§1580 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense or the head of a military department can label a Department of Defense worker — permanent or temporary — as an emergency essential employee if three things are true. The worker must give immediate, ongoing support to combat operations or to keeping combat‑essential military systems working. The worker must need to stay in a combat zone after nonessential people (including service members’ dependents) are evacuated because of war, a national emergency declared by Congress or the President, or the start of combat. The job cannot be turned over to a service member because it must be done without interruption. Nonappropriated fund instrumentality employees can also be designated. “Combat zone” means what section 112(c)(2) of the Internal Revenue Code defines, and “nonappropriated fund instrumentality employee” means what 10 U.S.C. 1587(a)(1) defines.

Title 10, §1580

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense or the Secretary of the military department concerned may designate as an emergency essential employee any employee of the Department of Defense, whether permanent or temporary, the duties of whose position meet all of the following criteria:

(1)It is the duty of the employee to provide immediate and continuing support for combat operations or to support maintenance and repair of combat essential systems of the armed forces.

(2)It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any dependents of members of the armed forces, from the zone in connection with a war, a national emergency declared by Congress or the President, or the commencement of combat operations of the armed forces in the zone.

(3)It is impracticable to convert the employee’s position to a position authorized to be filled by a member of the armed forces because of a necessity for that duty to be performed without interruption.

(b)A nonappropriated fund instrumentality employee is eligible for designation as an emergency essential employee under subsection (a).

(c)In this section:

(1)The term “combat zone” has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986.

(2)The term “nonappropriated fund instrumentality employee” has the meaning given that term in section 1587(a)(1) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 112(c)(2) of Title 26, Internal Revenue Code.

Prior Provisions

A prior section 1580, added Pub. L. 87–651, title II, § 206(a), Sept. 7, 1962, 76 Stat. 519, related to appointment of civilian employees by the Secretary of Defense, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 663.

§1580 Emergency essential employees: designation