What This Bill Does
This bill allows federal agencies to hire spouses of active duty, disabled, or deceased military members for jobs where employees work remotely. The bill also requires a study of how federal agencies currently use remote work arrangements.
Who It Affects
Spouses of active duty military members, spouses of disabled military members, spouses of deceased military members, federal agencies that hire employees, and the Comptroller General of the United States (the official who conducts audits and studies for Congress).
Key Provisions
• Federal agencies can now appoint military spouses to remote work positions (Sec. 2)
• "Remote work" means a type of work arrangement where an employee does not have to report to an official agency location on a regular and recurring basis (Sec. 2)
• Within 18 months after this bill becomes law, the Comptroller General must study and publish a report about how federal agencies use remote work (Sec. 3)
• The report must include information about how many employees work remotely, whether remote work helps agencies hire and keep employees, where remote work employees are located, and how remote work affects office space use and spending (Sec. 3)
What Changes
Federal law now explicitly permits agencies to hire spouses of active duty, disabled, or deceased military members for positions that involve remote work.
Important Definitions
"Remote work": A type of work arrangement where an employee is not expected to report to an official agency location on a regular and recurring basis.
"Telework": A flexible work arrangement where an employee performs job duties and other approved work activities from an approved location other than their usual workplace.
Effective Date
Not specified in bill text
118TH CONGRESS
1ST SESSION
S. 349
AN ACT
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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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† S 349 ES
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Military Spouse Em-
2
ployment Act’’.
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SEC. 2. APPOINTMENT OF MILITARY SPOUSES.
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Section 3330d of title 5, United States Code, is
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amended—
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(1) in subsection (a)—
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(A) by redesignating paragraph (3) as
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paragraph (4);
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(B) by inserting after paragraph (2) the
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following:
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‘‘(3) The term ‘remote work’ refers to a par-
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ticular type of telework under which an employee is
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not expected to report to an officially established
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agency location on a regular and recurring basis.’’;
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and
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(C) by adding at the end the following:
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‘‘(5) The term ‘telework’ has the meaning given
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the term in section 6501.’’;
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(2) in subsection (b)—
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(A) in paragraph (1), by striking ‘‘or’’ at
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the end;
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(B) in paragraph (2), by striking the pe-
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riod at the end and inserting ‘‘; or’’; and
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(C) by adding at the end the following:
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3
† S 349 ES
‘‘(3) a spouse of a member of the Armed Forces
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on active duty, or a spouse of a disabled or deceased
2
member of the Armed Forces, to a position in which
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the spouse will engage in remote work.’’; and
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(3) in subsection (c)(1), by striking ‘‘subsection
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(a)(3)’’ and inserting ‘‘subsection (a)(4)’’.
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SEC. 3. GAO STUDY AND REPORT.
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(a) DEFINITIONS.—In this section—
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(1) the terms ‘‘agency’’ means an agency de-
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scribed in paragraph (1) or (2) of section 901(b) of
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title 31, United States Code;
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(2) the term ‘‘employee’’ means an employee of
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an agency;
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(3) the term ‘‘remote work’’ means a particular
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type of telework under which an employee is not ex-
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pected to report to an officially established agency
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location on a regular and recurring basis; and
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(4) the term ‘‘telework’’ means a work flexi-
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bility arrangement under which an employee per-
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forms the duties and responsibilities of such employ-
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ee’s position, and other authorized activities, from
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an approved worksite other than the location from
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which the employee would otherwise work.
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(b) REQUIREMENT.—Not later than 18 months after
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the date of enactment of this Act, the Comptroller General
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† S 349 ES
of the United States shall conduct a study and publish
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a report regarding the use of remote work by agencies,
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which shall include a discussion of what is known regard-
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ing—
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(1) the number of employees who are engaging
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in remote work;
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(2) the role of remote work in agency recruit-
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ment and retention efforts;
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(3) the geographic location of employees who
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engage in remote work;
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(4) the effect that remote work has had on how
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often employees are reporting to officially established
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agency locations to perform the duties and respon-
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sibilities of the positions of those employees and
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other authorized activities; and
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(5) how the use of remote work has affected
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Federal office space utilization and spending.
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Passed the Senate June 22, 2023.
Attest:
Secretary.
118TH CONGRESS
1ST SESSION
S. 349
AN ACT
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.