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5 U.S.C. § 3330d — Appointment of military and Department of Defense, Department of State, and intelligence community spouses
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/1&num=0&edition=prelim);
(B) includes full-time National Guard duty (as defined in [section 101(d)(5) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/5&num=0&edition=prelim)); and
(C) for a member of a reserve component (as described in [section 10101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10101&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
(5) The term “remote work” refers to a work flexibil
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Stable record: federal_law:legal_authorities:record_usc_d8d070d1864d6bb0488c4569
Source file: Laws/federal/codes/united-states-code/title-5/section-3330d-appointment-of-military-and-department-of-defense-department-of-state-an--753173a9ed.md
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Passage SHA-256: 3733883a2c769dc3bfefed204929a364e30855a8c3c2071a6f3b68304d11ed28
Source location: Title 5, Chapter 33, § 3330d; chapter-033-examination-selection-and-placement.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/1&num=0&edition=prelim);
(B) includes full-time National Guard duty (as defined in [section 101(d)(5) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/d/5&num=0&edition=prelim)); and
(C) for a member of a reserve component (as described in [section 10101 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10101&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided under subsection (f)(1), in this section, the term “appropriate committees of Congress” means—
(1) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Oversight and Government Reform of the House of Representatives.
**(b)**
(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an employing agency may pay through the proper disbursing official any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter for employees participating in a telework program. Under an approved test program, an agency may provide an employee with the option to waive any payment authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Under any test program, if an agency employee voluntarily relocates from the pre-existing duty station of that employee, the Administrator may authorize the employing agency to establish a reasonable maximum number of occasional visits to the pre-existing duty station before that employee is eligible for payment of any accrued travel expenses by that agency.
(4) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
**(c)** The Administrator shall transmit a copy of any test program approved by the Administrator und
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5711
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The President shall order such measures as the President considers necessary to increase employment opportunities for spouses of members of the armed forces. Such measures may include—
(1) excepting, pursuant to [section 3302 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3302&num=0&edition=prelim), from the competitive service positions in the Department of Defense located outside of the United States to provide employment opportunities for qualified spouses of members of the armed forces in the same geographical area as the permanent duty station of the members; and
(2) providing preference in hiring for positions in nonappropriated fund activities to qualified spouses of members of the armed forces stationed in the same geographical area as the nonappropriated fund activity for positions in wage grade UA–8 and below and equivalent positions and for positions paid at hourly rates.
**(b) Regulations.—** The Secretary of Defense shall prescribe regulations—
(1) to implement such measures as the President orders under subsection (a);
(2) to provide preference to qualified spouses of members of the armed forces in hiring for any civilian position in the Department of Defense if the spouse is among persons determined to be best qualified for the position and if the position is located in the same geographical area as the permanent duty station of the member;
(3) to ensure that notice of any vacant position in the Department of Defense is provided in a manner reasonably designed to reach spouses of members of the armed forces whose permanent duty stations are in the same geographic area as the area in which the position is located; and
(4) to ensure that the spouse of a member of the armed forces who applies
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1784
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Federal law — U.S. Code and appendices · legal_authorities
The reserve components of the armed forces are:
(1) The Army National Guard of the United States.
(2) The Army Reserve.
(3) The Navy Reserve.
(4) The Marine Corps Reserve.
(5) The Air National Guard of the United States.
(6) The Air Force Reserve.
(7) The Coast Guard Reserve.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The President may—
(1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service;
(2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and
(3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section.
**(b) DOD Procedures.—** The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers.
**(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers.
**(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
**(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2000e
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that the use of flexible and compressed work schedules has the potential to improve productivity in the Federal Government and provide greater service to the public.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6120
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Employee.—** — The term “employee” has the meaning given that term under section 2105.
(2) **Executive agency.—** — Except as provided in section 6506, the term “executive agency” has the meaning given that term under section 105.
(3) **Telework.—** — The term “telework” or “teleworking” refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6501
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section shall apply to—
(1) an Executive agency; and
(2) the Government Publishing Office.
**(b)** Federal personnel management should be implemented consistent with the following merit system principles:
(1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity.
(2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
(3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.
(4) All employees should maintain high standards of integrity, conduct, and concern for the public interest.
(5) The Federal work force should be used efficiently and effectively.
(6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.
(7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
(8) Employees should be—
(A) protected
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 2301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
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