5 U.S.C. § 3330d Appointment of Military Spouses

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 5 U.S.C. § 3330d

(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 "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.

(b) APPOINTMENT AUTHORITY.-The head of an agency may appoint noncompetitively-

(1) a spouse of a member of the Armed Forces on active duty; or

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

(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)(3) 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.

Cite as 5 U.S.C. § 3330d

Source: 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, §11311131,, 130 Stat. 2457; Pub. L. 115-232, div. A, title V, §573(a), (c), Aug. 13, 2018, 132 Stat. 1779.

Notes from the Office of Law Revision Counsel

current through 8/1/2023

Amendment of Section

For expiration of amendment by Pub. L. 115-232 and revival of section, see Termination Date of 2018 Amendment note below.

EDITORIAL NOTES

AMENDMENTS

2018- Pub. L. 115-232, §573(c), (e), temporarily amended section catchline generally, substituting "Appointment of military spouses" for "Appointment of certain military spouses". See Termination Date of 2018 Amendment note below.