S.Amdt. 5497

1. Adds SEC. 1083. NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MILITARY PERSONNEL at the end of subtitle G of title X

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (2) in paragraph (2), by striking "implemented" and inserting "developed".

   Inserted: SEC. 1083. NONCOMPETITIVE APPOINTMENT OF SPOUSES OF MILITARY PERSONNEL.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Active duty.--The term "active duty" means full-time duty in the armed forces. In the case of a member of a reserve component of the armed forces, including a member of the National Guard performing full-time National Guard duty, the term does not include training duties or attendance at schools.

   Inserted: (2) Permanent change of station.--The term "permanent change of station" has the meaning given that term in Appendix A, Volume 1 of the Department of Defense Joint Federal Travel Regulations.

   Inserted: (3) Totally disabled retired or separated member of the armed forces.--The term "totally disabled retired or separated member of the armed forces" means an individual who--

   Inserted: (A) is retired from the armed forces under chapter 61 of title 10, United States Code, with a disability rating at the time of retirement of 100 percent disabled or;

   Inserted: (B) has a disability rating of 100 percent from the Department of Veterans Affairs.

   Inserted: (b) Appointment Authority.--(1) Under such regulations as the Director of the Office of Personnel Management shall prescribe, the head of an agency may make a noncompetitive appointment to a position in the competitive service to which the appointee is qualified of--

   Inserted: (A) the spouse of a member of the armed forces who, as determined by the Secretary of Defense, is performing active duty under orders that authorize a permanent change of station;

   Inserted: (B) the spouse of a totally disabled retired or separated member of the armed forces; or

   Inserted: (C) the unremarried widow or widower of a member of the armed forces who died on active duty.

   Inserted: (2) An appointment under paragraph (1)-- (A) of an individual described in paragraph (1)(A) may only be made--

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   Inserted: (i) not more than 2 years after the station is permanently changed under the orders; and

   Inserted: (ii) to a duty station in the same geographical area as the changed permanent station; (B) of an individual described in paragraph (1)(B) may only be made not more than 2 years after--

   Inserted: (i) the retirement of the member of the armed forces described in subsection (a)(3)(A);

   Inserted: (ii) the member of the armed forces described in subsection (a)(3)(B) received a disability rating described in that subsection; and (C) of an individual described in paragraph (1)(C) may only be made not more than 2 years after the death of the member of the armed forces.

   Inserted: (3)(A) During any time period described in paragraph (2)(A)(i), (B), or (C), an individual may receive no more than 1 permanent appointment under paragraph (1).

   Inserted: (B) Any individual who received an appointment under paragraph (1) during the period described in paragraph (2)(B) may not receive an appointment during the period described in paragraph (2)(C).

   Inserted: (4) Before the head of an agency may make an appointment under paragraph (1), the head of the agency shall, at least to an extent that satisfies the requirements of applicable law and regulation, provide advance notice of the vacancy to employees of the agency and to others.

   Inserted: (c) Status of Preference Eligibles.--Nothing in this section shall be construed to deprive an individual who is a preference eligible of a preference in hiring over an individual who is not a preference eligible.

   Inserted: (d) Report to Congress.--(1) Not later than 4 years after the date of enactment of this Act, the Director of the Office of Personnel Management shall, in consultation with and with the assistance of the Secretary of Defense, prepare a report on activities carried out under this section and shall submit it to--

   Inserted: (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and

   Inserted: (B) the Committee on Government Oversight and Reform and the Committee on Armed Services of the House of Representatives.

   Inserted: (2) The report shall include--

   Inserted: (A) findings and conclusions regarding--

   Inserted: (i) the extent to which the exercise of the authority under this section has served the public interest;

   Inserted: (ii) the extent to which the exercise of the authority under this section has had consequences that are counter to the public interest; and

   Inserted: (iii) opinions of spouses of members of the armed services and of employees and managers of agencies where appointments under subsection (b)(1) were made with respect to the authority under this section and its exercise;

   Inserted: (B) any available and appropriate quantitative, as well as qualitative, measures to support the findings and conclusions in subparagraph (A); and

   Inserted: (C) recommendations as to whether the authority under this section should be reauthorized, and, if so, recommendations whether the authority should be made permanent and codified within title 5 of the United States Code and recommendations for any amendments to this section.

   Inserted: (e) Termination of Authority.--The authority to make an appointment under this section shall terminate 5 years after the date of enactment of this Act.

   Original wording

   At the end of subtitle G of title X, add the following:

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As printed