

Add your voice by calling 866-272-MOAA (6622), a toll-free line to the U.S. Capitol switchboard, and urging your House member to support improvements to SCRA.

 

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About the Author

Jen Goodale
Jen Goodale

Goodale is MOAA's Director of Government Relations for Military Family and Survivor Policy.