Military Personnel
DOD Needs Data to Determine if Active Duty Service Has an Impact on the Ability of Guard and Reservists to Maintain Their Civilian Professional Licenses or Certificates Gao ID: GAO-08-790R May 27, 2008Since 2001, the Department of Defense (DOD) has relied on more than 600,000 members of the National Guard and Reserve components to support various operations abroad and at home. In particular, from September 2001 to July 2007, the department deployed more than 434,000 reservists to support operations in DOD's Central Command area of responsibility that includes Afghanistan and Iraq. Furthermore, DOD has modified its mobilization policy, which had previously limited the cumulative amount of time that reservists could be involuntarily called to active duty for the Global War on Terrorism. Under DOD's new policy, which went into effect in January 2007, involuntary mobilizations for reserve component service members are generally limited to no more than 12 months, and there are no cumulative limits on these involuntary mobilizations. While on active duty, reservists may be unable to take the required professional development courses or periodic tests needed to retain their professional currency in fields such as accounting or software engineering. The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects rights of qualifying National Guard members, reservists, and certain other members of the uniformed services returning to their civilian employment after being absent due to military service. The act, however, does not explicitly address issues related to licenses and certifications. In the National Defense Authorization Act for Fiscal Year 2008, Congress mandated that we examine the number and type of professional or other licensure or certification requirements that may be adversely affected by extended periods of active duty, and identify options that would help provide relief. Specifically for this report, our objectives were to examine (1) DOD's efforts to identify the extent to which active duty service has had an impact on the ability of reservists to maintain professional licenses or certifications in their civilian careers, and (2) current relief options for addressing these issues if needed.
The degree to which reservists serving on active duty have had difficulty maintaining professional licenses or certifications in their civilian careers is unclear, because neither DOD's Office of the Assistant Secretary of Defense for Reserve Affairs nor the reserve components collect the necessary data to track and monitor the issue. While all members of the Ready Reserve are required to provide their civilian employment information upon joining the reserves and to review and update that information each year, the required information includes employment status, the employer's name, the employer's mailing address, the civilian's job title, and the total number of years in the current occupation, but does not include information on the impact active duty service potentially has on maintaining licenses and certifications. Officials at DMDC, which administers DOD's departmentwide Status of Forces Survey, confirmed that surveys of reservists conducted to date have not inquired about the impact of active duty service on a reservist's ability to maintain civilian professional licenses and certifications. Without any initial information on the scope of the issue, DOD is unable to identify the extent, if any, of the impact of active duty on the ability of reservists to maintain professional licenses or certifications in their civilian careers. DOD's Office of the Assistant Secretary of Defense for Reserve Affairs has not established relief policies and practices specifically designed to assist reservists in maintaining their civilian credentials. However, relief mechanisms do exist that may be applicable or serve as a model if DOD determines that a need exists to address the issue of expired professional licenses and certification. Some states, for example, have enacted provisions to provide relief to reservists in certain circumstances. In addition, different entities within DOD have developed programs and initiatives to assist servicemembers in obtaining licenses and certification. Further, the Office of the Under Secretary of Defense for Personnel and Readiness administers a program for military spouses who have experienced similar challenges maintaining civilian professional licenses and certifications because of their partner's active duty obligations. Although the focus of that program is on providing assistance to military spouses to acquire new licenses and certifications, military spouses who need to renew their credentials upon relocating, such as nurses, are also eligible. DOD reviewed a draft of this report but did not provide formal agency comments. DOD did provide technical comments and we made changes to the report where appropriate.
GAO-08-790R, Military Personnel: DOD Needs Data to Determine if Active Duty Service Has an Impact on the Ability of Guard and Reservists to Maintain Their Civilian Professional Licenses or Certificates
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GAO-08-790R:
United States Government Accountability Office:
Washington, DC 20548:
May 27, 2008:
Congressional Committees:
Subject: Military Personnel: DOD Needs Data to Determine if Active Duty
Service Has an Impact on the Ability of Guard and Reservists to
Maintain Their Civilian Professional Licenses or Certificates:
Since 2001, the Department of Defense (DOD) has relied on more than
600,000 members of the National Guard and Reserve components [Footnote
1] to support various operations abroad and at home. In particular,
from September 2001 to July 2007, the department deployed more than
434,000 reservists to support operations in DOD's Central Command area
of responsibility that includes Afghanistan and Iraq. Furthermore, DOD
has modified its mobilization policy, which had previously limited the
cumulative amount of time that reservists could be involuntarily called
to active duty for the Global War on Terrorism. Under DOD's new policy,
which went into effect in January 2007, involuntary mobilizations for
reserve component service members are generally limited to no more than
12 months, and there are no cumulative limits on these involuntary
mobilizations.
