[Senate Report 118-14]
[From the U.S. Government Publishing Office]
Calendar No. 38
118th Congress } { Report
SENATE
1st Session } { 118-14
_______________________________________________________________________
MILITARY SPOUSE EMPLOYMENT ACT
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 349
TO AMEND TITLE 5, UNITED STATES CODE, TO
AUTHORIZE THE APPOINTMENT OF SPOUSES OF
MEMBERS OF THE ARMED FORCES WHO ARE ON ACTIVE
DUTY, DISABLED, OR DECEASED TO POSITIONS IN
WHICH THE SPOUSES WILL WORK REMOTELY
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 27, 2023.--Ordered to be printed
_________
U.S. GOVERNMENT PUBLISHING OFFICE
39-010 WASHINGTON : 2023
COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada MITT ROMNEY, Utah
ALEX PADILLA, California RICK SCOTT, Florida
JON OSSOFF, Georgia JOSH HAWLEY, Missouri
RICHARD BLUMENTHAL, Connecticut ROGER MARSHALL, Kansas
David M. Weinberg, Staff Director
Zachary I. Schram, Chief Counsel
Lena C. Chang, Director of Governmental Affairs
Devin M. Parsons, Professional Staff Member
William E. Henderson III, Minority Staff Director
Christina N. Salazar, Minority Chief Counsel
Andrew J. Hopkins, Minority Counsel
Laura W. Kilbride, Chief Clerk
Calendar No. 38
118th Congress } { Report
SENATE
1st Session } { 118-14
======================================================================
MILITARY SPOUSE EMPLOYMENT ACT
_______
April 27, 2023.--Ordered to be printed
_______
Mr. Peters, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 349]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 349) to amend title
5, United States Code, to authorize the appointment of spouses
of members of the Armed Forces who are on active duty,
disabled, or deceased to positions in which the spouses will
work remotely, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 1
II. Background and Need for the Legislation.......................... 2
III. Legislative History.............................................. 5
IV. Section-by-Section Analysis of the Bill, as Reported............. 6
V. Evaluation of Regulatory Impact.................................. 6
VI. Congressional Budget Office Cost Estimate........................ 7
VII. Changes in Existing Law Made by the Bill, as Reported............ 7
I. Purpose and Summary
S. 349, the Military Spouse Employment Act, would clarify
that agencies can hire military spouses into fully remote
positions. This will support the ability of military spouses to
maintain their position in a federal career regardless of
military relocations or transfers. The bill amends an existing
section of title 5, United States Code that provides federal
agency heads with the authority to appoint military spouses to
federal employment noncompetitively. The amending language adds
a definition of ``remote work'' and specifies that the
appointment authority applies to positions in which the spouse
will engage in remote work. The bill also directs the
Government Accountability Office (GAO) to conduct a study on
agency use of remote work.\1\
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\1\On August 3, 2022, the Committee approved S. 4337, the Military
Spouse Employment Act, with an amendment in the nature of a substitute.
That bill, as reported, is substantially similar to S. 349, except that
S. 349 includes the addition of a section requiring a GAO study on
remote work. Accordingly, this committee report is, in many respects,
similar to the committee report for S. 4337. See S. Rept. 117-178.
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II. Background and Need for the Legislation
Half of active duty servicemembers are married, including
two-thirds of active duty officers.\2\ Military spouses serve
as the backbone of military families, fulfilling myriad
household needs around the service demands of active duty
members. They also play an important role in the decision of
the servicemember to remain in or leave the military.\3\
Studies indicate that the wellbeing of military spouses impacts
how committed the married servicemember is to military
service.\4\ A significant factor affecting military spouse
wellbeing and the overall wellbeing of a military family is the
spouse having the option to find and sustain meaningful
employment.\5\
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\2\Department of Defense, 2021 Demographics: Profile of the
Military Community (2022) (download.militaryonesource.mil/12038/MOS/
Reports/2021-demographics-report.pdf).
