
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1104(b)]
[CITE: 10USC1580]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 81--CIVILIAN EMPLOYEES
 
Sec. 1580. Emergency essential employees: designation

    (a) Criteria for Designation.--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) Eligibility of Employees of Nonappropriated Fund 
Instrumentalities.--A nonappropriated fund instrumentality employee is 
eligible for designation as an emergency essential employee under 
subsection (a).
    (c) Definitions.--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.

(Added Pub. L. 106-65, div. A, title XI, Sec. 1103(b)(1), Oct. 5, 1999, 
113 Stat. 776.)

                       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, Sec. 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, Sec. 8(a), Sept. 6, 1966, 80 Stat. 663.

                  Section Referred to in Other Sections

    This section is referred to in title 5 sections 6304, 8702.
