I 

115TH CONGRESS 

2D SESSION H. R. 5125 

To improve and expand authorities, programs, services, and benefits for 

military spouses and military families, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2018 

Mr. MCEACHIN (for himself and Ms. STEFANIK) introduced the following bill; 

which was referred to the Committee on Armed Services, and in addition 

to the Committee on Oversight and Government Reform, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To improve and expand authorities, programs, services, and 

benefits for military spouses and military families, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Spouse Em5 ployment Act of 2018’’. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•HR 5125 IH

1 SEC. 2. EXPANSION OF AUTHORITY FOR NONCOMPETITIVE 

2 APPOINTMENTS OF MILITARY SPOUSES BY 

3 FEDERAL AGENCIES. 

4 (a) EXPANSION TO INCLUDE ALL SPOUSES OF MEM5 BERS OF THE ARMED FORCES ON ACTIVE DUTY.—Sec6 tion 3330d of title 5, United States Code, is amended— 

7 (1) in subsection (a)— 

8 (A) by striking paragraphs (3), (4), and 

9 (5); and 

10 (B) by redesignating paragraph (6) as 

11 paragraph (3); 

12 (2) by striking subsections (b) and (c) and in13 serting the following new subsection (b): 

14 ‘‘(b) APPOINTMENT AUTHORITY.—The head of an 

15 agency may appoint noncompetitively— 

16 ‘‘(1) a spouse of a member of the Armed Forces 

17 on active duty; or 

18 ‘‘(2) a spouse of a disabled or deceased member 

19 of the Armed Forces.’’; 

20 (3) by redesignating subsection (d) as sub21 section (c); and 

22 (4) in subsection (c), as so redesignated, by 

23 striking ‘‘subsection (a)(6)’’ in paragraph (1) and 

24 inserting ‘‘subsection (a)(3)’’. 

25 (b) HEADING AMENDMENT.—The heading of such 

26 section is amended to read as follows: 


sradovich on DSK3GMQ082PROD with BILLS
3 

•HR 5125 IH

1 ‘‘§ 3330d. Appointment of military spouses’’. 

2 (c) CLERICAL AMENDMENT.—The table of sections 

3 at the beginning of chapter 33 of such title is amended 

4 by striking the item relating to section 3330d and insert5 ing the following new item: 

‘‘3330d. Appointment of military spouses.’’. 

6 SEC. 3. REPORT ON MECHANISMS TO INCREASE PARTICI7 PATION IN DEPARTMENT OF DEFENSE CON8 TRACTS OF FIRMS WITH PROGRAMS TO EM9 PLOY MILITARY SPOUSES. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary of Defense shall submit 

12 to Congress a report that sets forth various mechanisms 

13 to be used by the Department of Defense to increase the 

14 participation in Department contracts of businesses that 

15 implement and maintain programs to employ military 

16 spouses. For each mechanism set forth, the report shall 

17 include a recommendation for the legislative or adminis18 trative action necessary to implement such mechanism. 

19 SEC. 4. IMPROVEMENT OF EDUCATION AND CAREER OP20 PORTUNITIES PROGRAMS FOR MILITARY 

21 SPOUSES. 

22 (a) OUTREACH ON AVAILABILITY OF MYCAA PRO23 GRAM.— 

24 (1) IN GENERAL.—The Secretary of Defense 

25 shall take appropriate actions to ensure that military 


sradovich on DSK3GMQ082PROD with BILLS
4 

•HR 5125 IH

1 spouses who are eligible for participation in the My 

2 Career Advancement Account (MyCAA) program of 

3 the Department of Defense are, to extent prac4 ticable, made aware of the program and their eligi5 bility for the program. 

6 (2) DIGITAL ADVERTISEMENT.—The actions 

7 taken by the Secretary pursuant to paragraph (1) 

8 shall include a state-of-the-art digital advertising 

9 campaign on the My Career Advancement Account 

10 program designed to target military spouses. 

11 (3) DOD REPORT.—Not later than 180 days 

12 after the date of the enactment of this Act, the Sec13 retary shall submit to Congress a report setting 

14 forth the following: 

15 (A) An assessment of the extent to which 

16 military spouses who are eligible for the My Ca17 reer Advancement Account program are aware 

18 of the program and their eligibility for the pro19 gram. 

20 (B) A description of the levels of participa21 tion in the My Career Advancement Account 

22 program among military spouses who are eligi23 ble to participate in the program. 