\3\Blue Star Families, 2021 Military Family Lifestyle Survey:
Comprehensive Report (2022) (bluestarfam.org/wp-content/uploads/2022/
03/BSF_MFLS_Results2021_ComprehensiveReport_
3_22.pdf).
\4\U.S. Chamber of Commerce Foundation, Military Spouses in the
Workplace (2020) (www.hiringourheroes.org/resources/military-spouses-
in-the-workplace-2020/).
\5\Id. at 6.
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Military spouses, however, are more likely to be unemployed
compared to their civilian counterparts.\6\ According to a 2022
survey, military spousal unemployment rates are four to six
times higher than the national average.\7\ Similarly, 31% of
the unemployed military spouse respondents have described
experiencing unemployment for 27 weeks or longer, which is a
rate of long-term unemployment that is three times higher than
that of the civilian population.\8\
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\6\RAND Corporation, Enhancing Family Stability During a Permanent
Change of Station: A Review of Disruptions and Policies (2018)
(www.rand.org/pubs/research_reports/RR2304.html).
\7\Blue Star Families, 2022 Military Family Lifestyle Survey:
Comprehensive Report (2023) (bluestarfam.org/wp-content/uploads/2023/
03/BSF_MFLS_Spring23_Full_Report_Digital.pdf).
\8\ U.S. Chamber of Commerce Foundation, supra note 4, at 29.
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Over the past half a century, the proportion of dual-earner
households in the United States has risen significantly, more
than doubling between 1960 and 2000 from 25% to 60% and
remaining above 50% of U.S. households for the past two
decades.\9\ Middle-class households increasingly rely on two
incomes for food, transportation, education, child care, and
other expenditures.\10\ These same trends impact military
households as well.\11\ Around 68% of unemployed military
spouse respondents to the 2021 Military Family Lifestyle Survey
conducted by Blue Star Families described their financial
situation as causing them ``some stress'' or a ``great deal of
stress,'' compared to 44% of employed spouses.\12\ In a
Military Family Advisory Network Survey, military and veteran
family respondents stated that financial hardship due to
spousal unemployment was a key driver in negatively affecting
the health of military marriages.\13\ A dual income for
military families can ease financial stress by allowing them to
build a safety net and plan for longer-term financial
goals.\14\ Spouse employment is also correlated with spouses
gaining a sense of purpose and other positive impacts to their
overall wellbeing.\15\
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\9\Jonathan Fisher and Nathaniel Johnson, The Two-Income Trap: Are
Two-Earner Households More Financially Vulnerable?, Center for Economic
Studies (June 2019) (www2.census.gov/ces/wp/2019/CES-WP-19-19.pdf);
Comparing characteristics and selected expenditures of dual- and
single-income households with children, U.S. Bureau of Labor Statistics
(Sep. 2020) (www.bls.gov/opub/mlr/2020/article/comparing-
characteristics-and-selected-expenditures-of-dual-and-single-income-
households-with-children.htm).
\10\U.S. Bureau of Labor Statistics, Comparing characteristics and
selected expenditures of dual- and single-income households with
children (Sep. 2020) (www.bls.gov/opub/mlr/2020/article/comparing-
characteristics-and-selected-expenditures-of-dual-and-single-income-
households-with-children.htm).
\11\U.S. Chamber of Commerce Foundation, supra note 4, at 20.
\12\Blue Star Families, supra note 3, at 15.
\13\Military Family Advisory Network, Military Family Support
Programming Survey: 2021 Results (July 14, 2022) (www.mfan.org/wp-
content/uploads/2022/07/MFAN-Programming-Survey-Results.pdf).
\14\U.S. Chamber of Commerce Foundation, supra note 4, at 25.
\15\Id. at 8.