While on active duty, reservists may be unable to take the required
professional development courses or periodic tests needed to retain
their professional currency in fields such as accounting or software
engineering. The Uniformed Services Employment and Reemployment Rights
Act (USERRA) [Footnote 2] protects rights of qualifying National Guard
members, reservists, and certain other members of the uniformed
services returning to their civilian employment after being absent due
to military service. The act, however, does not explicitly address
issues related to licenses and certifications.
In the National Defense Authorization Act for Fiscal Year 2008,
[Footnote 3] Congress mandated that we examine the number and type of
professional or other licensure or certification requirements that may
be adversely affected by extended periods of active duty, and identify
options that would help provide relief. Specifically for this report,
our objectives were to examine (1) DOD's efforts to identify the extent
to which active duty service has had an impact on the ability of
reservists to maintain professional licenses or certifications in their
civilian careers, and (2) current relief options for addressing these
issues if needed. [Footnote 4]
For our first objective, we examined relevant policies and procedures
governing the collection of reserve component demographic information
and determined what, if any, data DOD collects on a routine basis. We
also interviewed officials in the Office of the Secretary of Defense,
the U.S. Air Force Reserve and Air National Guard, U.S. Army Reserve
and Army National Guard, U.S. Marine Corps Reserve, U.S. Navy Reserve,
National Guard Bureau, and Defense Manpower Data Center (DMDC)
responsible for collecting reserve component demographic data,
conducting surveys of personnel attitudes and concerns, and
administering pre-and postmobilization processing. For our second
objective, we met with and obtained documentation from the National
Governors Association regarding state initiatives to provide relief to
reservists experiencing challenges with maintaining state professional
licenses and certifications subsequent to active duty. We also obtained
information from the association about its 2007 survey instrument of
state programs and services available to members of the National Guard,
reserve, active forces, and their families, as well as its
collaboration with DOD on the issue. In addition, we interviewed
officials in the Office of the Secretary of Defense about any existing
programs that are designed to provide similar relief to servicemembers.
We conducted this performance audit from March 2008 through May 2008 in
accordance with generally accepted government auditing standards. Those
standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit. We believe that the
evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.
Summary:
The degree to which reservists serving on active duty have had
difficulty maintaining professional licenses or certifications in their
civilian careers is unclear, because neither DOD's Office of the
Assistant Secretary of Defense for Reserve Affairs nor the reserve
components collect the necessary data to track and monitor the issue.
While all members of the Ready Reserve are required to provide their
civilian employment information upon joining the reserves and to review
and update that information each year, the required information
includes employment status, the employer's name, the employer's mailing
address, the civilian's job title, and the total number of years in the
current occupation, but does not include information on the impact
active duty service potentially has on maintaining licenses and
certifications. Officials at DMDC, which administers DOD's
departmentwide Status of Forces Survey, confirmed that surveys of
reservists conducted to date have not inquired about the impact of
active duty service on a reservist's ability to maintain civilian
professional licenses and certifications. Without any initial
information on the scope of the issue, DOD is unable to identify the
extent, if any, of the impact of active duty on the ability of
reservists to maintain professional licenses or certifications in their
civilian careers.
DOD's Office of the Assistant Secretary of Defense for Reserve Affairs
has not established relief policies and practices specifically designed
to assist reservists in maintaining their civilian credentials.
However, relief mechanisms do exist that may be applicable or serve as
a model if DOD determines that a need exists to address the issue of
expired professional licenses and certification. Some states, for
example, have enacted provisions to provide relief to reservists in
certain circumstances. In addition, different entities within DOD have
developed programs and initiatives to assist servicemembers in
obtaining licenses and certification. Further, the Office of the Under
Secretary of Defense for Personnel and Readiness administers a program
for military spouses who have experienced similar challenges
maintaining civilian professional licenses and certifications because
of their partner's active duty obligations. Although the focus of that
program is on providing assistance to military spouses to acquire new
licenses and certifications, military spouses who need to renew their
credentials upon relocating, such as nurses, are also eligible.