24 (4) COMPTROLLER GENERAL REPORT.—Not 

25 later than 180 days after the submittal of the report 


sradovich on DSK3GMQ082PROD with BILLS
5 

•HR 5125 IH

1 required by paragraph (3), the Comptroller General 

2 of the United States shall submit to Congress a re3 port setting forth the following: 

4 (A) An assessment of the report under 

5 paragraph (3). 

6 (B) Such recommendations as the Comp7 troller General considers appropriate regarding 

8 the following: 

9 (i) Mechanisms to increase awareness 

10 of the My Career Advancement Account 

11 program among military spouses who are 

12 eligible to participate in the program. 

13 (ii) Mechanisms to increase participa14 tion in the My Career Advancement Ac15 count program among military spouses 

16 who are eligible to participate in the pro17 gram. 

18 (b) TRAINING FOR INSTALLATION CAREER COUN19 SELORS ON MYCAA PROGRAM.—The Secretaries of the 

20 military departments shall take appropriate actions to en21 sure that career counselors at military installations receive 

22 appropriate training and current information on eligibility 

23 for and use of benefits under the My Career Advancement 

24 Account program, including financial assistance to cover 

25 costs associated with professional recertification, portVerDate Sep 11 2014 20:55 Mar 05, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5125.IH H5125

sradovich on DSK3GMQ082PROD with BILLS
6 

•HR 5125 IH

1 ability of occupational licenses, professional credential 

2 exams, and other mechanisms in connection with the port3 ability of professional licenses. 

4 (c) REPORT ON EXPANSION OF SECO PROGRAM.— 

5 The Secretary of Defense shall submit to Congress a re6 port setting forth a proposal for the expansion of special7 ized coaching modules within the Spouse Education and 

8 Career Opportunities (SECO) Program of the Department 

9 of Defense. 

10 SEC. 5. MILITARY FAMILY CHILDCARE MATTERS. 

11 (a) ASSESSMENT OF USE OF SUBSIDIZED, OFF-IN12 STALLATION CHILDCARE SERVICES.—Subsection (a) of 

13 section 575 of the National Defense Authorization Act for 

14 Fiscal Year 2018 (Public Law 115–91) is amended by 

15 adding at the end the following new paragraph: 

16 ‘‘(5) Modifying the rate of use of subsidized, 

17 off-installation childcare services by military families 

18 in light of the full implementation of MilitaryChild19 Care.com, including whether the availability of off20 installation childcare services for military families 

21 could be increased by altering policies of the Armed 

22 Forces on capping the amount of subsidies for mili23 tary families for such services based on the cost of 

24 living for families and the average cost of civilian 

25 childcare services.’’. 


sradovich on DSK3GMQ082PROD with BILLS
7 

•HR 5125 IH

1 (b) PROVISIONAL OR INTERIM CLEARANCES TO PRO2 VIDE CHILDCARE SERVICES.— 

3 (1) IN GENERAL.—The Secretary of Defense 

4 shall implement a policy to permit the issuance of 

5 clearances on a provisional or interim basis for the 

6 provision of childcare services at military childcare 

7 centers. 

8 (2) ELEMENTS.—The policy required by this 

9 subsection shall provide for the following: 

10 (A) Any clearance issued under the policy 

11 shall be temporary and contingent upon the sat12 isfaction of such requirements for the issuance 

13 of a clearance on a permanent basis as the Sec14 retary considers appropriate. 

15 (B) Any individual issued a clearance on a 

16 provisional or interim basis under the policy 

17 shall be subject to such supervision in the provi18 sion of childcare services using such clearance 

19 as the Secretary considers appropriate. 

20 (3) CLEARANCE DEFINED.—In this subsection, 

21 the term ‘‘clearance’’, with respect to an individual 

22 and the provision of childcare services, means the 

23 formal approval of the individual, after appropriate 

24 vetting and other review, to provide childcare servVerDate Sep 11 2014 20:55 Mar 05, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5125.IH H5125

sradovich on DSK3GMQ082PROD with BILLS
8 

•HR 5125 IH

1 ices to children at a military childcare center of the 

2 Department of Defense. 

3 SEC. 6. EXPANSION OF PERIOD OF AVAILABILITY OF MILI4 TARY ONESOURCE PROGRAM FOR RETIRED 

5 AND DISCHARGED MEMBERS OF THE ARMED 

6 FORCES AND THEIR IMMEDIATE FAMILIES. 

7 (a) IN GENERAL.—Under regulations prescribed by 

8 the Secretary of Defense, the period of eligibility for the 

9 Military OneSource program of the Department of De10 fense of an eligible individual retired, discharged, or other11 wise released from the Armed Forces, and for the eligible 

12 immediate family members of such an individual, shall be 

13 the one-year period beginning on the date the retirement, 

14 discharge, or release, as applicable, of such individual. 

