---
kind: "section"
citation: "10 U.S.C. § 1580"
title: "10"
title_heading: "Armed Forces"
number: "1580"
heading: "Emergency essential employees: designation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1580"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 81 — Civilian Employees"
---

# §1580. Emergency essential employees: designation

- (a) **Criteria for Designation.—** The [Secretary](/usc/10/4951.md?p=3) of Defense or the [Secretary](/usc/10/4951.md?p=3) of the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) concerned may designate as an emergency essential employee any employee of the [Department](/usc/10/101.md?p=a-6) 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](/usc/10/101.md?p=a-4).
  - (2) It is necessary for the employee to perform that duty in a combat zone after the evacuation of nonessential personnel, including any [dependents](/usc/10/1072.md?p=2) of members of the [armed forces](/usc/10/101.md?p=a-4), 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](/usc/10/101.md?p=a-4) 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](/usc/10/101.md?p=a-4) 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)](#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](/usc/10/1587.md?p=a-1).

## Source credit

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

## Notes

### 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.