DOD reviewed a draft of this report but did not provide formal agency
comments. DOD did provide technical comments and we made changes to the
report where appropriate.
Background:
Occupational credentialing is an official recognition of a process by
which an individual meets a set of defined standards, generally through
education, training, experience, and testing. Two primary types of
occupational credentialing are licensure and certification.
1) Licensure: Licenses are granted primarily by state - but also
federal and local - government agencies to individuals to regulate the
practice of a specific occupation or profession, such as a physician, a
cosmetologist, or an air traffic control tower operator. Federal,
state, or local laws and/or regulations define the standards that
individuals must meet to become licensed. Licenses are typically
required and issued by a government entity, i.e., individuals are not
authorized to practice an occupation in a location without first
obtaining the required license.
2) Certification: Occupational certification can be broadly grouped
into two areas: (1) certifications granted by organizations or
professional associations, and (2) vendor or product-related
certifications. Each certifying organization sets its own standards for
certification. Certification requirements generally include one or more
of the following: education, training, work experience, and
examination. Certification is not usually required by law to practice
an occupation except in cases where a licensing body or board for a
particular occupation in a state includes certification as part of the
licensing requirements.
Having complete civilian employer information has been important to
DOD's reserve components because the data support outreach to employers
and enhance the department's ability to make informed decisions
concerning which reservists should be called for active duty to
minimize the impact that mobilizations might have on areas with small
populations or occupations such as law enforcement, and to determine
how businesses may be affected by reserve activation. In 2001, DOD
established a database to collect reported employer information from
reservists on a voluntary basis. More recently, the Under Secretary of
Defense for Personnel and Readiness made the submission of employer
information mandatory. We have issued several reports on DOD's programs
to capture reservists' civilian employment information. [Footnote 5]
DOD Has Not Been Collecting Data on the Impact Active Duty Service May
Have on the Ability of Guard and Reservists to Maintain Their Civilian
Professional Licenses or Certificates:
Neither DOD nor the services have been collecting the necessary data to
track and monitor what impact active duty service may have on
reservists' ability to maintain civilian professional licenses and
certifications. In March 2003, the Under Secretary of Defense for
Personnel and Readiness issued a directive-type memorandum directing
each military department to implement a civilian employment information
program for the collection of employer information from members of the
Ready Reserve and cited the need to use the information in
accomplishing employer outreach. [Footnote 6] In August 2004, the
Office of the Under Secretary issued an instruction establishing
employment-related information reporting requirements for each person
assigned to the reserves. [Footnote 7] In October 2005, we reported
that the services had not enforced the requirement for reservists to
enter required employer information. In that report, we recommended
that the Secretary of Defense direct the service secretaries to take
steps to enforce the requirement for reservists to report their
civilian employment information and develop a plan to maintain current
civilian employment information. In February 2007, we reported DOD had
made progress capturing employment information on its reservists, but
several challenges to collect complete information remained. Subsequent
to a recommendation in that report, the office of the Under Secretary
reissued the instruction in March 2008, [Footnote 8] requiring each
member to review and update his or her civilian employment information
annually. This information is general, however, and does not include
information on the impact of active duty service on maintaining
licenses and certification.
Presently, the DOD instruction requires reservists to provide only the
following employment-related information:
* status as full-time, part-time, voluntary, student, or not currently
employed;
* current position title;
* current position begin date;
* current position end date;
* the corresponding Department of Labor classification;
* status if self-employed;
* employer's name and address;
* status if considered a "first responder;" and;
* date the information was reviewed or updated.
Civilian employment information is generally entered by reservists
through an online Web application established and administered by DMDC.
However, because the DOD instruction requires reservists to provide
only the information listed above, the application does not include a
field allowing reservists to provide information on their civilian
professional licenses and certifications.
