Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 3330d: Appointment of military and Department of Defense, Department of State, and intelligence community spouses

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has the meaning given that term in section 101(d)(1) of title 10 ; includes full-time National Guard duty (as defined in section 101(d)(5) of title 10 ); and for a member of a reserve component (as described in section 10101 of title 10 ), does not include training duties or attendance at a service school. has the meaning given the term “Executive agency” in section 105 of this title ; and does not include the Government Accountability Office. is an employee of the Department of State or an element of the intelligence community; or is a member of the Armed Forces who is assigned to an element of the intelligence community; and is transferred in the interest of the Government from one official station within the applicable agency to another within the agency (that is outside of normal commuting distance) for permanent duty. The term “intelligence community” has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and other than the location from which the employee would otherwise work; that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and that is typically the residence of the employee. is retired, released, or discharged from the Armed Forces; and 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 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 has not remarried. The term “spouse of an employee of the Department of Defense” means an individual who is married to an employee of the Department of Defense who is transferred in the interest of the Government from one official station within the Department to another within the Department (that is outside of normal commuting distance) for permanent duty. The term “telework” has the meaning given the term in section 6501. a spouse of a member of the Armed Forces on active duty; a spouse of a disabled or deceased member of the Armed Forces; 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; a spouse of an employee of the Department of Defense, including to a position in which the spouse will engage in remote work; or a covered spouse to a position in which the covered spouse will engage in remote work. An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(4) 1 is not restricted to a geographical area. 1 See References in Text note below. A spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section. section 3330d of title 5 , United States Code, as amended by subsection (a), is amended to read as it read on the day before the date of the enactment of this Act; and the item for such section in the table of sections for subchapter I of chapter 33 [probably should be “for chapter 33”] of title 5, United States Code [ 5 U.S.C. 3301 prec.], as amended by subsection (b), is amended to read as it read on the day before the date of the enactment of this Act.” the authority provided by this section [amending this section and enacting provisions set out as a note below], and the amendments made by this section [amending this section], shall expire; and the provisions of section 3330d of title 5 , United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted.” monitor the number of those appointments; require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and not later than 18 months after the date of enactment of this Act [ Dec. 22, 2023 ], submit, to the Committees on Armed Services and Homeland Security and Governmental Affairs of the Senate and the Committees on Armed Services and Oversight and Accountability of the House of Representatives, a report on the use and effectiveness of the authority described in subparagraph (B). shall treat the spouse as a relocating spouse under paragraph (1); and may limit the number of those appointments.”

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