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

Summary

The Secretary of Defense or the head of a military department may name a DoD employee an emergency essential employee when three things are true. The employee must provide immediate, ongoing support for combat or for keeping combat‑essential systems working; must need to stay in a combat zone after nonessential people (including dependents) are evacuated because of war, a national emergency declared by Congress or the President, or the start of combat; and the job cannot be changed to a military post because it must keep going without interruption. Employees of nonappropriated fund activities are also eligible. combat zone — defined in section 112(c)(2) of the Internal Revenue Code of 1986. nonappropriated fund instrumentality employee — an employee of a military nonappropriated fund activity (see section 1587(a)(1)).

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