§ 3330d. Appointment of military and Department of Defense, Department of State, and intelligence community spouses

§ 3330d. Appointment of military and Department of Defense, Department of State, and intelligence community spouses

(a) Definitions.— In this section:

(1) The term “active duty”—

(A) has the meaning given that term in section 101(d)(1) of title 10;

(B) includes full-time National Guard duty (as defined in section 101(d)(5) of title 10); and

(C) 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.

(2) The term “agency”—

(A) has the meaning given the term “Executive agency” in section 105 of this title; and

(B) does not include the Government Accountability Office.

(3) The term “covered spouse” means an individual who is married to an individual who—

(A)

(i) is an employee of the Department of State or an element of the intelligence community; or

(ii) is a member of the Armed Forces who is assigned to an element of the intelligence community; and

(B) 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.

(4) 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).

(5) The term “remote work” refers to a work flexibility arrangement under which an employee—

(A) is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and

(B) performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite—

(i) other than the location from which the employee would otherwise work;

(ii) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and

(iii) that is typically the residence of the employee.

(6) 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.

(7) 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.

(8) 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;

(2) a spouse of a disabled or deceased member of the Armed Forces;

(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;

(4) a spouse of an employee of the Department of Defense, including to a position in which the spouse will engage in remote work; or

(5) a covered spouse to a position in which the covered spouse will engage in remote work.

(c) Special Rules Regarding Spouse of a Disabled or Deceased Member of the Armed Forces.—

(1) In general.— An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(4) is not restricted to a geographical area.

(2) Single permanent appointment.— A spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section.

(Added Pub. L. 112–239, div. A, title V, § 566(a), Jan. 2, 2013, 126 Stat. 1749; amended Pub. L. 114–328, div. A, title XI, § 1131, Dec. 23, 2016, 130 Stat. 2457; Pub. L. 115–232, div. A, title V, § 573(a), (c), Aug. 13, 2018, 132 Stat. 1779; Pub. L. 118–31, div. A, title XI, §§ 1112(a), 1119(a), Dec. 22, 2023, 137 Stat. 429, 434; Pub. L. 118–159, div. A, title XI, § 1102(c)(1), div. F, title LXVI, § 6612(a), (e)(1), Dec. 23, 2024, 138 Stat. 2086, 2504, 2505.)

Amendment of Section

For revival of section by Pub. L. 118–159, see Effective and Termination Dates of 2024 Amendment note below.

For expiration of amendments and revival of section by Pub. L. 118–31, see Termination Date of 2023 Amendment note below.

Editorial Notes

Amendments

2024—Pub. L. 118–159, § 6612(a)(1), (e)(1), temporarily substituted “military and Department of Defense, Department of State, and intelligence community spouses” for “Appointment of military and Department of Defense civilian spouses” in section catchline. See Effective and Termination Dates of 2024 Amendment note below.

Pub. L. 118–159, § 1102(c)(1), amended Pub. L. 118–31, § 1119(a)(2), (3). See 2023 Amendment notes below.

Subsec. (a)(3). Pub. L. 118–159, § 6612(a)(2)(D), (e)(1), temporarily added par. (3) and struck out former par. (3) which defined “remote work”. See Effective and Termination Dates of 2024 Amendment note below.

Subsec. (a)(4). Pub. L. 118–159, § 6612(a)(2)(D), (e)(1), temporarily added par. (4). See Effective and Termination Dates of 2024 Amendment note below. Former par. (4) temporarily redesignated (6).

Subsec. (a)(5). Pub. L. 118–159, § 6612(a)(2)(D), (e)(1), temporarily added par. (5). See Effective and Termination Dates of 2024 Amendment note below. Former par. (5) temporarily redesignated (7) as probable intent.

Subsec. (a)(6). Pub. L. 118–159, § 6612(a)(2)(C), (e)(1), temporarily redesignated par. (4) as (6). See Effective and Termination Dates of 2024 Amendment note below. Former par. (6) temporarily struck out as probable intent.