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According to annual Military Family Lifestyle Surveys,
military spouse employment has ranked as the top issue for
active duty spouses for the fourth year in a row.\16\ The issue
of spouse employment has surpassed the ranking of other
pressing issues, such as servicemember time away from family,
children's education, relocation, and military pay.\17\ Spouse
employment is also a top-five issue for active duty
servicemembers and veteran spouses.\18\
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\16\Blue Star Families, 2022 Military Family Lifestyle Survey:
Comprehensive Report (2023) (bluestarfam.org/wp-content/uploads/2023/
03/BSF_MFLS_Spring23_Full_Report_Digital.pdf); Blue Star Families, 2021
Military Family Lifestyle Survey: Comprehensive Report (2022)
(bluestarfam.org/wp-content/uploads/2022/03/
BSF_MFLS_Results2021_ComprehensiveReport_
3_22.pdf); Blue Star Families, 2020 Military Family Lifestyle Survey:
ComprehensiveReport (bluestarfam.org/wp-content/uploads/2021/10/
BSF_MFLS_CompReport_FULL.pdf); Blue Star Families, 2019 Military Family
Lifestyle Survey: Comprehensive Report (bluestarfam.org/wp-
content/uploads/2020/03/BSF-2019-Survey-Comprehensive-Report-Digital-
rev200305.pdf).
\17\Blue Star Families, supra note 7, at 11.
\18\Id.
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Even when military spouses find employment, they often
experience underemployment or hold the job for a shorter tenure
due to military-related reasons. In 2022, 62% of employed
active duty spouses surveyed by Blue Star Families reported
they were underemployed.\19\ Types of underemployment include
working in positions that do match the individual's educational
background, skills, or training, or positions with fewer hours
than desired or that do not provide a livable wage.\20\ In
addition, the 2021 Military Family Lifestyle Survey found that
one-third of employed active duty spouse respondents indicated
they would need to look for a job within the next 12 months due
to a military relocation or permanent change-of-station
(PCS).\21\
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\19\Id. at 79.
\20\U.S. Chamber of Commerce Foundation, supra note 4, at 17.
\21\Blue Star Families, supra note 3, at 7.
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Military-related barriers to spouse employment include the
unpredictable schedule of the servicemember, access to
affordable child care, and the frequency of relocations due to
PCS moves.\22\ According to Department of Defense data, over
80% of active duty spouses experience a PCS move during their
partner's military career, and one-third have gone through a
PCS move over the past 12 months.\23\ Research indicates that
PCS moves can cause spousal unemployment, underemployment, loss
of earnings, and delays in employment, particularly when the
spouse needs to obtain a new credential at the new
location.\24\ For around 35% of affected spouses, it takes
seven or more months to find new employment after a PCS
move.\25\
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\22\Id. at 66.
\23\Department of Defense, 2019 Survey of Active Duty Spouses:
Infographic on Spouse Education and Employment (May 1, 2020)
(www.opa.mil/research-analysis/spouse-family/military-spouse-survey-
survey-reports-briefings/2019-survey-of-active-duty-spouses-
infographics/2019-
survey-of-active-duty-spouses-infographic-on-spouse-education-and-
employment/).
\24\RAND Corporation, supra note 6, at ix.
\25\Department of Defense, supra note 23.
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Remote work opportunities can help military spouses avoid
some of the negative impacts that military-related barriers to
employment, such as PCS, have on their ability to find and stay
at a job aligned with their qualifications, by giving them
greater flexibility to work from any location. Among active
duty spouse respondents to the Military Family Lifestyle Survey
who identified spousal employment as a top issue, 44% noted
that ``remote work opportunities'' would best address their
concerns.\26\ Since the start of the COVID-19 pandemic, rates
of remote working have significantly increased, even as offices
started to reopen.\27\ There has also been a notable increase
in remote working driven by the employee relocating to a
different geographic area.\28\
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\26\Blue Star Families, supra note 3, at 67.
\27\Pew Research Center, COVID-19 Pandemic Continues to Reshape
Work in America (Feb. 16, 2022) (www.pewresearch.org/social-trends/
2022/02/16/covid-19-pandemic-continues-to-
reshape-work-in-america/).
\28\Id.
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The federal government has also seen a significant increase
in the number of eligible employees remote working compared to
before the pandemic.\29\ The Office of Personnel Management
(OPM) has been developing policy guidance, resources, technical
support, and training to leverage the lessons learned during
the pandemic, particularly related to hybrid work
environments.\30\ In 2021, for the first time in ten years, OPM
updated its guidance for agencies on implementing effective
telework and remote work flexibility.\31\
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\29\Office of Personnel Management, Future of Work (www.opm.gov/
policy-data-oversight/
future-of-work/) (accessed Aug. 12, 2022).