DOD and service officials told us that neither reservists nor existing
studies examining the reserve components or military compensation have
identified a lapse of civilian professional licenses and certifications
as an area of concern. A director with the Employer Support for the
Guard and Reserve said that this organization also has not received any
requests or questions from reservists seeking assistance in addressing
the challenges associated with the lapse of civilian professional
licenses. Separately, an official at the Reserve Forces Policy Board,
the principal policy adviser to the Secretary of Defense on matters
relating to the reserve components, stated the matter of reserve
component licensure and certification has never been an issue for the
board to monitor and shared feedback from the Army Reserve and National
Guard explaining that those components had not identified the matter as
a significant issue either. DMDC officials responsible for developing
and administering the Status of Forces Survey for the reserve
components confirmed that the matter of reservists experiencing
challenges maintaining civilian professional licenses and
certifications due to active duty service obligations has never been
included as part of the survey's inquiries.
To address the matters raised by our audit work, however, DMDC
officials stated their plans to address the matter and provided us with
their revisions to DMDC's upcoming June 2008 Status of Forces Survey.
The survey will provide respondents an opportunity to identify whether
their occupation required a license or certification, the occupational
field that required the license or certification, and whether the
status of their license or certification was affected by active duty
service. By collecting such responses, DOD will be able to determine
the extent to which active duty service has an impact on the ability of
reservists to maintain professional licenses and certifications in
their civilian careers. This will provide DOD and Congress the basis
for determining whether active duty service has had an impact on the
ability of reservists to maintain professional licenses or
certifications in their civilian careers or the degree to which it has
affected retention decisions. DOD needs this information before it can
explore if potential modifications to existing relief mechanisms, or
new ones, are needed.
Relief Opportunities Exist Both Outside and Within DOD:
Relief mechanisms currently exist both outside and within DOD that may
have applicability, or provide a model, if DOD determines that a need
exists to provide assistance to reservists in maintaining their
civilian credentials. Some of these programs are found within
legislation issued by the states, which play the primary role in
issuing occupational licenses. Other initiatives, which are primarily
designed to help servicemembers obtain civilian professional
credentials, are being administered by various entities within DOD.
According to a survey by the National Governors Association, a number
of states have enacted provisions to provide relief for reservists
experiencing challenges maintaining civilian professional licenses and
certifications in certain circumstances. With the support of the Office
of Deputy Under Secretary for Military Community and Family Policy, the
National Governors Association publishes a report which compiles state
and territorial responses to a survey addressing ways in which they
provide support for members of the National Guard, the Reserves and
their families, including descriptions of relief provisions. [Footnote
9] These provisions provide relief ranging from waiving deadlines and
fees for professional license renewals, to ensuring licenses or
certifications remain valid while deployed, to providing grace periods
of varying lengths for returning servicemembers whose professional
licenses expire while serving on active duty, and deferring continuing
education requirements until members return from active duty. The state
of Virginia, for example, allows for a waiver of educational
requirements for reactivation of a real estate license for any
salesperson or broker, which has been inactive for more than 3 years
when the holder of the inactive license is a member or the spouse of a
member of the armed forces of the United States who was permanently
assigned outside Virginia for a portion of the time the license was
inactive. However, the holder must show, to the satisfaction of the
board, currency in the field of real estate. [Footnote 10] Under Ohio
law, any holder of an expired license or certificate granted by the
state or its subdivisions that was not renewed because of service in
the armed forces, is granted a renewal at the usual cost without
penalty or reexamination within 6 months of an honorable discharge or
separation under honorable conditions. [Footnote 11] Attorneys who are
members of the North Carolina bar are exempt from their continuing
education requirements for any calendar year in which they served full-
time active duty in the armed forces. [Footnote 12] Lastly, for those
operating under a license or certification in the state of New York
prior to being called to active duty, New York automatically extends
their credentials during their period of active duty and for 12 months
after release from active duty with certain exceptions related to
limited permits and previous revocations or suspensions. [Footnote 13]
Presently, the Army and Navy operate Web sites that provide information
on credentialing opportunities and explain how servicemembers can
obtain civilian certification and license requirements related to their
military occupational specialties. The Army and Navy established these
Web sites in April 2002 and June 2006, respectively. The Web sites
identify the civilian credentials that relate to military occupational
specialties, explain the steps to obtain the credentials, and identify
available programs that will help pay credentialing fees. [Footnote 14]
In a related action, the National Defense Authorization Act for Fiscal
Year 2006 gave the Secretary of Defense authority to pay for expenses
for members of the armed forces to obtain professional credentials and
necessary examinations as long as the credentials were not a
prerequisite for appointment in the armed forces, [Footnote 15] and the
Office of the Undersecretary of Defense for Personnel and Readiness
issued a memorandum [Footnote 16] on February 12, 2007, establishing
DOD policy and guidance for setting up discretionary programs for the
payment of professional credentialing expenses to military members.
