United States Code
USC most recently checked for updates: Mar 25, 2023
Appointment of military spouses
In this section:
The term “active duty”—
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.
The term “agency”—
has the meaning given the term “Executive agency” in section 105 of this title; and
does not include the Government Accountability Office.
The term “spouse of a disabled or deceased member of the Armed Forces” means an individual—
who is married to a member of the Armed Forces who—
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 head of an agency may appoint noncompetitively—
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.
An appointment of an eligible spouse as described in subparagraph (A) or (B) of subsection (a)(3) is not restricted to a geographical area.
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