Pub. L. 118–159, § 6612(a)(2)(B), (e)(1), which directed the temporary striking out of par. (5), was executed by temporarily striking out par. (6) to reflect the probable intent of Congress and the intervening amendment by Pub. L. 118–159, § 1102(c)(1)(A)(i), which retroactively amended Pub. L. 118–31, § 1119(a)(2)(A), so as to redesignate par. (5) as (6). See 2023 Amendment note below and Effective and Termination Dates of 2024 Amendment note below.

Subsec. (a)(7). Pub. L. 118–159, § 6612(a)(2)(A), (e)(1), which directed the temporary redesignation of the second par. (4) relating to a spouse of an employee of the Department of Defense as (7), was executed by temporarily redesignating par. (5) as (7) to reflect the probable intent of Congress and the intervening amendment by Pub. L. 118–159, § 1102(c)(1)(A)(ii), which retroactively amended Pub. L. 118–31, § 1119(a)(2)(B), so as to add such paragraph as par. (5) instead of a second par. (4). See 2023 Amendment note below and Effective and Termination Dates of 2024 Amendment note below.

Subsec. (a)(8). Pub. L. 118–159, § 6612(a)(2)(E), (e)(1), temporarily added par. (8). See Effective and Termination Dates of 2024 Amendment note below.

Subsec. (b)(2). Pub. L. 118–159, § 6612(a)(3)(A), (e)(1), which directed the temporary striking out of “or” at end, could not be executed after the intervening amendment by Pub. L. 118–159, § 1102(c)(1)(B)(ii), which retroactively amended Pub. L. 118–31, § 1119(a)(3)(A), so as to direct the same amendment. See 2023 Amendment note below.

Subsec. (b)(3). Pub. L. 118–159, § 6612(a)(3)(B), (e)(1), which directed the temporary substitution of a semicolon for the period at the end of the first par. (3) relating to a spouse of a member of the Armed Forces on active duty, was executed by temporarily substituting a semicolon for “; or” at the end of the only par. (3), to reflect the probable intent of Congress and the intervening amendments by Pub. L. 118–159, § 1102(c)(1)(B)(iii), (iv), which retroactively amended Pub. L. 118–31, § 1119(a)(3)(B), (C), so as to substitute “; or” for the period at the end of par. (3) and add par. (4) instead of a second par. (3). See 2023 Amendment note below and Effective and Termination Dates of 2024 Amendment note below.

Subsec. (b)(4). Pub. L. 118–159, § 6612(a)(3)(D), (e)(1), temporarily inserted “, including to a position in which the spouse will engage in remote work” after “Department of Defense” and substituted “; or” for period at end. See Effective and Termination Dates of 2024 Amendment note below.

Pub. L. 118–159, § 6612(a)(3)(C), (e)(1), which directed the temporary redesignation of the second par. (3) relating to a spouse of an employee of the Department of Defense as (4), could not be executed after the intervening amendment by Pub. L. 118–159, § 1102(c)(1)(B)(iv), which retroactively amended Pub. L. 118–31, § 1119(a)(3)(C), so as to add such paragraph as par. (4) instead of par. (3). See 2023 Amendment note below.

Subsec. (b)(5). Pub. L. 118–159, § 6612(a)(3)(E), (e)(1), temporarily added par. (5). See Effective and Termination Dates of 2024 Amendment note below.

2023—Pub. L. 118–31, § 1119(a)(1), (d), temporarily amended section catchline, inserting “and Department of Defense civilian” after “military”. See Termination Date of 2023 Amendment note below.

Subsec. (a)(3), (4). Pub. L. 118–31, § 1112(a)(1)(A), (B), added par. (3) and redesignated former par. (3) as (4).

Subsec. (a)(5). Pub. L. 118–31, § 1119(a)(2)(B), (d), as amended by Pub. L. 118–159, § 1102(c)(1)(A)(ii), temporarily added par. (5). See Termination Date of 2023 Amendment note below. Former par. (5) temporarily redesignated (6).