According to the memorandum, military departments may pay credentialing
expenses if the preponderance of a servicemember's assigned military
duties are covered by the credential and the credential has been
approved for those assigned duties. Furthermore, once the servicemember
has obtained the required certification or license, the military
department may pay the fees required for renewal of the certification
or license. Paying for credentialing solely as a component of
retention, recruiting, or transition programs, or to acquire an
educational degree, however, is not allowed under this act. The policy
also requires the military departments that desire to use this
authority to provide their credentialing programs to the Under
Secretary of Defense for Personnel and Readiness for review, but allows
them to begin implementation upon receipt of the policy. In addition,
departments using the authority are required to provide an assessment
report to the Under Secretary of Defense for Personnel and Readiness no
later than November 30, 2008. This assessment is to address areas set
out in an attachment to the policy including things such as the
methodologies used to determine eligibility and program effectiveness,
a review of funds expended, and a corresponding assessment for the
reserve component if assessment results differ significantly between
the active and reserve components.
More recently, on April 14, 2008, the U.S. Army Reserve officially
announced its Employer Partnership initiative with private industry
organizations to align military and civilian credentialing and
licensing. A principal objective of the initiative is to provide
licensing reciprocity between private industry and DOD. For example, a
reservist who has completed certain civilian occupation-specific
training and experience could forgo initial military training in the
same skill area. Similarly, a reservist who has completed certain skill-
specific training in the military would be eligible, under this
program, to receive the equivalent civilian licenses. The initiative's
intent is to minimize training expenditures and duplication for
individuals who hold both civilian careers and military service
obligations. In addition, the intent of the program is to facilitate
the recruitment and retention of individuals in both their civilian and
military careers. Currently, the Army Reserve has entered cooperative
agreements with a Virginia-based healthcare provider and a trucking
association.
DOD has also introduced a program for military spouses to obtain or
renew professional licenses. DOD implemented this program in light of
the increased obligations assumed by the trailing spouse subsequent to
increases in operational tempo and the extended tours of duty during
the Global War on Terrorism. In June 2007, the Military Community and
Family Policy office within the Office of the Under Secretary of
Defense for Personnel and Readiness, in conjunction with the Department
of Labor, established a program to support active duty military spouses
in acquiring or renewing civilian professional licenses and
certification. The goal is to help military spouses obtain and retain
portable careers in "high-growth, high-demand" occupations in the
fields of information technology, education, health services, financial
services, and the construction trades. Under the program, military
spouses receive grants to pay for expenses directly related to
postsecondary education and training, including credentialing and
licensing fees. The initiative targets military spouses with a general
education diploma, high-school diploma, or some postsecondary education
and who are married to active-duty servicemembers in junior enlisted or
officer pay grades. [Footnote 17] Military spouses who need to renew
credentials upon relocating, such as nurses, also are eligible. DOD and
the Department of Labor are jointly investing $35 million in eight
states demonstrating this initiative (California, Colorado, Florida,
Georgia, Hawaii, Maine, North Carolina, and Washington) targeting 18
military installations. In January 2008, the first account was granted;
as of April 2008, 8,000 individuals had received the briefing regarding
the availability of the account and 1,000 had been approved to receive
the assistance.
Agency Comments and Our Evaluation:
DOD reviewed a draft of this report. However, DOD did not provide
formal agency comments because the report discussed action the
department was already taking in response to our finding that DOD has
not been collecting information on what impact active duty service may
have on reservists' ability to maintain professional licenses or
certifications in their civilian careers. DOD did provide technical
comments, and we incorporated those changes where appropriate.
We are sending copies of this report to the Secretary of Defense and
the Secretaries of the Army, Navy, and Air Force. We will also make
copies available to others on request. In addition, the report will be
available at no charge on the GAO Web site at [hyperlink,
http://www.gao.gov].
