II Calendar No. 38 118THCONGRESS 1 STSESSION S. 349 [Report No. 118–14] To amend title 5, United States Code, to authorize the appointment of spouses of members of the Armed Forces who are on active duty, dis- abled, or deceased to positions in which the spouses will work remotely. IN THE SENATE OF THE UNITED STATES FEBRUARY9, 2023 Mr. L ANKFORD(for himself, Ms. SINEMA, Mrs. FISCHER, Mr. KING, Mr. S COTTof Florida, and Ms. HASSAN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A PRIL27, 2023 Reported by Mr. P ETERS, with an amendment [Insert the part printed in italic] A BILL 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, 2 VerDate Sep 11 2014 21:39 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S349.RS S349 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 349 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Military Spouse Em-2 ployment Act’’. 3 SEC. 2. APPOINTMENT OF MILITARY SPOUSES. 4 Section 3330d of title 5, United States Code, is 5 amended— 6 (1) in subsection (a)— 7 (A) by redesignating paragraph (3) as 8 paragraph (4); 9 (B) by inserting after paragraph (2) the 10 following: 11 ‘‘(3) The term ‘remote work’ refers to a par-12 ticular type of telework under which an employee is 13 not expected to report to an officially established 14 agency location on a regular and recurring basis.’’; 15 and 16 (C) by adding at the end the following: 17 ‘‘(5) The term ‘telework’ has the meaning given 18 the term in section 6501.’’; 19 (2) in subsection (b)— 20 (A) in paragraph (1), by striking ‘‘or’’ at 21 the end; 22 (B) in paragraph (2), by striking the pe-23 riod at the end and inserting ‘‘; or’’; and 24 (C) by adding at the end the following: 25 VerDate Sep 11 2014 21:39 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S349.RS S349 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 349 RS ‘‘(3) a spouse of a member of the Armed Forces 1 on active duty, or a spouse of a disabled or deceased 2 member of the Armed Forces, to a position in which 3 the spouse will engage in remote work.’’; and 4 (3) in subsection (c)(1), by striking ‘‘subsection 5 (a)(3)’’ and inserting ‘‘subsection (a)(4)’’. 6 SEC. 3. GAO STUDY AND REPORT. 7 (a) D EFINITIONS.—In this section— 8 (1) the terms ‘‘agency’’ means an agency de-9 scribed in paragraph (1) or (2) of section 901(b) of 10 title 31, United States Code; 11 (2) the term ‘‘employee’’ means an employee of 12 an agency; 13 (3) the term ‘‘remote work’’ means a particular 14 type of telework under which an employee is not ex-15 pected to report to an officially established agency lo-16 cation on a regular and recurring basis; and 17 (4) the term ‘‘telework’’ means a work flexibility 18 arrangement under which an employee performs the 19 duties and responsibilities of such employee’s position, 20 and other authorized activities, from an approved 21 worksite other than the location from which the em-22 ployee would otherwise work. 23 (b) R EQUIREMENT.—Not later than 18 months after 24 the date of enactment of this Act, the Comptroller General 25 VerDate Sep 11 2014 21:39 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S349.RS S349 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 349 RS of the United States shall conduct a study and publish a 1 report regarding the use of remote work by agencies, which 2 shall include a discussion of what is known regarding— 3 (1) the number of employees who are engaging in 4 remote work; 5 (2) the role of remote work in agency recruit-6 ment and retention efforts; 7 (3) the geographic location of employees who en-8 gage in remote work; 9 (4) the effect that remote work has had on how 10 often employees are reporting to officially established 11 agency locations to perform the duties and respon-12 sibilities of the positions of those employees and other 13 authorized activities; and 14 (5) how the use of remote work has affected Fed-15 eral office space utilization and spending. 16 VerDate Sep 11 2014 21:39 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S349.RS S349 pbinns on DSKJLVW7X2PROD with $$_JOB VerDate Sep 11 2014 21:39 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S349.RS S349 pbinns on DSKJLVW7X2PROD with $$_JOB Calendar No. 38 118 TH CONGRESS 1 ST S ESSION S. 349 [Report No. 118–14] A BILL To amend title 5, United States Code, to authorize the appointment of spouses of members of the Armed Forces who are on active duty, disabled, or deceased to positions in which the spouses will work remotely. A PRIL 27, 2023 Reported with an amendment VerDate Sep 11 2014 21:39 Apr 27, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S349.RS S349 pbinns on DSKJLVW7X2PROD with $$_JOB