Pub. L. 118–31, § 1112(a)(1)(C), added par. (5).

Subsec. (a)(6). Pub. L. 118–31, § 1119(a)(2)(A), (d), as amended by Pub. L. 118–159, § 1102(c)(1)(A)(i), temporarily redesignated par. (5) as (6). See Termination Date of 2023 Amendment note below.

Subsec. (b)(2). Pub. L. 118–31, § 1119(a)(3)(A), (d), as amended by Pub. L. 118–159, § 1102(c)(1)(B)(ii), temporarily struck out “or” at end. See Termination Date of 2023 Amendment note below.

Subsec. (b)(3). Pub. L. 118–31, § 1119(a)(3)(B), (d), as amended by Pub. L. 118–159, § 1102(c)(1)(B)(iii), temporarily substituted “; or” for period at end. See Termination Date of 2023 Amendment note below.

Pub. L. 118–31, § 1112(a)(2), added par. (3).

Subsec. (b)(4). Pub. L. 118–31, § 1119(a)(3)(C), (d), as amended by Pub. L. 118–159, § 1102(c)(1)(B)(iv), temporarily added par. (4). See Termination Date of 2023 Amendment note below.

Subsec. (c)(1). Pub. L. 118–31, § 1112(a)(3), substituted “subsection (a)(4)” for “subsection (a)(3)”.

2018—Pub. L. 115–232, § 573(c), amended section catchline generally, substituting “Appointment of military spouses” for “Appointment of certain military spouses”.

Subsec. (a)(3) to (6). Pub. L. 115–232, § 573(a)(1), redesignated par. (6) as (3) and struck out former pars. (3) to (5) which defined geographic area of the permanent duty station, permanent change of station, and relocating spouse of a member of the Armed Forces, respectively.

Subsecs. (b) to (d). Pub. L. 115–232, § 573(a)(2)–(4), added subsec. (b), redesignated subsec. (d) as (c) and substituted “subsection (a)(3)” for “subsection (a)(6)” in par. (1), and struck out former subsecs. (b) and (c) relating to appointment authority and special rules regarding relocating spouse, respectively.

2016—Subsec. (c)(3). Pub. L. 114–328 added par. (3).

Statutory Notes and Related Subsidiaries

Effective and Termination Dates of 2024 Amendment

Pub. L. 118–159, div. A, title XI, § 1102(c)(2), Dec. 23, 2024, 138 Stat. 2087, provided that: “The amendments made by paragraph (1) [amending section 1119(a)(2), (3) of Pub. L. 118–31, which had amended this section] shall take effect as if included in the enactment of section 1119 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31).”

Pub. L. 118–159, div. F, title LXVI, § 6612(e), Dec. 23, 2024, 138 Stat. 2505, provided that: “On the date that is 5 years after the date of the enactment of this Act [Dec. 23, 2024]— “(1) 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 “(2) 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.”

Termination Date of 2023 Amendment

Pub. L. 118–31, div. A, title XI, § 1119(d), Dec. 22, 2023, 137 Stat. 435, as amended by Pub. L. 118–159, div. A, title XI, § 1102(b)(1), Dec. 23, 2024, 138 Stat. 2086, provided that: “Effective on December 31, 2033— “(1) 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 “(2) 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.”

Termination Date of 2018 Amendment

Pub. L. 115–232, div. A, title V, § 573(e), Aug. 13, 2018, 132 Stat. 1779, as amended by Pub. L. 117–263, div. A, title XI, § 1111(a), Dec. 23, 2022, 136 Stat. 2820, which provided that, effective on Dec. 31, 2028, the authority provided by and the amendments made by section 573 of Pub. L. 115–232 would expire, and the provisions of this section amended or repealed by section 573 of Pub. L. 115–232 would be restored or revived as if such section had not been enacted, was repealed by Pub. L. 118–159, div. A, title XI, § 1102(a), Dec. 23, 2024, 138 Stat. 2086.

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