\30\Id.
\31\Office of Personnel Management, 2021 Guide to Telework and
Remote Work in the Federal Government (Nov. 2021) (chcoc.gov/sites/
default/files/Telework-Guide-2021_0.pdf).
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Senator Lankford inquired about the potential benefits of
federal remote work opportunities for military spouses seeking
employment during a March 2022 hearing conducted by the Senate
Committee on Homeland Security and Governmental Affairs'
Subcommittee on Government Operations and Border Management,
entitled ``Chief Human Capital Officers at 20: What is Needed
to Empower CHCOs to Ensure HR Practices Support Agencies''
Mission Success.''\32\ Subcommittee Ranking Member Lankford
asked the panel about the higher percentages of federal
employees who are teleworking or remote working and about the
access of military spouses and individuals in rural areas.\33\
Mr. Steve Lenkart, Executive Director of the National
Federation of Federal Employees, replied that ``remote work
opens up a world of possibilities'' and is ``absolutely the
gold standard for a lot of our military spouses that keep
moving around with their spouses.''\34\
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\32\Senate Subcommittee on Government Operations and Border
Management, Hearing on Chief Human Capital Officers at 20: What is
Needed to Empower CHCOs to Ensure HR Practices Support Agencies'
Mission Success, 117th Cong. (Mar. 2, 2022) (S. Hrg. 117-252).
\33\Id.
\34\Id.
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Congress and Presidents have previously enacted policies to
help increase the number of employment opportunities available
to military spouses. In 2008, President George W. Bush issued
an Executive Order to provide federal agencies with the
authority to appoint spouses who relocate due to a PCS into
positions in the civil service without needing to fulfill a
number of competitive hiring requirements usually required for
such positions.\35\ The National Defense Authorization Act for
Fiscal Year 2013 codified the authorization initiated by the
Bush Executive Order by establishing a new section 3330d of
title 5, United States Code, regarding the noncompetitive
appointment of military spouses.\36\ The National Defense
Authorization Act for Fiscal Year 2017 and the National Defense
Authorization Act for Fiscal Year 2019 further amended section
3330d, including to temporarily expand the noncompetitive
hiring authority to all military spouses.\37\
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\35\Exec. Order No. 13473, 73 Fed. Reg. 56703 (Sep. 25, 2008).
\36\National Defense Authorization Act for Fiscal Year 2013, Pub.
L. 112-239, Sec. 566(a) (2013).
\37\National Defense Authorization Act for Fiscal Year 2017, Pub.
L. 114-328, Sec. 1131 (2016); John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. 115-232, Sec. 573
(2018).
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The Military Spouse Employment Act would further amend
section 3330d to clarify the applicability of remote work to
federal agencies' noncompetitive hiring authority for military
spouses. The bill adds a definition of ``remote work'' and adds
this term to the subsection describing the hiring authority.
The bill aims to increase the number of remote work
opportunities in the federal government for military spouses,
which would enable spouses to continue their careers in the
civil service even as they experience PCS relocations.
III. Legislative History
Senator James Lankford (R-OK) introduced S. 349, the
Military Spouse Employment Act, on February 9, 2023, with
original cosponsors Senator Kyrsten Sinema (I-AZ), Senator Deb
Fischer (R-NE), and Senator Angus King (I-ME). The bill was
referred to the Committee on Homeland Security and Governmental
Affairs. Senator Rick Scott (R-FL) and Senator Maggie Hassan
(D-NH) joined as additional cosponsors on March 28, 2023.
