United States Code

USC most recently checked for updates: Mar 25, 2023

§ 3330d.
Appointment of military 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 “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.
(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.)
cite as: 5 USC 3330d