15 (b) OUTREACH.—The Secretary shall undertake a 

16 marketing and advertising campaign designed to inform 

17 military families and families of veterans of the Armed 

18 Forces of the wide range of benefits available through the 

19 Military OneSource program. The campaign shall include 

20 well-researched and targeted marketing and advertising 

21 collateral issued at the following: 

22 (1) Offices at military installations that issue 

23 identification cards. 


sradovich on DSK3GMQ082PROD with BILLS
9 

•HR 5125 IH

1 (2) Locations at which activities under the 

2 Transition Assistance Program (TAP) are being car3 ried out. 

4 SEC. 7. TRANSITION ASSISTANCE FOR MILITARY SPOUSES. 

5 (a) TRANSITION ASSISTANCE.— 

6 (1) IN GENERAL.—Subchapter I of chapter 88 

7 of title 10, United States Code, is amended by in8 serting after section 1784a the following new sec9 tion: 

10 ‘‘§ 1784b. Employment assistance, job training assist11 ance, and other transitional assistance 

12 for military spouses: Department of 

13 Labor 

14 ‘‘(a) IN GENERAL.—In carrying out the program of 

15 assistance and services required by section 1144 of this 

16 title, the Secretary of Labor, in conjunction with the Sec17 retary of Defense, the Secretary of Homeland Security, 

18 and the Secretary of Veterans Affairs, shall also maintain 

19 a program of counseling, assistance, help, and related in20 formation and services for spouses of members of the 

21 armed forces covered by that section in order to assist 

22 such spouses during the transition of such members to ci23 vilian life. 


sradovich on DSK3GMQ082PROD with BILLS
10 

•HR 5125 IH

1 ‘‘(b) ELEMENTS.—The counseling, assistance, help, 

2 and information and services available under the program 

3 under this section shall be the following: 

4 ‘‘(1) Such counseling, assistance, help, and in5 formation and services as are available to members 

6 under section 1144 of this title and are suitable to 

7 assist spouses during the transition of members as 

8 described in subsection (a). 

9 ‘‘(2) Such other counseling, assistance, help, 

10 and information and services to assist spouses dur11 ing such transition as the Secretaries consider ap12 propriate for purposes of the program. 

13 ‘‘(c) PARTICIPATION.—A spouse is eligible to partici14 pate in the program under this section during any period 

15 in which the spouse’s member is eligible to participate in 

16 the program of assistance and services required by section 

17 1144 of this title. 

18 ‘‘(d) USE OF PERSONNEL AND ORGANIZATIONS.—In 

19 carrying out the program under this section, the Secre20 taries may use any of the authorities, personnel, organiza21 tions, and other resources available for the program of as22 sistance and services required by section 1144 of this title 

23 that the Secretaries consider appropriate for the effective 

24 operation of the program under this section.’’. 


sradovich on DSK3GMQ082PROD with BILLS
11 

•HR 5125 IH

1 (2) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of subchapter I of chapter 88 

3 of such title is amended by inserting after the item 

4 relating to section 1784a the following new item: 

‘‘1784b. Employment assistance, job training assistance, and other transitional 

assistance for military spouses: Department of Labor.’’. 

5 (3) EFFECTIVE DATE AND COMMENCEMENT OF

6 PROGRAM.—The amendments made by this sub7 section shall take effect on the date of the enactment 

8 of this Act. The Secretary of Labor shall commence 

9 the program required by section 1784b of title 10, 

10 United States Code (as added by such amendments), 

11 by such date, not later than one year after the date 

12 of the enactment of this Act, as the Secretary con13 siders practicable. 

14 (b) PARTICIPATION OF SPOUSES IN TAP FOR MEM15 BERS.—Section 1144 of title 10, United States Code, is 

16 amended— 

17 (1) in subsection (a)(1), by striking ‘‘and the 

18 spouses of such members’’; 

19 (2) in subsection (c), by inserting ‘‘OF MEM20 BERS’’ after ‘‘PARTICIPATION’’; 

21 (3) by redesignating subsections (d) and (e) as 

22 subsections (e) and (f), respectively; and 

23 (4) by inserting after subsection (c) the fol24 lowing new subsection (d): 


sradovich on DSK3GMQ082PROD with BILLS
12 

•HR 5125 IH

1 ‘‘(d) PARTICIPATION OF SPOUSES.—The Secretaries 

2 shall permit the spouses of members participating in the 

3 program carried out under this section to participate in 

4 the receipt by such members of assistance and services 

5 provided under the program to the extent that the partici6 pation of such spouses in receipt of such assistance and 

7 services will assist such members and spouses in maxi8 mizing the benefits of the program carried out under this 

9 section.’’. 