Should you or your staff have any questions on the matters discussed in
this report, please contact me at (202) 512-3604 or farrellb@gao.gov.
Contact points for our Offices of Congressional Relations and Public
Affairs may be found on the last page of this letter. GAO staff who
made key contributions to this report are listed in enclosure I.
Signed by:
Brenda S. Farrell:
Director, Defense Capabilities and Management:
[End of section]
List of Congressional Committees:
The Honorable Carl Levin:
Chairman:
The Honorable John McCain:
Ranking Member:
Committee on Armed Services:
United States Senate:
The Honorable Ike Skelton:
Chairman:
The Honorable Duncan L. Hunter:
Ranking Member:
Committee on Armed Services:
United States House of Representatives:
[End of section]
Enclosure I:
GAO Contacts and Staff Acknowledgments:
GAO Contact:
Brenda S. Farrell, (202) 512-3604 or farrellb@gao.gov:
Acknowledgments:
In addition to the individual named above, David Moser (Assistant
Director), Grace Coleman, Nicole Harms, Charles Perdue, John W.
Wheeler, Jr., and Ricardo Marquez made key contributions to this
report.
[End of section]
Footnotes:
[1] For purposes of this report, the term reserve component, or
reservists, refers to the collective forces of the Army Reserve, the
Army National Guard, the Navy Reserve, the Air Force Reserve, the Air
National Guard, and the Marine Corps Reserve.
[2] Pub. L. No. 103-353 (1994), as amended, codified at 38 U.S.C. §§
4301-4334.
[3] Pub. L. No. 110-181, § 516 (2008).
[4] We are reporting on these objectives because neither DOD nor the
services were collecting, tracking, reporting, or tracking civilian
professional license and certification data during the time of this
review.
[5] GAO, Reserve Forces: DOD Actions Needed to Better Manage Relations
between Reservists and Their Employers, GAO-02-608 (Washington, D.C.:
June 13, 2002). GAO, Military Personnel: Federal Management of
Servicemember Employment Rights Can Be Further Improved, GAO-06-60
(Washington, D.C.: Oct. 19, 2005). GAO, Military Personnel: Federal
Agencies Have Taken Actions to Address Servicemembers' Employment
Rights, but a Single Entity Needs to Maintain Visibility to Improve
Focus on Overall Program Results, GAO-08-254T (Washington, D.C.: Nov.
8, 2007). GAO, Military Personnel: Additional Actions Needed to Improve
Oversight of Reserve Employment Issues, GAO-07-259 (Washington, D.C.:
Feb. 8, 2007).
[6] Under Secretary of Defense for Personnel and Readiness Memorandum
on Civilian Employment Information Program (Mar. 21, 2003).
[7] Department of Defense Instruction 7730.54, Reserve Components
Common Personnel Data System (RCCPDS), enclosure 10 (Aug. 6, 2004).
[8] Department of Defense Instruction 7730.54, Reserve Components
Common Personnel Data System (RCCPDS), enclosure 10 (Mar. 31, 2008).
[9] National Governors Association, State and Territorial Support for
Members of the National Guard, the Reserves, and their Families (July
30, 2007).
[10] Va. Code Ann. § 54.1-2105.04.
[11] Ohio Rev. Code Ann. § 5903.10 (2008).
[12] N.C. Gen. Stat. Ann. State Bar Rules, Ch. 1, Subch. D, .1517
(2008).
[13] N.Y. Mil. Law § 308-b (2008).
[14] The July 2007 Task Force on Returning Global War on Terror Heroes
report cited the Army and Navy Web sites as progress in improving
civilian workforce and credentialing, but stated additional analysis
needs to be conducted for the Air Force and the Marines to assist all
members transitioning from the military.
[15] Pub. L. No. 109-163, § 538 (2006) (codified at 10 U.S.C. § 2015).
[16] Under Secretary of Defense for Personnel and Readiness Memorandum
on Payment of Credentialing Expenses for Military Members (Feb. 12,
2007).
[17] Specifically, the initiative is directed to spouses who are
married to servicemembers in pay grades E1 through E5 and O1-O3.
[End of section]
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