The Committee considered S. 349 at a business meeting on
March 29, 2023. At the business meeting, Ranking Member Paul
offered an amendment to the bill as well as a modification to
that amendment due to negotiations with the Chairman. The Paul
amendment as modified directs the GAO to conduct a study
regarding the use of remote work by agencies. The modification
to the Paul amendment struck language in the amendment that
would have inserted a section in the bill to specify that no
additional funds are authorized to be appropriated for the
purpose of carrying out this legislation. The modification also
made additions to the subject matter within the GAO study
directive, including the use of remote work in agency
recruitment and retention efforts, the geographic locations of
employees who work remotely, and the impact of remote work on
agency spending on federal office space. The Committee adopted
the modification to the Paul amendment by voice vote, with
Senators Peters, Hassan, Rosen, Padilla, Ossoff, Blumenthal,
Paul, Lankford, Romney, Scott, and Hawley present. The
Committee adopted the Paul amendment as modified by voice vote
with Senators Peters, Hassan, Rosen, Padilla, Ossoff,
Blumenthal, Paul, Lankford, Romney, Scott, and Hawley present.
The bill, as amended by the Paul amendment as modified, was
ordered reported favorably by roll call vote of 11 yeas to 0
nays, with Senators Peters, Hassan, Rosen, Padilla, Ossoff,
Blumenthal, Paul, Lankford, Romney, Scott, and Hawley voting in
the affirmative, and with Senators Carper, Sinema, Johnson, and
Marshall voting yea by proxy, for the record only.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section establishes the short title of the bill as the
``Military Spouse Employment Act.''
Section 2. Appointment of military spouses
This section amends section 3330d of title 5, United States
Code, to add definitions of ``remote work'' and ``telework''
for the purposes of this section. The bill also adds language
to the subsection describing the authority of the heads of
federal agencies to appoint military spouses to positions
noncompetitively. The language specifies that the authority
includes appointments to positions in which military spouses
engage in remote work.
Section 3. GAO study and report
Subsection (a) provides definitions for the terms
``agency,'' ``employee,'' ``remote work,'' and ``telework'' in
the context of the section.
Subsection (b) requires the GAO, within 18 months after
enactment of this bill, to conduct a study and publish a report
regarding the use of remote work by agency. The report shall
include a discussion of what is known regarding: (1) the number
of agency employees who are engaging in remote work; (2) the
role of remote work in agency recruitment and retention
efforts; (3) the geographic location of employees who engage in
remote work; (4) the effect remote work has on how often
employees report to officially established agency locations;
and (5) how the use of remote work has affected federal office
space utilization and spending.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 349 would authorize federal agencies to hire, without
going through competitive processes, the spouses of members of
the U.S. Armed Forces on active duty and spouses of disabled or
deceased members of the armed forces when those spouses apply
for remote work positions. That change would not affect the
total number of people the federal government employs, nor
would it affect their compensation. However, agencies might
modify administrative processes when implementing the bill. CBO
estimates that the costs to make those changes would be
insignificant.
Most agencies would fund those costs from discretionary
appropriations. However, enacting the bill also could affect
direct spending by some agencies that are allowed to use fees,
receipts from the sale of goods, and other collections to cover
operating costs. CBO estimates that any net changes in direct
spending by those agencies would be negligible because most of
them can adjust amounts collected to reflect changes in
operating costs.
The bill also would require the Government Accountability
Office to report on the use of remote work by federal agencies.
CBO estimates that satisfying that requirement would cost $1
million over the 2023-2028 period. Such spending would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is Dawn Sauter
Regan. The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
UNITED STATES CODE
* * * * * * *
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART B--EMPLOYMENT AND RETENTION
* * * * * * *
CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
* * * * * * *
SUBCHAPTER I--EXAMINATION, CERTIFICATION, AND APPOINTMENT
* * * * * * *
SEC. 3330D. APPOINTMENT OF MILITARY SPOUSES.
(a) Definitions.--In this section:
(1) * * *
(2) * * *
(3) The term ``remote work'' refers to a particular
type of telework under which an employee is not
expected to report to an officially established agency
location on a regular and recurring basis.
[(3)](4) 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.
(5) 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; [or]
(2) a spouse of a disabled or deceased member of the
Armed Forces[.]; or
(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.
(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)](a)(4) is not restricted to a geographical
area.
* * * * * * *
[all]