{"identifier":"/us/usc/t5/s3330d","title":5,"num":"\u00a7\u202f3330d.","heading":"Appointment of military and Department of Defense, Department of State, and intelligence community spouses","text":"\u00a7\u202f3330d.\nAppointment of military and Department of Defense, Department of State, and intelligence community spouses\n(a)\nDefinitions.\u2014\nIn this section:\n(1) The term \u201cactive duty\u201d\u2014\n(A) has the meaning given that term in\nsection 101(d)(1) of title 10\n(B) includes full-time National Guard duty (as defined in\nsection 101(d)(5) of title 10\n(C) for a member of a reserve component (as described in\nsection 10101 of title 10\n(2) The term \u201cagency\u201d\u2014\n(A) has the meaning given the term \u201cExecutive agency\u201d in\nsection 105 of this title\n(B) does not include the Government Accountability Office.\n(3) The term \u201ccovered spouse\u201d means an individual who is married to an individual who\u2014\n(A)\n(i) is an employee of the Department of State or an element of the intelligence community; or\n(ii) is a member of the Armed Forces who is assigned to an element of the intelligence community; and\n(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.\n(4) The term \u201cintelligence community\u201d has the meaning given the term in section 3 of the National Security Act of 1947 (\n50 U.S.C. 3003\n(5) The term \u201cremote work\u201d refers to a work flexibility arrangement under which an employee\u2014\n(A) is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and\n(B) performs the duties and responsibilities of such employee\u2019s position, and other authorized activities, from an approved worksite\u2014\n(i) other than the location from which the employee would otherwise work;\n(ii) that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and\n(iii) that is typically the residence of the employee.\n(6) The term \u201cspouse of a disabled or deceased member of the Armed Forces\u201d means an individual\u2014\n(A) who is married to a member of the Armed Forces who\u2014\n(i) is retired, released, or discharged from the Armed Forces; and\n(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\n(B) who\u2014\n(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\n(ii) has not remarried.\n(7) The term \u201cspouse of an employee of the Department of Defense\u201d 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.\n(8) The term \u201ctelework\u201d has the meaning given the term in section 6501.\n(b)\nAppointment Authority.\u2014\nThe head of an agency may appoint noncompetitively\u2014\n(1) a spouse of a member of the Armed Forces on active duty;\n(2) a spouse of a disabled or deceased member of the Armed Forces;\n(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;\n(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\n(5) a covered spouse to a position in which the covered spouse will engage in remote work.\n(c)\nSpecial Rules Regarding Spouse of a Disabled or Deceased Member of the Armed Forces.\u2014\n(1)\nIn general.\u2014\nAn appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(4)\n1\n1 See References in Text note below.\n(2)\nSingle permanent appointment.\u2014\nA spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section.","url":"https://projectusc.org/usc/t5/s3330d.html","content":[{"t":"sec","id":"/us/usc/t5/s3330d","children":[{"t":"num","text":"\u00a7\u202f3330d."},{"t":"heading","text":"Appointment of military and Department of Defense, Department of State, and intelligence community spouses"},{"t":"subsec","id":"/us/usc/t5/s3330d/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t5/s3330d/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" The term \u201cactive duty\u201d\u2014"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has the meaning given that term in ","children":[{"t":"ref","text":"section 101(d)(1) of title 10","href":"/us/usc/t10/s101/d/1","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" includes full-time National Guard duty (as defined in ","children":[{"t":"ref","text":"section 101(d)(5) of title 10","href":"/us/usc/t10/s101/d/5","tail":"); and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" for a member of a reserve component (as described in ","children":[{"t":"ref","text":"section 10101 of title 10","href":"/us/usc/t10/s10101","tail":"), does not include training duties or attendance at a service school."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" The term \u201cagency\u201d\u2014"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" has the meaning given the term \u201cExecutive agency\u201d in ","children":[{"t":"ref","text":"section 105 of this title","href":"/us/usc/t5/s105","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" does not include the Government Accountability Office.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" The term \u201ccovered spouse\u201d means an individual who is married to an individual who\u2014"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"clause","id":"/us/usc/t5/s3330d/a/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is an employee of the Department of State or an element of the intelligence community; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s3330d/a/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is a member of the Armed Forces who is assigned to an element of the intelligence community; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The term \u201cintelligence community\u201d has the meaning given the term in section 3 of the National Security Act of 1947 (","children":[{"t":"ref","text":"50 U.S.C. 3003","href":"/us/usc/t50/s3003","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/5","children":[{"t":"num","text":"(5)"},{"t":"chapeau","text":" The term \u201cremote work\u201d refers to a work flexibility arrangement under which an employee\u2014"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" is not expected to physically report to the location from which the employee would otherwise work, considering the position of the employee; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/5/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" performs the duties and responsibilities of such employee\u2019s position, and other authorized activities, from an approved worksite\u2014"},{"t":"clause","id":"/us/usc/t5/s3330d/a/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" other than the location from which the employee would otherwise work;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s3330d/a/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" that may be inside or outside the local commuting area of the location from which the employee would otherwise work; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s3330d/a/5/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" that is typically the residence of the employee.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/6","children":[{"t":"num","text":"(6)"},{"t":"chapeau","text":" The term \u201cspouse of a disabled or deceased member of the Armed Forces\u201d means an individual\u2014"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/6/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" who is married to a member of the Armed Forces who\u2014"},{"t":"clause","id":"/us/usc/t5/s3330d/a/6/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is retired, released, or discharged from the Armed Forces; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s3330d/a/6/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t5/s3330d/a/6/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" who\u2014"},{"t":"clause","id":"/us/usc/t5/s3330d/a/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t5/s3330d/a/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" has not remarried.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" The term \u201cspouse of an employee of the Department of Defense\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/a/8","children":[{"t":"num","text":"(8)"},{"t":"content","text":" The term \u201ctelework\u201d has the meaning given the term in section 6501.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t5/s3330d/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Appointment Authority.\u2014"},{"t":"chapeau","text":"The head of an agency may appoint noncompetitively\u2014"},{"t":"para","id":"/us/usc/t5/s3330d/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" a spouse of a member of the Armed Forces on active duty;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" a spouse of a disabled or deceased member of the Armed Forces;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" a spouse of an employee of the Department of Defense, including to a position in which the spouse will engage in remote work; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" a covered spouse to a position in which the covered spouse will engage in remote work.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t5/s3330d/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Special Rules Regarding Spouse of a Disabled or Deceased Member of the Armed Forces.\u2014"},{"t":"para","id":"/us/usc/t5/s3330d/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(4)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" is not restricted to a geographical area."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t5/s3330d/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Single permanent appointment.\u2014"},{"t":"content","text":"A spouse of a disabled or deceased member of the Armed Forces may not receive more than 1 permanent appointment under this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}