10 SEC. 8. PUBLIC-PRIVATE PARTNERSHIPS ON HEALTH, 

11 SAFETY, WELFARE, AND MORALE OF MILI12 TARY FAMILIES. 

13 (a) PLAN FOR INITIATIVE REQUIRED.—The Sec14 retary of Defense shall, acting through the Office of Com15 munity Relations of the Department of Defense, submit 

16 to Congress a report setting forth a proposal for one or 

17 more initiatives between the military departments and ap18 propriate non-Federal entities for public-private partner19 ships designed to support and enhance the health, safety, 

20 welfare, and morale of military families. The initiatives 

21 shall be designed to provide the military departments flexi22 bility in the commitment of resources to the partnerships 

23 according to the unique requirements of the military de24 partments and the Armed Forces. 


sradovich on DSK3GMQ082PROD with BILLS
13 

•HR 5125 IH

1 (b) INITIATIVE ELEMENTS.—In identifying appro2 priate elements for the initiatives described in subsection 

3 (a), the Secretary shall take into account the results of 

4 the following: 

5 (1) Two current studies by the Office of the 

6 Secretary of Defense on the health, safety, welfare, 

7 and morale of military families. 

8 (2) The public-private partnership initiative of 

9 the Department of Veterans Affairs on the health, 

10 safety, welfare, and morale of families of veterans. 

11 SEC. 9. SMALL BUSINESS ACTIVITIES OF MILITARY 

12 SPOUSES ON MILITARY INSTALLATIONS. 

13 (a) ASSESSMENT OF SMALL BUSINESS ACTIVITY.— 

14 The Secretary of Defense shall submit to Congress a re15 port setting forth an assessment of the feasibility and ad16 visability of encouraging entrepreneurship among military 

17 spouses by permitting military spouses to engage in small 

18 business activities on military installations and in partner19 ship with commissaries, exchange stores, and other mo20 rale, welfare, and recreation facilities of the Armed 

21 Forces. 

22 (b) ELEMENTS.—The assessment shall— 

23 (1) take into account the usage by military 

24 spouses of installation facilities, utilities, and other 

25 resources in the conduct of small business activities 


sradovich on DSK3GMQ082PROD with BILLS
14 

•HR 5125 IH

1 on military installations and such other matters in 

2 connection with the conduct of such business activi3 ties by military spouses as the Secretary considers 

4 appropriate; and 

5 (2) seek to identify mechanisms to ensure that 

6 costs and fees associated with the usage by military 

7 spouses of such facilities, utilities, and other re8 sources in connection with such business activities 

9 does not meaningfully curtail or eliminate the oppor10 tunity for military spouses to profit reasonably from 

11 such business activities. 

12 SEC. 10. REPORT ON ASSESSMENT OF FREQUENCY OF PER13 MANENT CHANGES OF STATION OF MEMBERS 

14 OF THE ARMED FORCES ON EMPLOYMENT 

15 AMONG MILITARY SPOUSES. 

16 (a) IN GENERAL.—The Secretary of Defense shall 

17 submit to Congress a report setting forth an assessment 

18 of the effects of the frequency of permanent changes of 

19 station (PCS) of members of the Armed Forces on sta20 bility of employment among military spouses. 

21 (b) ELEMENTS.—The report under subsection (a) 

22 shall include the following: 

23 (1) An assessment of the effects of the fre24 quency of permanent changes of station of members 

25 of the Armed Forces on stability of employment 


sradovich on DSK3GMQ082PROD with BILLS
15 

•HR 5125 IH

1 among military spouses, including the contribution 

2 of frequent permanent changes of station to unem3 ployment or underemployment among military 

4 spouses. 

5 (2) An assessment of the effects of unemploy6 ment and underemployment among military spouses 

7 on force readiness. 

8 (3) Such recommendations as the Secretary 

9 considers appropriate regarding legislative or admin10 istration action to achieve force readiness and sta11 bilization through the minimization of the impacts of 

12 frequent permanent changes on stability of employ13 ment among military spouses. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS